On 16 June 2021 the Fair Work Commission delivered its decision in the Annual Wage Review 2021-22.
The Annual Wages Review determines wage increases to the National Minimum Wage, Modern Awards, copied State awards. It takes into account economic factors such as CPI, inflation, GDP, and the effect that the Covid-19 has had on employment.
What does this mean for you?
The FWC decision raises the National Minimum Wage, and rates of pay in Modern Awards and copied State awards by 2.5 per cent.
Disability Workers in NSW who came across from the NSW Public Sector are covered by copied State awards.
In relation, to employees covered by copied State awards, the Fair Work Commission stated:
[309] The same approach will be taken in respect of copied State awards. These apply in relation to employees of non-national system State public sector employers who transfer their employment to a national system employer as part of a transfer of business. The Panel is required to review and, if appropriate, make a determination varying minimum wages in copied State awards. In the 2017–18 Review decision, the Panel determined that the adjustment to the rates in modern awards determined in that Review would be applied to copied state awards. This approach has been noted in various submissions in this Review and will be taken by us in this Review.
You can view the reasons behind the FWC decision HERE.
All disability workers on Copied State awards will receive a 2.5 per cent pay rise from the first pay period after 1 July 2021.
Join your union
Victories like this don’t just happen. Unions give workers a voice – a voice which can be heard in the Commission, and around the country.
The ACTU is the peak body of Australian trade unions, and your union is proud to be affiliated with them. Their submission on behalf of union members everywhere was integral to the decision to increase wages.
Your union surveyed members in April to find out how many members had received access to a COVID-19 vaccine.
Since then, CPSU NSW General Secretary Stewart Little has met with NSW Minister for Health Brad Hazzard. CPSU NSW has urged Minister Hazzard to use his offices to better coordinate a whole-of-government response to the vaccination of CPSU NSW members.
The Federal Government has also recently announced that it will set up dedicated
vaccination hubs across Australia for NDIS participants.
Has your access to the vaccine changed following these developments?
SafeWork NSW has created a short survey to learn more about key work health and safety issues, and the needs of workers and businesses who provide support or undertake other activities for or with people who have a disability.
This survey will help create an updated industry snapshot to guide the activities SafeWork NSW has planned with the industry later in 2021. These activities are part of the Health Care and Social Assistance Sector Plan, which is working towards our vision of ‘SAFER WORK, SAFER CARE’.
The survey is open until 7 May 2021.
Click HERE to start the survey. Or scan the QR code to open the survey and share with others who may be interested in responding.
We’re inviting all members working in the disability sector in the Newcastle area to a members’ meeting.
You will find out the latest news from across the sector and be able to participate in discussion about what’s happening in your area.
It’s a good opportunity to share your ideas and opinions.
Find out the latest news from across the membership. Meet up with other union members and have a discussion with your Union Officials and representatives.
When
4 March 2021
Time
2:00pm-3:30pm
Where
TAFE, Tighes Hill Campus
S Block Library S.G.10
Read how The Sydney Morning Herald reported on our win for Northcott Team Leaders HERE.
On Wednesday afternoon the Federal Court handed down its decision in relation to the status of Service Coordinators, finding their work was the “same, or substantially similar” to that of Team Leaders.
The case was brought by the CPSU NSW on behalf of staff originally transferred from the NSW Department of Family and Community Services (FACS), following a 2019 “restructure” of Northcott’s supported independent living services which, among other things, replaced Team Leader positions in group homes with Services Coordinators, slashing the pay of staff who elected to take up those roles.
The CPSU NSW always contended the work of Service Coordinators was the same or substantially similar to Team Leaders and as such, transferring FACS staff in those roles remained covered by copied State instruments, including the Community Living Award 2015 (CLA).
The Federal Court agreed declaring the CLA, the Public Service Conditions Award 2019 and the Public Sector Salaries Award 2017 all continued to cover transferring Team Leaders who had taken up Service Coordinator jobs during Northcott’s restructure.
The decision means those transferred staff revert to the more beneficial award terms, including an entitlement to back pay for any financial losses incurred as a result.
While the full implications of the Court’s decision are yet to be finalised, and we understand Northcott are considering their legal options, we expect to begin discussions with the company shortly.
We would like to take this opportunity to thank those staff who assisted the CPSU NSW with the case.
Click HERE for a copy of the decision or contact the CPSU NSW for further details on 1800 772 679 and ask to speak to a member of our disability services team.
The 3 December is the International Day of People with Disability, with this year’s theme being “not all disabilities are visible”.
The World Health Organisation estimates that 15 per cent of the world’s population, or more than 1 billion people, are living with disability. While most people (95.7%) with disability lived in households, 4.3% lived in cared-accommodation.
According to the Australian Bureau of Statistics 4.4 million people or 17.7% of the population live with a disability. While most people (95.7%) with a disability are living in households, 4.3% live in cared accommodation, such as Group Homes.
CPSUNSW/PSA members employed in Disability Services play an essential role in ensuring that the quality of life and care for people in lived in care accommodation, such as group homes, is at the upmost highest.
Please join the CPSUNSW by recognising the vital work that disability workers do by watching this clip HERE.
NAIDOC Week celebrations are held across Australia annually to celebrate the history, culture and achievements of Aboriginal and Torres Strait Islander peoples. NAIDOC is celebrated not only in Indigenous communities, but by Australians from all walks of life. The week is a great opportunity to participate in a range of activities and to support your local Aboriginal and Torres Strait Islander community.
