It is important over the Easter period that you all know when the gazetted public holidays so you know if you are getting paid correctly. The following days are public holidays over Easter:
Good Friday, 19 April 2019
Easter Saturday, 20 April 2019
Easter Sunday, 21 April 2019
Easter Monday, 22 April 2019
Anzac Day, 25 April 2019
It has come to the attention of CPSU NSW that HWNS had provided some incorrect information to some Team Leaders leaving off Good Saturday as a public holiday. We advised HWNS management and they agreed that the above are the correct Holidays they would ensure this was corrected.
Also over the break please be aware that if you are working a night shift which does not cross over to a public holiday that there specific ways you are to be paid for the time:
If the hours you work are less than a normal shift, that means if your full shift does not fall on the public holiday your rate of pay will be in accordance what the majority of your shift has been rostered for.
If the majority of your hours working a night shift are not on the public holiday you are to be regarded as not having worked the public holiday so are entitled to either:
be paid one day’s pay in addition to the weekly rate or, if you have elected to
have one day added to their period of recreation leave.
We urge you to check your pay over this period. If there are any issues please do not hesitate to contact the CPSU to seek guidance.
HWNS have notified the CPSU NSW that they have sought feedback from the staff in southern NSW who are trialing the use of the finger scanners. The results from the survey have been given to the CPSU.
There were 75 DSWs who responded to the survey out of those 75:
45 used the finger scanner frequently. Only three never used it.
34 experienced technical problems.
16 said they had personal concerns.
Out of the 16 who said they had personal concerns, 11 of those were in regards to privacy.
68 said they would continue to use the finger scanner
We want your feedback. You can provide this feedback about your experience with the finger scanners by either; phone on 1800 772 679, or by email at . The feedback should be provided by 6 March 2019.
On 28 November 2018, your delegates and industrial staff from the CPSU NSW met with HWNS to discuss collective member issues at the Joint Consultative Committee (JCC). This is an ongoing forum where the CPSU NSW industrial staff and delegates are able to consult with management on matters that are raised by members and are of mutual interest.
The CPSU NSW representatives in attendance: Anthony Hay, Thea Wall; Jessica Moore (official)
With the introduction of the NBN it means that the traditional landline will be going as the phone system will now be run through the internet rather than copper phone lines. Members had raised concerns regarding the lack of a home phone.
HWNS have advised it is doing what it can to alleviate any concerns. The CPSU NSW has advised there are concerns regarding Work Health and Safety with the removal of a landline.
If you have serious concerns about this removal, you need to lodge those concerns with HWNS, which has obligations under the Work Health and Safety Act to address those concerns.
A similar concern was raised with fax machines; there had been an idea floated there was possibly going to be a removal of fax machines. HWNS has advised this is not something it is looking to do just yet. If HWNS looks remove them it will consult with the union.
Leave approval
With the lack of staff there has been little ability for staff to take leave, particularly the team leaders. In some instances, leave has been requested months in advance and still declined as HWNS has been unable to back fill the role. HWNS has said it was really looking to address the issue through recruitment. For the team leaders, the suggestion was to allow for a shared calendar so they would know when other staff were taking time off. HWNS agreed this could be a good solution.
RITEQ – signing in
RITEQ is a new software system that HWNS is looking to introduce and is being trialled in areas of NSW, including Northern NSW. It will soon be trialled in Southern NSW. Part of this software system is the management of rosters, including the signing in and off. There will be several options of how to do this, including the use of a finger scanner.
The CPSU NSW received feedback from members on this issue, much of the concern regarded privacy and having this system in what is a residence, not just like every other worksite. HWNS has taken on board the concerns regarding privacy, which is why it is offering other alternatives to signing on for your shift. This means those who have concerns do not need to use the finger scanner to sign on.
The Northern NSW trial has seen some hiccups. Much of these have been to do with the accuracy of the system, which was communicated to HWNS by CPSU NSW delegates. We have asked for HWNS to provide details to CPSU NSW of the details of its review of the Northern NSW trial.
Recruitment
There high levels of vacancies and a high churn of the new recruits. HWNS has acknowledged it has not been able to keep up and it is trying to figure out ways to ensure they it is not undertaking reactive recruitment. The CPSU NSW is pleased to hear that and has urged this be high priority.
CPSU NSW delegates have reiterated what they are doing is not enough; staff are not able to take leave, there is large use of overtime and really it seems like the recruitment is not necessarily working and there needs to be some changes. An example was provided of an applicant who had been offered a role in an area they were unable to work due to childcare, yet was not offered any vacancies in an area where they could work.
