Fair Work Commission consultation dispute regarding HVDS policies and procedures
Hunter Workplace Group AGM
CPSU NSW – delegates, organiser and industrial staff
On Thursday 28 March 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.
The JCC is an ongoing consultative committee where CPSU NSW industrial staff and delegates are able to consult with management on workplace matters of mutual interest in accordance with very clearly defined principles in your copied State Awards.
Attendees
CPSU NSW representatives and delegates: Dean Allen, CPSU NSW Industrial Officer (by teleconference), 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:
First Aid certificates
The CPSU has secured a commitment from HVDS to provide First Aid training for frontline staff during work time. Training sessions will be held periodically throughout the year.
Tickit
CPSU has received member concerns about the reliability of the Tickit system and therefore raised those issues at the JCC. HVDS provided an overview surrounding the actions that HVDS has recently undertaken to remedy recent problems with responding to Tickit enquiries. It is important that you continue to provide us with any issues with the reporting system. This will enable us to raise these with HVDS to ensure that you continue to be able to meet all reporting obligations as well have having access to the system that allows you to raise concerns or log requests for system improvements.
Health and Safety Committee
The CPSU NSW previously raised member concerns at the JCC meeting held on 13 December 2018 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.
CPSU NSW is working with HVDS to form a Health and Safety Committee. The CPSU NSW will be asking members to nominate for HSR positions and no previous experience or training is necessary. All interested members are encouraged to nominate. If there are more nominees than positions an election will be held in order to fill the positions.
Members are advised that the CPSU NSW runs a 5-day training course for members to become an accredited HSR.
Next JCC meeting
The next JCC meeting for HVDS is scheduled for Thursday 9 May 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
Further information:
Employment guarantee
CPSU NSW would like to confirm that in addition to the two-year employment guarantee, staff will continue to be employed under the copied state instruments until such time as a new Enterprise Agreement between employees and HVDS is negotiated or for a period of up to five years ending on 1 December 2022
Your conditions of employment are guaranteed for two years and up to five years in accordance with the National Disability Insurance Scheme (NSW Enabling) Act 2013 and anything otherwise would constitute a breach of that legislation and the contractual obligations of the HVDS consortium entered into with the NSW State Government. Should that arise the CPSU NSW will pursue legal options.
Should an enterprise agreement be negotiated at some stage up to December 2022, 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 with you.
Fair Work Commission consultation dispute regarding HVDS employment policies and procedures
The CPSU NSW has previously reported to members on the failure of HVDS to consult in relation to a dozen employment policies and procedures. This led to the union serving a dispute notification and filing a dispute with the Fair Work Commission. The CPSU NSW has recently discontinued those proceedings as we will shortly be commencing further legal action against HVDS. Further updates will be provided in the near future.
Hunter Workplace Group AGM
On 6 February 2019 your Workplace Group held its Annual General Meeting, the following positions were filled – Chair – R Smoothy; Vice Chair – K McGrath; Secretary – E Turpin; Vice Secretary – G Dimery; Women’s Officer – S Bathgate; delegates, E Adams, D Holt, and N Howlett. Congratulations to all of our elected CPSU NSW delegates.
CPSU NSW – delegates, organiser and industrial staff
CPSU staff and delegates are all working behind the scenes to ensure that your working conditions are being upheld and maintained.
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.
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.
Devolution of disability services to individual consortium partners
Consultation
(i) JCC Terms of Reference
(ii) Mandatory Award obligations including Clause 65 of the Award and the 1997 Consultative Arrangements
(iii) On-call arrangements
(iv) Reporting lines
(v) Outstanding correspondence/ failure to consult
HVDS/MNCDS casual transition process
Work Health Safety and Warabrook
Fair Work Commission – application for name change
Leave without pay – Extended leave calculation
Next JCC meeting
On Wednesday 1 August 2018, your delegates and industrial staff from the CPSU NSW/PSA met with Hunter Valley Disability Services (HVDS) to discuss collective member issues at the third Joint Consultative Committee (JCC) meeting which was held at Warabrook.
As before, many of the issues discussed also relate to our members from Mid North Coast Disability Services (MNCDS) given that Ability Options is also partner in that consortium.
The JCC is an ongoing consultative committee where CPSU NSW industrial staff and delegates are able to consult with management on workplace matters of mutual interest in accordance very clearly defined principles in your copied State Awards.
