PSA working with Legal Aid to ensure COVID-19 safety for members
Your union, the PSA, has been working very hard with Legal Aid management to ensure your safety. We have been participating in bi-weekly union-management consultative meetings, where we have been successful in reducing face-to-face contact between staff and the public to a minimum.
The latest example of our activity has been in the Criminal Law Division. PSA delegates and activists were able to convince Legal Aid management to adopt a proposal to conduct AVL appearances from Legal Aid premises, rather than from Local Court premises. Legal Aid management is to be congratulated on successfully persuading other agencies and authorities that this was the best way to proceed. Conducting AVL appearances from Legal Aid premises will allow for enhanced social distancing and infection risk mitigation.
Throughout this crisis, the PSA has been encouraging Legal Aid management to allow working from home to the maximum extent possible. Legal Aid is well ahead of a number of other comparable agencies in implementing this important measure.
These successes demonstrate what can be achieved by organised, professional workers working through their union. Unfortunately, members can be certain that the current crisis will continue to require further vigorous interventions by the PSA. Please take this opportunity to encourage any of your colleagues who are not yet members to sign up without delay.
Members who experiencing problems or with ideas during this difficult period are encouraged to contact their Delegates to seek union assistance.
Dane Bracewell Justin Hutchinsonor 0419 287 985 John Moratelli Central Council
This health order was designed to prevent infections on the island which is considered an at risk environment, as getting access to the necessary intensive care will be difficult.
The order requires, among other things:
Restricting all travel to/from the island, excepting residents returning, non-residents leaving, supply ships and aircraft, and medical and health personnel.
Enforced quarantine of all returning people to the island for a quarantine period in one premise.
As 10 days has passed, if members are having difficulties with the operation of the order at their work, they are advised to ring the PSA.
As infections can be asymptomatic, like all people around the world during the COVID19 pandemic, it is recommended that Lord Howe Island residents also practice social distancing, increased hygiene and hand washing, as recommended by NSW Health. However, we should continue to look out for our workmates and neighbours by regularly touching base.
If isolation or COVID-19 are causing you stress and anxiety or coping difficulties, contact your employer’s EAP service, or Lifeline Australia 13 11 14.
The PSA will remain open online and over the telephone for Lord Howe members throughout the COVID-19 pandemic.
A number of members have sought information on the interpretation of, and when certain thresholds are met, with regard to the Premier’s Circular C2020 – 01 Employment Arrangement during COVID – 19. This in part has been brought about by the backflip on the closure of schools flagged by the NSW Government before the National Cabinet Committee Meeting on Monday, 23 March 2020.
Schools Are Open but I am Encouraged to Keep my Kids at Home. What Leave do I Claim?
The Premier’s Circular is specific that Special Leave is provided due to the closure of schools and caring facilities. Most members would be aware that the National Cabinet has made the decision not to officially close schools or caring facilities at this point in time (27 March) so the threshold has not technically been met for the application of Special Leave.
For the period that schools remain open, members should be making application for Family & Community Services (FaCS) leave to cover those absences from work.
Members in the first instance should consider whether there is provision to work from home to support those caring arrangements without taking leave entitlements. The PSA has assisted this process by agreeing with DPIE to temporarily suspend the core time and bandwidth provisions of Flexible Working Hours Agreements in DPIE, subject to mutual agreement between an employee and their manager. This means that there is much more scope for members work their contract of employment hours outside of the traditional work times i.e. early morning, later into the afternoon or night, splitting the times up over the course of the day.
My Kids go to a School That Has Closed? What Do I Claim?
For those many private schools who have closed, a Special Leave application would be considered appropriate. However, members in the first instance should consider whether there is provision to work from home to support those caring arrangements without taking leave entitlements. The PSA acknowledges that this would not work for all parents, particularly those who have children with special needs.
Additionally, some public school principals have sent communication either stating that the school is closed, or instructing parents to keep their children at home except for “health and emergency services” staff. If this is the case it should be recognised that your school is closed and working from home, or special leave should be considered.