Annual leave loading
It was put to HWNS when it would be paying staff who are owed annual leave loading. Remember it is possible when you took two weeks or more of annual leave this year you have been paid your annual leave loading already.
HWNS said last year it occurred on 1 December. It thought that this year should be no different. If in the first pay run in December, you have not received your annual leave loading please contact the CPSU NSW at .
Rostering principles
There has been feedback received by the CPSU NSW that there have been difficulties with the rostering principles being adhered to when there are staff in the group home who are no longer on the copied state award. HWNS has agreed where there are staff who are on the copied state award in the group home the copied state award applies and you are entitled to those provisions being followed!
HWNS keeps saying it is not aware of instances where this is happening. If you are in a group home where the rostering principles are not being followed, follow the procedures outlined in the rostering principles. This starts with advising the Team Leader how the rostering principles are not being followed. If you do not get a satisfactory response from the Team Leader, you can escalate the issue to the Coordinator of Area Respite, and then the Manager of Area Respite. If you would like assistance please contact the CPSU NSW at .
Training and career development
Unfortunately, we needed to raise the issue that there has been a lack of training. Members have continued to complain to the CPSU NSW that they have received minimal training; little wonder there has been a high turnover of staff. The CPSU NSW wants to ensure that the skilled transferred staff keep these skills and continue to gain more skills.
HWNS advised it has been working on mandatory training for staff that will be provided and has agreed to the CPSU NSW’s request for a copy of the list of the mandatory training. It has been emphasised for training to be provided in person, not just via Skype. This includes training on how to use the HWNS computer system. If you have any training suggestions that we can put to HWNS, please email them to.
End of the two-year guarantee
Rumours have been flying about what will be happening at the end of the two-year guarantee period. We have continually been asking HWNS to advise us of what its intentions are. It has maintained it is unsure of its intentions. It is beginning to determine how it would like to proceed and would meet with the CPSU NSW early next year to discuss further.
What we can tell you:
Your conditions will not immediately expire and you will be put on different conditions at the end of the two-year guarantee period.
To change your conditions, they need to initiate enterprise bargaining to create an enterprise agreement. This is a process, HWNS cannot just decide what conditions to put you on.
You cannot just have your employment terminated.
You will not immediately at the end of the two-year period have to reapply for your jobs.
HWNS will be looking to have an enterprise agreement that covers not just their NSW business but also Victoria and Queensland.
Know someone who isn’t a member?
A strong union means better outcomes for all members. Forward this bulletin to your colleagues and encourage your workmates to JOIN the CPSU NSW today.
Having your union and its collective strength behind you in the workplace is the only way to make sure you get fair outcomes for everyone.
Your Disability Sector union, the CPSU NSW, was made aware of correspondence that was sent to the team leaders in which they stated:
“This includes adjusting service rosters to reflect the needs and movements of customers. As such, Team Leaders who previously worked through the day when customers were not at home cannot continue this rostering practice as these shifts are non-billable against customer funding.”
This concerned the CPSU NSW, as this was not what was agreed upon. As communicated in our most recent bulletin it was agreed Team Leaders would roster according to the requirements of the group home, and for the House With No Steps group homes it means according to the clients’ requirements.
The CPSU NSW spoke with HWNS on Monday 5 November 2018 regarding this direction as it appeared that HWNS was directing Team Leaders to not work during the day at all. It has since been clarified with HWNS and it means that hands-on shifts need to be rostered when the clients are there. The CPSU NSW has requested this be clarified with staff.
However, the CPSU NSW strongly urges Team Leaders to please continue to roster according to the needs of the group home. You do not need to do penalty shifts unless there is a requirement for you to do that and you are able to work during the day when the clients are not there, this would be admin shifts, as we are sure is already being done.
As stated already, if in submitting your roster to your Manager you experience any difficulties regarding what you believe to be the operational requirements of your group home please contact the CPSU NSW for assistance on either 1800 772 679 or .
Know someone who isn’t a member?
A strong union means better outcomes for all members. Forward this bulletin to your colleagues and encourage your workmates to JOIN the CPSU NSW today.
Having your union and its collective strength behind you in the workplace is the only way to make sure you get fair outcomes for everyone.
HWNS and the CPSU NSW discussed the issue on 25 October 2018.
