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 proudly represented workers in disability service for decades.
Our record of achievement speaks for itself: our members enjoy the most competitive employment conditions in the country.
That’s because, as the largest union in the sector, we have the resources to provide high-quality member services and the capacity to fight for your rights at work.
To be clear, we cover employees performing work in social, community and disability services in NSW. This includes new employees and anyone performing work transferred from Ageing, Disability and Home Care (ADHC).
Whether you work in a group home, a respite facility or other disability service – we’ve got you covered!
The CPSU NSW is, and will always be, the union for disability workers in NSW.
MEETING DETAILS
The CPSU NSW will be holding two Zoom meetings for all disability workers employed in the Hunter region on Wednesday 22 July 2020. You have the choice between:
We want to hear from you; this is your time to discuss your workplace issues amongst your colleagues and Union. As well as hear what your Union, the CPSU NSW has been doing.
The Hunter Workplace Group is meeting on 4 March 2020 at 4:30pm at Hunter Workers in the Hunter Room on level 2.
This will be the first meeting post-HVDS transfer of business to the consortium members.
We want to hear from you. This is your time to discuss your workplace issues amongst your colleagues and union, as well as hear what your union, the CPSU NSW has been doing.
What can you do?
Come along, and encourage other to come on the 4 March 2020 at 4:30pm at Hunter Workers
Talk to your workmates about what is happening
Contact the CPSU NSW Member Support Centre on 1800 772 679 to organise a members’ meeting
The CPSU NSW (PSA) has proudly represented workers in the social, community and disability service sectors for decades.
Our record of achievement speaks for itself: our members enjoy the most competitive employment conditions in the country.
That’s because, as the largest trade union in the sector, we have the resources to provide high quality member services and the capacity to fight for your rights at work.
We have recently learnt the Hunter Valley Disability Services has invited the Australian Services Union (ASU) to attend Group Homes and address staff on the Social, Community, Home Care and Disability Award (SCHADS).
In light of this, we wanted to assure you that the CPSU NSW is, and will always be, the union for disability workers in NSW.
Our ability to deliver strong outcomes for disability workers depends on our collective strength. As the largest union in the sector we’re determined to maintain it and determined to win.
We understand attendance at the ASU sessions are voluntary.
For further information, contact Jessica Moore, CPSU NSW Industrial Officer, on 1800 772 679 or by email .
Ask your colleagues to stand with you by joining the CPSU NSW today. They can JOIN ONLINE at cpsunsw.org.au/join.
HVDS has recently written to all staff providing details of the Transfer of Business from HVDS to Ability Options, Connect Ability and Finding Yellow (the HVDS consortium partners).
Key dates
The key dates for the Transfer of Business are set out on pages 1-2 of the HVDS correspondence found HERE and HERE and include the following:
18 November 2019 ‘Additional communications defining timetable for scheduled transfer of operations and employment reflecting discussions from consultation period will be distributed to staff’.
25 November 2019 ‘Consultation period concludes’.
28 January 2020 ‘Final day of staff employment with HVDS’.
Members are encouraged to review the HVDS documentation carefully and to consider any questions or feedback which you can lodge in one of the following ways:
Directly by emailing HVDS at "> during the consultation period ending 25 November 2019.
Contacting your union delegates or officials or through the Member Support Centre on telephone 1800 772 679 or by email to "> and quote our reference number CN122927.
CPSU NSW delegates will be attending a number of upcoming Team Meetings and this is a further opportunity to discuss your concerns or raise any questions regarding the Transfer of Business.
At the next Hunter Valley Disability Services Workplace Group meeting scheduled for Wednesday 13 November 2019 at 4.30p.m. at the Hunter Unions Building (406-408 King Street, Newcastle West).
Copied State Awards and your ongoing employment conditions
Member will recall previous CPSU NSW updates including the last Bulletin found HERE where we explained that pay and conditions of employment for employees who transferred from ADHC will continue to be covered by the copied State awards for a period of up to five years (December 2022) or until an enterprise agreement is negotiated with your new employers.
As we have previously advised members, that although your employer will change, your pay and conditions will stay the same for up to five years from the date of transfer from ADHC.