The PSA accepts that the situation with schools is confusing and unclear. This could be avoided if the Premier made a clear consistent decision regarding school closures, rather than attempting to have it both ways.
The Workplace is Closed & DPIE Can’t Provide Me with Work from Home or at an Alternative Location. What Leave do I Claim?
Where work is unable to be provided to members through either an alternative location or through work from home, they are to be paid as normal and are placed on paid special leave.
I am a Casual Employee. What are my Entitlements?
DPIE is not immune to the issue of casual employment nor is it an island amongst itself when making comparisons with the NSW Public Sector. Other public services that have been forced to close to the public have provided their casual staff with payment for their current roster. Others still have reaffirmed their commitment to their workforce by stating that all casuals will be continued to be employed and engaged with work throughout the COVID – 19 situation.
Many agencies are stating that no casuals are entitled to special leave. This blanket statement is incorrect.
DPIE is required to consider whether an employee is a true casual, that is that they have been carrying out irregular, intermittent, short-term, urgent or other work as and when required.
The PSA is aware that there are many casual employees who have worked regular, systematic shifts every month for many years. Many of these casuals should have been converted to ongoing employment already.
The PSA’s position is clear. All long term casuals that have been employed in a systematic, regular fashion should be found other duties, or in the event that none can be found, they are entitled to the special leave provisions as set out in the Premiers Circular.
The PSA believes it is vital that all Public Sector workers maintain a deserved pay cheque and are not added to the unemployment statistics.
The PSA will advocate for any casual PSA member who believes they fit the above description. If you know a casual who has not joined the PSA, show them this bulletin and ask them to join today.
The Department and the union are investing significant resources to try and keep COVID exposure in our workplaces as minimal as possible through the establishment of a COVID Command Centre. This Command Centre is providing daily updates and progressively issuing instructions and COVID specific procedures, and also operates 24 hours to assist resolving COVID incidents. The Commissioner has asked for all Governors to distribute these communications to all their staff. The Union has asked for a COVID coordinator in all centres to assist all staff in managing the COVID 19 risks. If you are not getting updates, contact your PSA delegates. The PSA will not distribute these instructions as we want to avoid distributing mistakenly classified information externally, when there is now significant volume of materials being developed. The PSA are also asking for all Coronavirus Command communications to be put on the intranet page to assist staff become aware of measures being taken.
Section 26 and 6.2s
There should be communications coming out from the Commissioner on these types of orders.
Advice on testing- Good News
We are yet to see the official advice on the health department website, however the National Cabinet last night (Wed) provided amended advice that priority testing for COVID19 has been extended to people involved in high risk communities (this includes corrections and youth justice) who suffer respiratory symptoms. This is good news for all Corrective Services and Youth Justice staff, as rather than being forced to go into a number of rounds of 14 day self-isolation as workers get exposed to more and more people with confirmed COVID19, they will now be able to access the swab test and get results within days (current testing speed is within days but expected to become faster), reducing unnecessary leave and reducing pressure on our workmates who will have to fill the void in testing times.
Movement Logs
There is agreement with the Department that all movements will be logged to enable better contact tracing in the event of infection within the system. Whilst this is extra work, the importance of this task is essential in the case of infection, and further isolation to prevent COVID19 disbursement.
Frequently Asked Questions- Social Distancing
Corrective Services and Youth Justice are currently exempted from the social distancing requirements under NSW Health Orders. However, under the Work Health and Safety Act 2011, the Department is required to eliminate and then minimise risks to workers health and safety. We are all however, aware of the corrections environment is a high risk environment for this contagious pandemic influenza, and that staff pose one of the more significant risks of bringing the virus into correctional workplaces. Social Distancing may be a key strategy to maintain worker safety and to maintain business continuity in the case of an infection in the custodial environment. Therefore we are recommending the following in line with federal and state health recommendations whilst trying to maintain 4 square meter spaces where possible:
All security procedures should be followed as a priority in safety over infection safety measures due to the larger risk involved with inmates in custody.