In resolving the direction by HWNS for Team Leaders to undertake prescribed shifts, the CPSU NSW was successful in enforcing the provisions of the Copied State Award. Shift penalties undertaken by the Team Leader do not need to be the exact same as those in clause 3(ii) of the copied state award. The shifts a Team Leader does will be in accordance with the needs of the group home.
Team Leaders this means the direction that was provided in our previous bulletin HERE, remains the same. You roster according to the operational requirements of the group home. If it requires, you as the team leader to undertake penalty shifts you roster those penalty shifts. However, if it does not, you do not need to do the penalty shifts.
If, in undertaking your rostering in accordance with the operational requirements, you receive any pressure from your managers please contact the CPSU NSW immediately on 1800 772 679 or and we will assist you.
Know someone who isn’t a member?
A strong union means better outcomes for all members. Forward this bulletin to your colleagues and encourage your workmates to JOIN the CPSU NSW today.
Having your union and its collective strength behind you in the workplace is the only way to make sure you get fair outcomes.
Following up from the bulletin on 5 October 2018 found HERE, the CPSU NSW and HWNS have made time on 25 October 2018 to discuss clause 3(ii) of the copied state award.
What does this mean for Team Leaders now with their roster?
As we are in dispute, as per the copied state award, the status quo is to remain.
That means, that the employer is not to implement what is in dispute.
That means Team Leaders can roster according to the operational needs of their unit.
If you receive any pressure from management to work a prescribed number of shifts, including threats of disciplinary action, please advise the CPSU NSW immediately and we will address this with HWNS.
Know someone who isn’t a member?
A strong union means better outcomes for all members. Forward this bulletin to your colleagues and encourage your workmates to JOIN the CPSU NSW today.
Having your union and its collective strength behind you in the workplace is the only way to make sure you get fair outcomes.
As many of you would be aware, the CPSU NSW sent out a bulletin regarding Team Leaders being forced to work penalty shifts as HWNS believe this is in accordance with clause 3(ii) of the copied state award.
A meeting was to occur between HWNS and the CPSU NSW on 26 September 2018. This meeting did not proceed due to unforeseen circumstances.
HWNS have provided the CPSU NSW with a written response advising that they had consulted with staff. This response did not address our concerns.
The CPSU NSW has responded to HWNS advising that the issue is interpretation of the clause, not on consultation.
The CPSU NSW have maintained that HWNS have incorrectly interpreted the clause and it does not allow for the employer to direct the Team Leader to do a prescribed number and configuration of shifts.
The CPSU has notified HWNS that we are formally under dispute under the copied state award and therefore, as was already agreed, there should be no disciplinary action or threat of disciplinary action until we resolve the matter.
To resolve the matter, the CPSU NSW have welcomed another meeting to resolve the matter.
Your Union recently met with management of Life Without Barriers (LWB) for our first ever Joint Consultative Committee (JCC).
The following matters were discussed:
Casual staff
LWB advised it has a business-wide goal to reduce the use of casual staff by providing ongoing casual contracts.
The process would be managed centrally by LWB and it would involve an SMS being sent to ongoing casuals to offer them permanent contracts.
Their goal is to have 15 per cent use of casuals by June 2019.
Leave accrual
Unfortunately, there has been a mistake made in the accrual of extended leave entitlements for transferred staff.
LWB has said it will would be advising affected staff by letter.
The CPSU NSW is concerned staff would not be provided details of the overpayment.
LWB has confirmed that the letter being sent to each staff member affected would outline details of the error including: the leave before and after the mistake is rectified along with a timeline as to how the issue occurred and when it was intending to resolve the mistake.
Team leaders were also going to be talking to staff.
If you have any questions about this, please do not hesitate to contact the CPSU NSW on 1800 772 679 and quote call number 107940.
Medical procedures
Members had raised with the CPSU NSW concerns about medical procedures that DSWs were supposed to undertake in their role.
Prior to the transfer there was a medical procedures policy developed by FACS in consultation with the union which can be viewed HERE.
The CPSU NSW put to LWB that this is the detailed procedure we believe that staff should be following as we have serious concerns regarding client well-being and also DSWs, particularly in relation to insurance.
LWB has committed to developing a working party with the CPSU to develop a medical procedure.
We recommend members do not undertake procedures that are outside this policy until further notice.
If any members are interested in being part of the working party, please contact the CPSU NSW on 1800 772 679.