If you are a transferred worker and identify as Aboriginal or Torres Strait Islander, you are entitled to a day off to participate in NAIDOC celebrations. The Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 (a copied State award) provides for the following leave arrangements
Special Leave
84.9 A staff member who identifies as an Indigenous Australian shall be granted up to one day special leave per year to enable the staff member to participate in the National Aborigines and Islander Day of Commemoration Celebrations. Leave can be taken at any time during NAIDOC week, or in the weeks leading up to and after NAIDOC week as negotiated between the supervisor and staff member.
If you are having difficulty accessing leave, or would like advice on any other workplace issue, please remember, the CPSU NSW is YOUR UNION and we are here to help. Contact your local delegate or the CPSU NSW Member Support Centre, for assistance – 1800 772 679 or via email .
The CPSU NSW has secured back pay for three disability workers transferred to Aruma from Family and Community Services.
The transferred staff were originally employed in casual roles with FACS and were made to reapply for jobs with Aruma at the conclusion of their employment guarantee period (being six months for temporary and casual staff).
In the process of re-engaging the transferred staff on new employment contracts, Aruma mistakenly applied their own enterprise agreement rather than the more beneficial Community Living Award 2015.
The CPSU NSW identified the error and wrote to all providers of transferred services in March 2019 alerting them to the mistake.
Despite our willingness to work with the providers to identify solutions, most have been hesitant to engage meaningfully in discussions with us.
In August we instructed our lawyers to act on behalf of the three affected staff who were owed thousands of dollars by their employer.
Earlier this week Aruma wrote to our lawyers to confirm the staff would receive back pay. We thank Aruma for its actions.
Do you a have claim, or know someone who does?
If you or your colleague was a casual or temporary employee transferred from FACS and re-employed by Aruma on new employment conditions, chances are you’ve got a legitimate claim for back pay.
Contact us on 1800 772 679 or via email at %20"> and we’ll get working on your matter.
Note: our services are only available to union members.
It has been three years since Home Care staff transferred to Australian Unity (AU), as the first of the ADHC services privatised by the government.
Last year, after two and a half years, AU started bargaining for a first Enterprise Agreement (EA) to replace the Home Care Award. It proposed to have one EA to cover administrative staff (CPSU NSW members) and carers (United Voice members). CPSU NSW members opposed this proposal and wanted a separate EA.
The CPSU NSW, on behalf of its members, lodged a Scope Order with Fair Work Australia for an EA to cover administrative staff only. After hearing arguments from both sides, CPSU NSW and AU, Fair Work Australia decided to grant the Scope Order. This means that members in the administrative side of Home Care will have a separate EA to that of care workers.
This is a big win for transferred staff in AU. This would not have happened without the assistance and support of members who put their trust in the union, and gave their time and input into the process.
Make your union stronger
It is more important than ever to be part of the union when bargaining starts with your current employer for a new Enterprise Agreement to replace your copied State Award. Be part of the collective and join the CPSU NSW by applying online at www.cpsunsw.org.au/join or ring 1800 772 679.
If you want representatives of the union to visit and attend team meetings of your group home or office, please ring 1800 772 679 or email
There are very clear provisions within the copied State award outlining an obligation for the CPSU NSW to be consulted when a team leader is to jointly manage two group homes.
Despite these very clear provisions in your conditions of employment, there were reports that HWNS proceeded to create team leaders across two group homes without consultation with the CPSU NSW.
As a result of these reports from members we have written to HWNS to notify that they have not adhered to the provisions in the copied State award. Consequently, we sought a list of where there are team leaders managing two group homes and for consultation to occur.
HWNS have committed to consulting with the CPSU NSW where they have changed team leaders to managing two group homes. The CPSU NSW and HWNS have arranged to meet following Easter to have ongoing discussions about the changes.
If you are in one of the group homes where a team leader is managing two units we would like get your feedback. If you could let the CPSU NSW know how these changes have affected your work, any potential risks, or any other issues that have arisen as a result. To provide this feedback you can either call 1800 772 679 (quote 116266) or email .
All in this together
The last year has seen enormous change in your sector. New employers, different policies and more uncertainty about how things will be in the future.
Together union members have a stronger voice and more say about what happens at work.
That’s why it’s important for everyone to join the union. If your work mates haven’t joined, have a chat with them about joining. They can 1800 772 679 or they have a look at our website and then join online.
As a transferred employee you would be aware that your employment and conditions of employment were supposedly guaranteed for a specific period; for permanent and full time staff it was 2 years and if you were temporary or casual six months. Whilst, this is partially true, the Fair Work Act 2009 (Cth) actually guarantees transferred employee’s conditions of employment, that is the copied State award for longer than two years, it is for up to five years, or until terminated.
Casual and temporary staff in many of the providers have seen their conditions changed from the copied State award, being placed on enterprise agreements or modern awards. It is the CPSU NSW position this is in breach of the Fair Work Act 2009 (Cth) as casual and temporary staff, though on contracts, are transferred employees, therefore are entitled to remain on the copied State award.
The CPSU NSW have recently written to all the providers who have placed casual and temporary transferred staff on conditions other than the copied State award, notifying them we believe they have breached the Fair Work Act 2009 (Cth). Seeing as they have breached the legislation they are to comply with the legislation and put the transferred casual and temporary staff back on to the copied State award. In doing that, they are to also back pay those staff.
It is possible this could have an impact broader than just casual and temporary staff. This could also apply to Part – time staff who have increased hours and been forced on to alternative conditions.
The CPSU NSW are waiting for the responses from your employers. We will keep members updated on the progress of this matter
If you are a transferred employee and would like to discuss this issue you can contact 1800 772 679 or .