If required to undertake security measures that put you at risk of infection, appropriate PPE should be provided.
Review local procedures to avoid unnecessary exposure where possible, including through amendment of risks no longer necessary in consultation with your management.
That all non-essential meetings utilise social distancing or digital communication to avoid risk of infection.
That all communications such as daily parades are assessed as to whether alternate mechanisms can be used, factoring in social distancing recommendations, location, and also alternate means of communications (i.e. notices in sterile gate radio room, or addressing Managers/ Seniors for them to address team staff and emailing all staff).
If you are suffering respiratory symptoms- do not go to work!
Look at whether staff rotations between different wings (such as cyclic rostering) can be amended to avoid potential exposure to different contained areas.
For non-custodial staff look at creating teams of staff and not having them not physically in the same space or utilise working from home arrangements.
Regularly undertake hygiene measures such as cleaning hands.
All workplaces should be increasing their cleaning regime.
PSA met with Corrective Services on Thursday afternoon and discussed program delivery and working from home arrangements for Non Custodial staff. There will be instructions coming from Corrective Services guiding programs staff on social distancing this week and also increasing clarity and guidance for working from home next week.
Frequently Asked Questions- Workers Compensation and COVID 19
The union and the Department have worked on mechanisms to get special leave for all workers affected by COVID 19 under the Premiers Circular 2020-01. This support with your Medicare system (which unions also fought for and won) should provide most workers with their immediate health and income needs. There are however, concerns for PSA members if they do get infected, that the recovery time for COVID19 can be longer for some people than just a few weeks. Doctors have been reporting cases overseas state that a small number of patients have experienced lung scaring and delayed recovery. There is no uniform answer for whether workers compensation will cover workers in every situation. There is a legal requirement for liability to be accepted under Workers Compensation Act 1987, that a causal nexus must exist between work and the injury/illness, and for diseases liability that the illness was acquired in the course of work and work was the main contributing factor. Therefore by maintaining a movement log (as above), this may assist members undertake contact tracing as required from NSW Health and may have the advantage of assisting to prove workers compensation liability in the circumstance when other leave is exhausted and a member needs the assistance.
Your PSA contacts on the 7-day COVID 19 Command Centre are:
CPSU NSW UOW COVID-19 Bulletin – March 2020
As CPSU NSW members are aware the University of Wollongong (UOW) has brought forward the session break to allow content to be uploaded so teaching can be delivered remotely.
At this stage all UOW campuses, library, facilities, research and administrative functions will remain open for the break and when the new session begins.
This fact alone demonstrates the valuable contribution and essential nature of the work that professional staff do at the University.
CPSU NSW Member Issues
Your Union is following up and engaging with the University on issues that members have flagged as issues due to the nature of your work.
Working From Home/Remotely – Access during COVID-19
Some members have indicated they are having difficulties in getting approval to work from home or remotely during the pandemic. Members have indicated that some Managers are simply refusing requests without providing a genuine reason. This is in spite of the university’s advice that staff having the relevant technology, the ability and the type of work that allows them to work from home, should do so.
We are seeking member feedback on this:
Are you having difficulties accessing these arrangements?
Is it clear why your area or you cannot do so?
Please provided feedback to: Lisa Nelson – and Bart McKenzie
What leave can you access if you need to isolate?
CPSU NSW members have approached their Union and asked what leave they should access if they are forced to self-isolate as a result of carrying out their duties at the University.
UOW at this stage had indicated that staff will need to contact a HR Business Partner to discuss the type of leave.
The CPSU NSW is advocating for paid special leave for this in line with other Universities. We will update members on how this is progressing.
UOW Library
The direction of the Prime Minister on 25th March was to close all libraries, no exceptions.
UOW has not done this and the Library is still currently open.
CPSU NSW is currently in discussion around this with the university and will escalate the matter if necessary.