The only way that your pay and conditions will change is if you, the CPSU NSW and your new individual employer (either Ability Options, ConnectAbility and Finding Yellow) agree.
Should an enterprise agreement be negotiated in the time between 1 December 2019 and the five-year anniversary of transfer from ADHC, you will have the opportunity to vote on whether you agree with what is proposed. If you are a union member, the CPSU NSW will work with you and negotiate for you.
HVDS JCC meeting and Transfer of Business working party meeting
Your union officials and delegates will be meeting with HVDS on Thursday 14 November 2019 at Warabrook for the Joint Consultative Committee meeting and also for a working party meeting to discuss the Transfer of Business. Please contact your CPSU NSW delegates if you would like us to raise any matters or concerns on your behalf when we meet with HVDS.
For further information, contact Dean Allen, CPSU NSW Industrial Officer, on 1800 772 679 or by email ">.
What can I do in the meantime?
You can support the work of the CPSU NSW by asking your colleagues to JOIN their union.
Having your union and its collective strength behind you in the workplace is the only way to make sure you get fair outcomes.
HVDS wrote to all staff last week advising it will make a detailed announcement this week about its plans to transfer its disability services business to its individual consortium partners (Ability Options, ConnectAbility and Finding Yellow). The pending HVDS announcement will include the opportunity for you to provide feedback and concerns over a period of several weeks.
The CPSU NSW recently reported to members regarding the demerger of the HVDS consortium (refer to our Bulletin dated 2 October 2019 found HERE). We advised that the HVDS Board was at that time considering information relating to the transfer of the HVDS business to its consortium partners.
HVDS recently provided the CPSU NSW with various particulars of the transfer of business and we have provided preliminary feedback to HVDS this week.
When HVDS provides full details of the transfer of business process to all staff this week, the CPSU NSW encourages all members to carefully review the information and provide written feedback to both their employer and union.
We will collate your written feedback in order to raise your concerns with HVDS and we will provide you with further updates as soon as we receive any new information from HVDS.
The HVDS email to all-staff dated 17 October 2019 confirmed that the transfer of business will ‘continue to protect the terms and conditions of staff’’.
Guarantee of employment conditions
As we have previously advised members, although your employer will change, your pay and conditions will stay the same for up to five years from the date of transfer.
The only way that your pay and conditions will change is if you, the CPSU NSW and your new employer (either Ability Options, ConnectAbility or Finding Yellow) agree.
Should an enterprise agreement be negotiated in the time between 1 December 2019 and the five-year anniversary of transfer from FACS, you will have the opportunity to vote on whether you agree with what is proposed. If you are a union member, the CPSU NSW will work with you and negotiate for you.
HVDS advised the CPSU NSW that its formal announcement to staff this week will provide particulars of the timeframes for the transfer of business process including when it will all be completed.
Work Health Safety Committee and Health and Safety Representatives
One consequence of the transfer of business is that the Health and Safety Committee arrangements and the election of Health and Safety Representatives will need to be renegotiated directly with each of the consortium partners. The CPSU has therefore written directly to each HVDS consortium partner and requested consultation both in relation to future Joint Consultative Committee arrangements and also in relation to Work Health Safety consultation arrangements. Each of the new employers have mandatory obligations to consult in accordance with your awards and the NSW work health and safety legislation.
Members are encouraged to consider nominating as Health and Safety Representatives (HSR’s) and as CPSU NSW delegates with your future employers – one of the 3 HVDS consortium partners. Relevant information about the process of nominating as a HSR can be found HERE.
If you would like a CPSU NSW representative to attend your team meeting, please contact the Member Support Centre on 1800 772 679 or and quote our reference number CN122927 and provide details of the date and time of your meeting.
For further information, contact Dean Allen, CPSU NSW Industrial Officer, on 1800 772 679 or by email ">.
What can I do in the meantime?
You can support the work of the CPSU NSW by asking your colleagues to JOIN their union.
Having your union and its collective strength behind you in the workplace is the only way to make sure you get fair outcomes.
CPSU NSW has commenced enforcement proceedings against Hunter Valley Disability Services (HVDS) and Mid North Coast Disability Services (MNCDS) in the Federal Circuit Court (FCC) of Australia.