Attendees
CPSU NSW representatives and delegates: Dean Allen, PSA/CPSU NSW Industrial Officer; Gino Di Candilo, PSA/CPSU NSW Organiser; Rachel Smoothy and Kate McGrath (delegates).
Management representatives: Julia Squire, Chair, HVDS; Adele Cashion; Naomi McCorkell; Brenda Gledhill; Julie Melehan; and Rebecca Collins
Issues discussed included:
1. Update regarding payroll and payslip issues
The CPSU requested an update regarding member concerns involving serious underpayment, overpayment and payslip omissions by HVDS and MNCDS. HVDS advised that an internal project team has been working to resolve the issues and that this has led to the first successful pay period in July 2018 in which the earlier payment and record keeping errors appear to have been resolved. HVDS advised that this has been detailed in a recent staff bulletin and claimed that there has been a decline in the number of these issues being reported.
The CPSU NSW restated outstanding member concerns including those relating to overpayments, the unclear consequences for income taxation returns, repayment arrangements and further payslip leave balance omissions relating to public holiday leave accrual.
Additionally, the CPSU NSW requested priority attention to any unresolved payslip, underpayment and overpayment issues by HVDS/MNCDS. The CPSU NSW suggested management should organise additional staff resources and a more intensive systematic approach for all employees affected by the improper underpayment, overpayment and payslip detail issues particularly given the difficulty experienced by some members to keep track of underpayments, leave balances and the adverse impact experienced by some members in relation to periodic bank or loan debits.
The JCC was advised by management that a thorough resolution process would be put in place including a timeframe and that each payroll since transfer from FACS (eight and 11 months ago) would be rerun in order to generate a new payslip which should assist members to identify any payslip discrepancies. Management was unable to provide an estimate of a timeframe for this process although indicated that it would be given priority attention.
Members have reported that payroll issues have not been fully resolved and accordingly the CPSU NSW will continue to raise this issue with HVDS/MNCDS until it is resolved.
2. Transfer of disability services to individual consortium partners
The CPSU NSW requested an update in relation to recent announcements by both HVDS and MNCDS that staff will be transferred at some stage in the near future to the individual partner entities of both consortia apparently prior to the expiry of the two-year employment guarantee.
Consequently, Ms Julie Squire, CEO at Ability Options and a HVDS Board member travelled to Warabrook from Sydney in order to address the JCC meeting and provide an update on behalf of HVDS only.
The JCC was informed that HVDS has recently recruited Mr Luke Hughes in order to support the HVDS Board and implement arrangements for the transfer of disability services staff from HVDS to the individual consortium partners namely Ability Options, ConnectAbility and Finding Yellow.
The CPSU NSW reiterated our request for consultation in relation to any proposed changes in accordance with the mandatory consultation obligations pursuant to Clause 65 of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 and the 1997 Consultative Arrangements.
The JCC was informed that there would not be “much impact” arising from the transfer of staff to the consortium partners.
The JCC was informed of further management arrangements including that Ms Michelle Hodge will undertake the role of General Manager for MNCDS and Sydney operations and Ms Naomi McCorkell will manage the Hunter region. The CPSU NSW restated a request for provision of updated Organisation charts which we had previously directed to Ability Options the week prior. At the JCC the CPSU NSW was assured that updated Organisation charts for HVDS and MNCDS would be provided within ‘several days’. Despite our subsequent written reminder sent to HVDS/MNCDS, the CPSU NSW has yet to be provided with updated Organisation charts for HVDS and MNCDS.
At present, the CPSU NSW is unclear as to what the proposed devolution or transfer of disability services to the individual consortium partners will entail until HVDS and MNCDS provide further detail by way of effective and prior consultation. Given the recent poor track record of HVDS and MNCDS with respect to other matters detailed within this and our previous Bulletins, we will monitor this issue closely and report back to members as further information becomes available.
Members are reminded that your conditions of employment are guaranteed for two years and up to five years in accordance with the National Disability Insurance Scheme (NSW Enabling) Act 2013 and that anything otherwise would constitute a breach of that legislation and the contractual obligations of both consortia entered into with the NSW State Government. Should that arise the CPSU NSW may need to pursue various legal options.
3. Consultation
(i) JCC Terms of Reference and cancellation of previous JCC meeting
As members would recall from the last CPSU NSW Bulletin dated 6 June 2018 found HERE, this JCC meeting was originally scheduled for 3 July 2018 at Sydney.