The concern is the conflicting messages and information staff are receiving between what is being given as directives and the direct impacts on the ground.
Links to NSW Health and Federal Department of Health Guidelines
NSW Health has issued the Factsheet, Advice for universities, that can be viewed HERE
The Federal Department of Health’s website can be viewed HERE
The Federal Department of Health’s guidelines on Social Distancing can viewed HERE
Further Updates
The CPSU NSW realises that the response to COVID-19 is moving incredibly quickly at both a university and government level. We will endeavor to update members as quickly as possible.
Issues raised at Transport Union COVID-19 Briefing
On the 20 March Unions NSW co-ordinated a briefing for Transport Unions with the Secretary TfNSW Rod Staples and Senior Officers from across the Transport cluster.
The unions were introduced to the CVID-19 Transport Taskforce lead Mr Mark Hutchins who advised unions the taskforce had been created with up to 40 leaders from across the transport agencies to co-ordinate the ongoing response to the emerging CVID-19 pandemic crisis.
The Unions had provided a list of urgent issues HERE prior to the meeting for the Transport Cluster agencies urgent attention.
The briefing outlined to Unions the whole of government approach with a Secretary’s – Senior officers committee linked to Health NSW for regular co-ordinated advice. These Senior officers will link into the TfNSW Taskforce –Unions Group for ongoing consultation and resolution of Employment, Health, Hygiene and Work Health Safety issues.
This group will meet weekly and a further teleconference occurred on 25 March to deal with the list of issues provided to TfNSW taskforce week commencing 16 March 2020. A list of agency leads contacts will be provided to Unions for urgent matters raised by delegates and members.
From the list the following responses were received –
Pandemic Plan Arrangements
A copy of the Premiers Circular titled C2020-01 Employment Arrangements during COVID-19 can be viewed HERE
Where employees who are not directly involved in the pandemic response cannot be gainfully employed at their normal place of work, remotely from home or at another office of the agency, such employees, where feasible and appropriate, may be temporarily required to work in another role within the same agency or in another government agency pursuant to relevant legislative provisions.
Unable to work due to illness
If an employee is sick, current sick leave entitlements and conditions apply. Where sick leave is exhausted, Agency heads may grant special sick leave on a case by case basis.
Working flexibly
Each agency, in accordance with its business continuity plan, is to operate as close to normal as possible during the COVID-19 outbreak, taking account of any protection measures recommended by NSW Health.
Unless employees are on approved leave (e.g. sick, annual, family and community services, special) during the COVID-19 outbreak they are to undertake their normal duties either at their usual workplace, utilising flexible working arrangements at home, or at an alternate location.
Where employees are working from home whilst also providing care to a family member, it is expected employees can balance caring responsibilities with their ability to undertake productive work, or other leave provisions can apply.
Where there is a requirement to ensure that each workplace remains open at all stages, agencies are to deploy employees in other areas of the business where possible. Employees may be:
required to undertake different work (most likely for essential work) as directed in their own agency; or
temporarily assigned to other government agencies to assist priority service delivery by those agencies pursuant to relevant legislative provisions.
Exclusion from the workplace
Where an employee is not sick but is directed not to attend the workplace due to isolation requirements, agencies should identify options for employees to work from home during the quarantine period. Where work is unable to be provided to these employees, they are to be paid as normal and are placed on paid special leave for up to 20 days.
Unable to work
Up to 20 days paid special leave will be provided, before other leave entitlements need to be accessed, to employees who are unable to work because they are:
caring for sick family members;
caring for family members due to closure of schools and caring facilities; or
unable to attend work due to transport disruptions.
After the 20 days of special leave has been used, employees may access accrued leave entitlements (sick, annual, family and community services, extended/long service leave).
Workplace is closed
Where the workplace is closed, flexible work arrangements should be considered either at home or from another office location. Where work is unable to be provided to these employees, they are to be paid as normal and are placed on paid special leave.