The CPSU NSW has raised the issue of team leaders in Southern NSW are being told they are to do a certain number of penalty shifts and they are to be on prescribed days. According to HWNS this request is in accordance with clause 3(ii) of the copied state Award which states:
The rates of pay on Part B for the Team Leader One Unit are inclusive of three afternoon, two evening and one weekend penalty shift every
28 day roster period. The Team leader will not be required to work this precise configuration of penalty and weekend shifts in any 28 day period. The actual work requirements will be determined by operational need.
The CPSU NSW is opposed to HWNS interpretation and has entered into discussions about whether team leaders can be forced to work these penalty shifts.
Pending these discussions, the CPSU NSW put forward that the threatened disciplinary action against team leaders be removed. Thankfully, through the representation of the CPSU, HWNS have seen the light on the threat of disciplinary action and has assured the CPSU the CARs and MARs will be told to retract this threat of disciplinary action until the matter is resolved.
We now NEED your INPUT! The CPSU NSW will be meeting with HWNS within the next couple of weeks. We need to know if these shifts are operationally required! If you could email the follow information by COB 18 September 2018 to :
Your group home
Why you believe these prescribed penalty shifts are not operationally required
What you believe is required and how that can be met on your roster.
HWNS has notified the CPSU NSW it wishes to establish a work health and safety (WHS) structure through the election of Health and Safety Representatives (HSR). The CPSU NSW requested consultation regarding this structure.
HWNS provided a draft proposal on 26 June 2018 seeking feedback.
As you may know, a HSR is to represent workers in their work group on WHS issues. This includes the monitoring of health and safety actions by the employer and investigating complaints from workers.
HSR election:
The WHS Act requires the democratic election of the HSR.
Once work groups are established and the number of HSRs for each work group is agreed upon, there is a call for nominations for those HSR positions.
A worker/s from each work group need to nominate for HSR position/s and then each workgroup votes to elect their HSR/s.
What is a work group and how is it established?
A work group is an area/group of workers that the HSR/s will represent.
Work groups are determined in consultation with the employer and the workers or worker’s representatives.
The work groups can be determined in a variety of ways such as by position, by geographical area, by department. It is intended to be what works best for the workers.
HWNS has proposed that the work groups are to be based on the geographical region which the MAR covers. This means 1 HSR per MAR.
How will this look:
Sydney Metro Region – 3 HSRs
Northern NSW Region – 3 HSRs
Southern NSW Region – 4 HSRs
We want to ensure that the structure of the HSR workplace group will function for our members. The CPSU is concerned there will not be enough HSRs per region and as such the HSR will not be able to adequately cover the number of worksites or workers.
As we are representing your interests we would like your feedback on this proposal. Please provide this feedback by COB 23 July 2018 either by calling 1800 772 679 or emailing .
It has come to the attention of the CPSU NSW that annual leave loading has not been paid by HWNS when members were taking 10 or more days of annual leave. The CPSU NSW raised this with HWNS advising them that subclause 78.6.1 of the Crown Employees (Public Service Conditions of Employment) Award 2009 requires HWNS to pay leave loading prior to the end of the year if two weeks or more annual leave is taken.
HWNS have since the representation made by the CPSU NSW agreed they are required to pay the annual leave loading in such instances. However, they will have to make the payments manually as their system only allows them to pay it at the end of the year.
They have committed to making the annual leave loading payments manually for any CPSU NSW member who takes more than two weeks’ annual leave prior to the end of the year and wishes to have their annual leave loading paid.
If you are member who has taken two or more weeks annual leave this year and have not had your annual leave loading paid and would like to have it paid prior to the end of the year, the CPSU NSW will make contact with HWNS on your behalf. Please contact and quote call number 105349 in the subject of the email.
The CPSU NSW and HWNS have been in continuing discussions around the roster changes in the Southern NSW Region.
Following these discussions HWNS has provided the CPSU NSW with a summary of the changes to the rosters and will continue to consult on the rosters and make changes where necessary.
The CPSU NSW would like to meet with members to discuss these changes and get your feedback and will be attending team meetings in affected group homes.
In addition to that, a workplace group meeting will be held at 4″00pm,on 20 July 2018 at the Berkeley Sports Club, Robert Jenkins Room. We would love to see you there.
The type of feedback we are seeking:
Impacts on the service delivery to the client.
If there is concern about client to staff ratio.
If there are any Work Health and Safety Concerns.
If there is a loss of 10 hour shifts.
Have you raised any concerns with your TL/CAR/MAR and feel you have not had an adequate response.
If you cannot attend Friday 20 July 2018 you can always email your feedback to .