The proceedings are for breaches of Clause 65.1 of the Crown Employees (Public Service Conditions of Employment) Award 2009 since 6 April 2018.
The FCC enforcement application relates to multiple employment policies implemented by HVDS and MNCDS affecting our members. In particular, it is because those policies were introduced by HVDS and MNCDS without having an effective means of consultation with the CPSU NSW prior to each of the policies being brought into existence and effect.
The CPSU NSW has retained its lawyers and a barrister to prosecute the application against HVDS and MNCDS. The matter has been listed for a first court date on Friday 6 September 2019 at Sydney for a Judge to make:
Full directions for the progress of the case to a final hearing;
A date for the final hearing, usually given within six months of the first court date;
Any orders for alternate dispute resolution.
We will keep members up to date by way of further bulletins as the matter proceeds.
Hunter Valley Disability Services (HVDS) have agreed to reinstate higher pay rates for transferred casual disability service workers, following intervention from the CPSU NSW.
In April 2019 we wrote to HVDS to advise them that transferred casual and temporary staff from the NSW public sector were protected by their ‘copied State awards’ (found HERE) and could not have pay and conditions arbitrarily cut by their new employer. Click HERE for a copy of our May 2019 bulletin.
HVDS have now responded to our letter and advised that casual employees were transferred to less favourable Award conditions ‘in error’. HVDS/MNCDS now propose to do the following:
‘Reinstate the application of the relevant copied State awards following consultation with the employees affected’.
‘Back pay employees affected where their remuneration would have been higher under the relevant copied State awards’.
‘Write to affected employees … to advise them … and to outline a timeline for reversion to the copied State award for the payment of back pay’.
We have contacted HVDS to welcome the development and will continue to seek further updates including at the next Joint Consultative Committee meeting to be held on 11 July 2019.
What this means for you?
If you’re a transferred casual or temporary employee in disability services your employment conditions will, where applicable, revert back to the terms of your copied State awards.
While the precise detail is yet to be finalised, it’s likely to mean and hourly increase in base pay of between $3 – $5.50 per hour, depending on your grade.
What do you need to do?
If you’re a transferred casual or temporary employee, ask your employer what’s happening with your pay and conditions. And make sure you stay in touch with the CPSU NSW.
a) Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 – See HERE and HERE.
b) Crown Employees (Administrative and Clerical Officers – Salaries) Award 2007 – See HERE.
c) Crown Employees (Public Sector – Salaries 2017) Award – See HERE.
d) Crown Employees Ageing, Disability and Homecare – NSW Department of Family and Community Services (Community Living Award) 2015 – See HERE and HERE.
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
On Thursday 9 May 2019, your delegates and industrial staff from the CPSU NSW met with Hunter Valley Disability Services (‘HVDS’) to discuss collective member issues at the Joint Consultative Committee (‘JCC’) meeting which was held at Warabrook.
Attendees
CPSU NSW representatives and delegates: Dean Allen, CPSU NSW Industrial Officer, Gino Di Candillo, CPSU NSW Organiser, Rachel Smoothy, Kate McGrath and Gavin Dimery (CPSU NSW delegates).
Management representatives: Luke Hughes (HVDS Governance and Transition Manager), Brenda Gledhill (Manager A&R) Julie Melehan (Manager A&R), Karen Ansen (PerformHR) and Sarah Ongley (HVDS Project Coordinator).
Issues discussed included in part:
Demerger of HVDS
As members would be aware HVDS has been undertaking what it calls a ‘devolution’ of the business conducted by the HVDS consortium to each of its partner entities.
Regardless of the name used by HVDS this is a major restructure of the business consortium and therefore the CPSU NSW requested consultation with management in accordance with your copied State Award. This occurred when Julia Squire, HVDS Board Chair addressed the HVDS JCC meeting on 1 August 2018 to announce the transfer of disability services from HVDS to the individual consortium partners.
Unfortunately, although HVDS has made occasional assurances that it would properly consult with the CPSU NSW, there has been very little information provided to the CPSU NSW including the May 2019 JCC update that there is ‘nothing substantial’ to report.