Unfortunately, HVDS/MNCDS cancelled that meeting on short notice and then also cancelled a further rescheduling due to a variety of excuses including firstly, that a further meeting could not proceed until the CPSU NSW provided a written Terms of Reference for the conduct of JCC meetings. That is, information that the CPSU NSW and HVDS/MNCDS had already agreed in principle at the first JCC meeting held on 6 April 2018.
In other words, a Terms of Reference simply corresponding with what your Award conditions mandate should be done to facilitate a regular consultative forum for the CPSU NSW to be able to consult with management on workplace matters of mutual interest and concern on your behalf.
Secondly, HVDS/MNCDS then advised that the combined JCC meetings would be split into separate JCC meetings apparently due to recent restructuring impacts within the consortium partners for both HVDS and MNCDS.
The CPSU NSW argued that this appeared to be an unnecessary move given that the industrial issues and member concerns to date have been replicated across both HVDS and MNCDS. The HVDS management representatives declined our request to continue a combined HVDS and MNCDS JCC meeting schedule. The CPSU NSW has requested scheduling arrangements including particulars of management representatives who will be attending the future separate MNCDS JCC meetings although we have yet to receive a response.
Thirdly, the earlier dates for the JCC meeting were cancelled as HVDS would now be inviting a number of additional management attendees to the next JCC meeting and as they were ‘Newcastle based’ the meeting previously agreed for Sydney would now need to be convened in Newcastle.
The CPSU NSW provided written Terms of Reference well before the further JCC meeting on 1 August 2018 however HVDS/MNCDS then did not provide a written response until shortly before midnight on the evening before the JCC meeting held on 1 August 2018. This meant that the CPSU NSW was unable to consider the contents or discuss with delegates in any meaningful detail prior to the JCC meeting on 1 August 2018 at 10am.
At the JCC meeting on 1 August 2018, management then proposed that the draft Terms of Reference should be discussed at further extraordinary meetings in order to negotiate a final, agreed format. The CPSU NSW opposed a meeting given that we had not yet been afforded a reasonable opportunity to consider any proposed changes submitted at almost midnight the night before the JCC meeting.
In any event, the CPSU NSW and delegates will consider the written contents of any HVDS/MNCDS feedback and respond to HVDS/MNCDS in due course.
(ii) Mandatory consultation obligations including Clause 65 of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 and the 1997 Consultative Arrangements
These are fundamentally important principles of your Award conditions which define the consultation provisions and a guaranteed central role of the CPSU NSW/PSA in the consultation process on your behalf.
Members will be disappointed to learn that both HVDS and MNCDS are simply not taking their compulsory obligations seriously to effectively consult on matters of mutual interest and concern, both formal and informal which they are required to do in accordance with Clause 65 of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009, found HERE and the 1997 Consultative Arrangements, found HERE.
The CPSU NSW has raised this as an agenda item with HVDS/MNCDS for the past five months including at all three of the JCC meetings held to date and through extensive unanswered correspondence to HVDS/MNCDS. To say that the HVDS/MNCDS response and obfuscation to date has reached farcical proportions would be an understatement.
The CPSU NSW has requested a simple ‘yes’ or ‘no’ response from HVDS/MNCDS as to whether they agree that they must adhere to the above Award consultation mechanisms.
In short, HVDS/MNCDS has steadfastly refused to acknowledge that it is bound specifically by the above mandatory Award consultation provisions and to date has made a mockery of their obligations in relation to prior consultation with the CPSU NSW. For example, the CPSU NSW has become aware of a number of HVDS/MNCDS policies implemented without effective or prior consultation including the Code of Conduct and the Investigation policy and procedure.
At the JCC, the CPSU NSW foreshadowed to the HVDS/MNCDS management representatives in the strongest terms that unless an urgent response to this item is provided to your union then the multiple breaches of the Award will inevitably lead to a dispute notification to the Fair Work Commission.
The HVDS/MNCDS then assured the CPSU NSW that these items would be reviewed urgently. Despite that assurance, the CPSU NSW has not yet been provided with a response.
(iii) On-call arrangements
The CPSU NSW detailed member concerns regarding changes to rostering arrangements for Coordinators and Respite (CARs) and Managers Accommodation and Respite (MARs). The CPSU NSW highlighted our concern that HVDS and MNCDS are increasingly in breach of their mandatory Award consultative obligations. The CPSU NSW has never been consulted with respect to this significant change which has apparently been implemented two days after a hastily convened meeting by management on 10 July 2018 with a number of affected staff.