Work Health & Safety (WHS)
All government agencies will continue to have a primary duty of care under section 19 of the Work Health and Safety Act 2011 (NSW) (WHS Act) where relevant, as well as other obligations under the WHS Act generally.
Some other important issues –
Casuals – Where casuals have regular systemic rostered work and are required to self- isolate or need to be carers the Special leave provisions in the NSW Government sector’s ‘C2020-01 Employment Arrangements during COVID019’ will apply.
Bus Services Sydney metro and outer suburban– will go cashless
Exposure of Operational workers to the public– various groups of members are face to face with the public daily such as Compliance Operations Inspectors and Traffic and Transport Commanders. For COI members RMS has updated the Safe Work Method Statements to reflect NSW Health Hygeine requirements to protect staff from COVID-19 exposure and transmission. For other classifications TfNSW will investigate and come back to the PSA with an update. Basically if members feel that they are not properly protected then refer to your line manager and advise that –
All government agencies will continue to have a primary duty of care under section 19 of the Work Health and Safety Act 2011 (NSW) (WHS Act) where relevant, as well as other obligations under the WHS Act generally. If its Unsafe respectfully decline unsafe work activities.
Working from Home – The Secretary this week directed managers to offer Working from home options to many office based staff due to the social distancing requirements. Also vulnerable staff i.e. those with chronic health issues are to be prioritised with assistance to work from home.
These are some of the responses to the many issues raised by Unions. A further meeting will occur on the 27 March to deal with outstanding Union concerns.
If any member has any issues or concerns please contact the PSA Member Support Centre on
1800 772 679 or .
Further Bulletins will occur to update members on ongoing consultation with the TfNSW COVID-19 Taskforce .
The Public Service Association of NSW (PSA) has been making representations for casuals to remain employed and engaged during the shutdown.
While the Museum of Applied Arts and Sciences (MAAS) committed to paying casuals on roster to April 1, they also distributed information via Sharepoint that casuals were not entitled to special leave. This blanket statement is incorrect.
MAAS is required to consider whether an employee is a true casual, that is that they have been carrying out irregular, intermittent, short-term, urgent or other work as and when required.
MAAS has many casual employees who have worked regular, systematic shifts every month for up to 16 years. Many of these casuals should have been converted to ongoing employment already.
The PSA’s position is clear. All long term casuals that have been employed in a systematic, regular fashion should be found other duties, or in the event that none can be found, they are entitled to the special leave provisions as set out in the Premiers Circular.
While MAAS Management maintain that casuals are not generally entitled to paid special leave, they have subsequently agreed to conduct a detailed review of casual employees. They will review on a case by case basis whether each casual employee may have any further entitlement to paid special leave. This review will take into account each employees tenure, whether they have worked regular and systemic shifts, and their average earnings over the prior six-month period. They will complete this review by COB on Friday the 27th of March, with a view of communicating with affected employees on Monday 30 March.
The PSA welcomes any opportunity to ensure that our members maintain a deserved pay cheque and are not added to the unemployment statistics.
In this review, the PSA will advocate for any casual PSA member who believes they fit the above description. If you know a casual who has not joined the PSA, show them this bulletin and ask them to join today.
Victim Services – Working from Home and Flexible Working Hours
Following our bulletin sent out on 17 March 2020 in regard to flexible working hours when working from home, the PSA contacted the Commissioner who has confirmed that there has been no direction given by her to work standard hours.
This again demonstrates the importance of you as members in bringing these issues to the table to ensure correct advice is given.
The PSA has also raised with the Commissioner staff well-being in relation to distressing calls and we have been advised that Team Leaders now conduct a daily debrief after 5pm.
The Commissioner assured the PSA that during this COVID-19 pandemic, staff well-being is paramount.
If members have received contrary advice, please contact the PSA.