HVDS also claims that there is ‘no confirmed timetable for transition’ which defies belief given that the 2-year anniversary of privatisation is in approximately 6 months’ time.
Putting this into context, members will recall that the individual partners of the HVDS consortium were unable to successfully tender for the Hunter disability services in their own right. This raises the question whether HVDS may now be manoeuvring to avoid its contractual obligations with the NSW state government and in accordance with the guarantee of your employment conditions enshrined in the NDIS (NSW Enabling) Act 2013.
The CPSU NSW is monitoring the situation and so if members have any concerns regarding changes to your conditions of employment as a result of the demerger/divorce of the business partnership of Finding Yellow, Ability Options or ConnectAbility please contact either your CPSU NSW delegates or industrial staff.
Ongoing Tickit difficulties
The CPSU NSW has raised member concerns regarding the unreliability of the Tickit system since the first HVDS JCC meeting held in April 2018.
Unfortunately, there have been ongoing failures of the Tickit reporting system even though HVDS recently made assurances regarding claimed improvements to the Tickit system.
At the latest JCC, the CPSU NSW detailed member feedback including HVDS inaction relating to outstanding Tickit items. In one instance a Tickit item had not been actioned after many weeks and therefore the member submitted 2 further reminder Tickit requests and had still not received a response or resolution of the issue as at the date of the JCC meeting on 9 May 2019.
HVDS representatives asserted that this was the first that they had heard of the issue and indicated that in such circumstances the outstanding matter could be addressed by sending a separate email to either your Team Leader or directly to Luke Hughes, Transition and Governance Manager.
In those circumstances, if members have any outstanding or unresolved Tickit items then the CPSU NSW encourages you to write to Luke Hughes or your Team Leader and if the item remains outstanding it is important that you continue to provide us with any issues with the reporting system.
Work Health and Safety (‘WHS’)
The CPSU NSW has previously raised WHS concerns with management throughout 2018 including in relation to substantial WHS breaches by HVDS regarding the work environment and facilities at Warabrook.
In December 2018 the CPSU NSW raised concerns regarding your rights to request Health and Safety Representatives (HSR) in the workplace in accordance with section 50 of the Work Health and Safety Act 2011.
In February 2019, HVDS provided the CPSU NSW with a written proposal under consideration by the HVDS Board for the establishment of a Health and Safety Committee (HSC) including a call for nominations of HSC representatives (which is a different process from the election of HSR’s).
The CPSU NSW then requested consultation and further particulars of the proposed HSC arrangements including a copy of the so-called ‘HVDS WHS Committee Charter’ dated 23 January 2019. The CPSU NSW then submitted detailed feedback to HVDS over 2 months ago regarding the proposal to form a Health and Safety Committee.
Unfortunately, despite assurances from HVDS at the March 2019 JCC that it would respond to the CPSU NSW feedback in a ‘week or so’ HVDS has still not provided a written response and have clearly been delaying the WHS consultation process for the past 5 months.
In fact, HVDS recently asserted to the CPSU NSW that its WHS obligations as a NSW employer are reduced due to NDIS funding constraints.
The CPSU NSW strongly contended that HVDS is mistaken in its flawed interpretation of its WHS obligations as a NSW employer. The CPSU NSW continues to strongly advocate in relation to the work health and safety of our members and we have reiterated our requests for HVDS to urgently comply with its mandatory WHS obligations as every other NSW employer is required to do.
HVDS recently incorrectly reported to staff in the April 2019 Team Bulletin that ‘consultations on the implementation of the Health and Safety Committee are nearing completion’. That is news to the CPSU NSW given that we have yet to sight a response to our detailed written feedback sent several months ago.
In any event, members recently contacted SafeWork NSW in order to request negotiations for the separate establishment of WHS Work Groups and the election of HSR’s. This led to intervention by a SafeWork NSW Principal Inspector who then issued a written report to HVDS with strict legal requirements for HVDS to undertake negotiations with CPSU NSW members and your union and to fulfil its legal WHS obligations.
The CPSU NSW reiterated WHS concerns at the latest JCC and HVDS advised that they were ‘pleased’ to have the involvement of SafeWork NSW which must be a first for a NSW employer to be grateful to have the NSW work health safety regulator and prosecution agency intervening in its affairs due to its ongoing WHS failures and delays towards our members and HVDS clients.
The CPSU NSW urges all members to consider nominating for HSR positions and disregard the HVDS claim that previous experience or training is required. The NSW Work Health and Safety legislation clearly states otherwise. The CPSU NSW runs a 5-day accredited training course for members and HVDS are obliged by your Award conditions to release staff from duty on paid leave for HSR training.
If you have any WHS concerns in the meantime, you should raise those immediately with management and if the matter remains unresolved then you may also wish to contact SafeWork NSW on telephone 13 10 50 in order to report your concerns and request further assistance.
Bullying and harassment
The CPSU has become aware of a number of instances of bullying and harassment of our members and we expressed concerns to the JCC including that some members were reluctant to provide feedback or report particular industrial concerns due to fear of intimidation or recriminations by HVDS management.
HVDS then stooped to a new low by declaring that those members lacked ‘fortitude’ although then purported to withdraw the comment. The CPSU NSW strongly objected to the characterisation.
Members are reminded that if you have any concerns regarding bullying or harassment in the HVDS workplace that you should lodge a grievance, incident report or a written complaint with management and or discuss the matter with your CPSU NSW delegates or industrial staff. If your concerns are still not resolved by management for example due to the ongoing Tickit system failings or the lack of both a Health and Safety Committee and elected Health and Safety Representatives (HSR’s) you might also wish to contact SafeWork NSW on telephone 13 10 50 in order to report your concerns and request further assistance.
Cluster meeting follow up
The CPSU NSW recently wrote to HVDS regarding member concerns as to the inappropriate tone and content of an email from HVDS management to a number of our members regarding the NDIS.
Sadly, HVDS responded to the JCC meeting that they ‘do not resile’ from some of the comments. The CPSU NSW has requested a formal written response and will update members once we have further information.
Casual staff employed on the Social Community Home Care and Disability Services Industry Award (‘SCHADS’).
The CPSU NSW has recently written to HVDS regarding circumstances where some of our members and eligible members have been placed on inferior employment conditions other than your copied State Awards. HVDS advised that it will provide a response to the CPSU NSW by 7 June 2019.
Next JCC meeting
The next JCC meeting for HVDS is scheduled for Thursday 11 July 2019. If you wish to have any collective industrial issues raised by the CPSU NSW, please forward details to your delegate or by writing to
What can I do in the meantime?
You can support the work of the PSA/CPSU NSW by asking your colleagues to JOIN their union.
Having your union and its collective strength behind you in the workplace is the only way to make sure you get fair outcomes.
HVDS Survey Monkey about WHS work groups…what does it mean?
A number of HVDS workers lodged a written request with HVDS for the election of Health & Safety Representatives (HSRs) to represent all HVDS workers on WHS issues.
HVDS must comply with the workers’ request, so you should have received an email from HVDS with a link to a survey monkey.
The purpose of this survey is for HVDS to negotiate the work groups that the HSRs will represent. HVDS also needs to negotiate with workers on the number of HSRs they have for each work group.
HVDS has proposed a work group structure in Question 1 of the survey.
As workers, we urge you to think about what work groups you would like in your workplace, to best represent you on WHS matters. If you want something different to HVDS’ proposal, let them know in the comments section of Q1.
Some questions in the survey are not necessarily relevant to the HSR process. If you are unsure or uncomfortable answering a question, you may choose the “prefer not to say” option.
If you have any questions, please speak with your Union delegate.
What is a HSR?
A HSR is a worker who represents their work group on health & safety matters.
A HSR can gather and report information on health and safety issues for their work group.
They can work out ways to resolve issues in consultation with HVDS management representatives.
A HSR is elected by their work group, not appointed by management.
What is a work group?
A work group usually consists of workers who perform similar types of work and have similar health and safety conditions within the workplace.
Some points to consider when thinking about work groups and HSR numbers to represent you and your work:
the type of work you do – Admin/office based/support worker in group home