Bulletin – Courts – Leave entitlements during COVID-19 Pandemic
It has come to the attention of the PSA that members are uncertain as to what kind of leave entitlements are available during the current COVID-19 pandemic. The NSW Government Circular C2020-01 sets out the relevant leave arrangements. The circular can be found here
As stated in the circular, in the event of a total shutdown:
Where the workplace is closed, flexible work arrangements should be considered either at home or from another office location. Where work is unable to be provided to these employees, they are to be paid as normal and are placed on paid special leave.
Further the circular advises:
Up to 20 days paid special leave will be provided, before other leave entitlements need to be accessed, to employees who are unable to work because they are:
caring for sick family members;
caring for family members due to closure of schools and caring facilities; or
unable to attend work due to transport disruptions.
After the 20 days of special leave has been used, employees may access accrued leave entitlements (sick, annual, family and community services, extended/long service leave).
If any member has received contrary advice or instructions, please contact your workplace delegate or the PSA directly on 1800 772 679.
Your PSA staff:
Industrial Officer – Monika Wunderlin
Organiser – Glenn Duncan
Interested in become a workplace delegate or more involved in the PSA? Contact the Member Support Centre on 1800 772 679 or your Organiser today!!
PSA Presses Police on Work from Home and Other COVID-19 Issues
Representatives of the PSA today held a telephone conference with staff from NSW Police Workforce Relations.
The PSA raised a number of issues regarding Police management’s response at the first of our weekly meetings on the COVID-19 pandemic.
Roll-out of work from home in Police
The PSA pressed Police to make all reasonable efforts to allow the greatest number of staff possible to work from home. We asked Police to identify at a Region level classifications of staff who could work from home in order to streamline the approval process. We also asked Police to provide regularly updated figures of the number of staff working from home.
Police responded that there are already a considerable number of staff working from home. Applications are considered on a case by case basis. Where staff are members of vulnerable groups or are caring for people in vulnerable groups they can receive special consideration for working from home. At this stage the PSA believes greater efforts need to be made to get as more staff working from home.
Parking at Parramatta and SPC
We asked Police to look at providing free parking near PHQ and SPC for staff who cannot work from home. They agree to look at it and come back at our next meeting.
Does the Premier’s announcement count as school closure for the purposes of Pandemic Leave?
At this stage, following advice from central government, the answer is no.
IT issues
Police is taking steps to purchase additional Citrix licences to allow work from home. This will allow staff to connect from home from their own computers without the need for a police laptop.
We asked Police to review the provision of counter services including bail reporting at Police stations and to take steps to reduce non-essential traffic. Police agreed to look at this issue.
Shortages of Hand Sanitiser in DTI
Staff in DTI report hand sanitiser has run out. Police agreed to look at this issue.
The PSA looks forward to continuing to cooperate with NSW Police on responding to the public health emergency.
Police has agreed to hold weekly meetings between the PSA and representatives of Corporate HR to brief the PSA and discuss concerns raised by members.
Members with concerns regarding safety, rosters, working from home, or any other issues are encouraged to contact their delegates or the PSA Member Support Centre.
Your PSA staff are:
Andrew Wright – Industrial Officer
Email:
Roland Harris – A/Industrial Officer
Email:
A union workplace is a fairer workplace. Know a colleague who’s not yet a member? Get them to JOIN ONLINE TODAY!
Please encourage colleagues who are not yet members of the PSA to join now. In times of crisis, it is more important than ever for public sector workers to be union members.
Schools Infrastructure NSW – the PSA is here for you
We write to let you know we are thinking of you during this difficult time and especially after hearing this morning that your office at George street is closed due to a confirmed case of COVID-19.
We want to assure you that the PSA is doing everything in our power to ensure your employer takes every step they can, to minimise the risk of COVID-19 in your workplace and to protect the health and wellbeing of our members.
When you are working from home or from another location, if you have any questions or concerns or need any assistance, please contact the PSA. Our Member Support Centre (MSC) is working extended hours right now so our members can access the support they need. You can contact the MSC on 1800 772 679.