Unfortunately, what is becoming increasingly evident is that HVDS and MNCDS either do not understand their mandatory consultation obligations pursuant to the Award or they are flagrantly ignoring the very clear obligations to consult with the CPSU NSW.
(iv) Reporting lines
Further to the above meeting convened by management on 10 July 2018, the CPSU NSW detailed concern that recent changes to reporting lines had been implemented without any consultation with the CPSU NSW. HVDS had announced that two PSCs were swapping their responsibilities.
(vi) Outstanding correspondence/failure to consult
The CPSU NSW listed no less than ten items of outstanding correspondence or requests for information dating from the first JCC meeting held on 6 April 2018. This included a request for consultation in respect of all HVDS/MNCDS employment policies and procedures under review and to furnish a list of all such policies currently being reviewed by the consortia.
The CPSU NSW also reiterated that we have yet to receive any response to extensive written feedback submitted in respect of an ‘updated’ Code of Conduct dated 18 May 2018 which has tripled in size from a seven-page document to a 22-page policy and included a range of draconian and potentially unlawful amendments totally at odds with your guaranteed employment conditions and legislated standards for all Australian workers. For example, in relation to drug and alcohol testing and a stipulation in relation to potential criminal offences along with a requirement for staff to sign an acknowledgement to abide by the Code of Conduct. The CPSU NSW contends that the policy has not been properly or effectively consulted prior to its implementation and therefore should not apply until HVDS and MNCDS meet their mandatory consultation obligations.
Members are therefore requested to not sign an acknowledgement in relation to the updated Code of Conduct dated 17 May 2018 until such time as prior and effective consultation with the CPSU NSW has been conducted as HVDS/MNCDS are required to do. Given that HVDS/MNCDS has been unable to provide its own acknowledgement in relation to its mandatory consultation obligations described at item 3(ii) of this Bulletin, it is disappointing that HVDS/MNCDS are apparently already applying the updated Code of Conduct in respect of current misconduct allegations and investigations against their staff and our members.
The CPSU NSW has sought proper consultation in relation to the Code of Conduct and if a satisfactory resolution is not achieved this issue may need to be determined by the Fair Work Commission.
4. HVDS/MNCDS casual transition process
The CPSU NSW requested an update and was advised that the recruitment action has now concluded resulting in eighty-three appointments to casual employment pursuant to the Social, Community, Home Care and Disability Services Industry Award 2010. Members are reminded that we are still your union and this applies to all roles transferred from FACS.
5. Work Health Safety and Warabrook
The CPSU NSW requested an update regarding substantial Work Health and Safety (WHS) breaches at the Warabrook site.
HVDS advised that further improvements have been implemented including installing soundproofing, completing mandatory tagging and testing of all electrical equipment, planning for fire safety drills and ensuring that the first-aid kit now meets the legislative requirements as none of these items had done previously.
HVDS was unable to advise whether the single doorway for entry and egress would be added to and indicated that the newly appointed Transition Manager (Luke Hughes) will be reviewing arrangements for the permanent transfer of many of the affected staff including those temporarily relocated Charlestown and Maitland.
HVDS advised there are no further WHS issues or concerns with respect to the staff currently located at Charlestown and Maitland nor at other HVDS and MNCDS sites. The CPSU NSW reiterated previous member concerns relating to increased distances to travel to work at one of the above temporary locations.
The CPSU NSW has requested direct inclusion in recent email bulletins to some stakeholders regarding WHS updates at Warabrook and an update in respect of planned extensions at the Warabrook site arising from previous WHS breaches including in respect of the single doorway for entry and egress. Despite our request, to date the CPSU NSW has not received any further information or update from HVDS.
6. Fair Work Commission – application for name change
Further to our last JCC Bulletin dated 6 June 2018, the CPSU NSW can report that quite a lot has happened since we first wrote to HVDS and MNCDS by letters dated 16 May 2018 requesting their consent to our Fair Work Commission (‘FWC’) applications seeking Orders for the CPSU to be named as the PSA Federal counterpart under your copied State Awards.
HVDS and MNCDS initially consented to our applications by letters dated 5 June 2018.
For reasons known only to HVDS and MNCDS they subsequently contacted the FWC and advised that they were unaware of the FWC proceedings and had not provided consent to the name change applications. The CPSU NSW wrote to the FWC and provided copies of extensive correspondence relating to the matter including letters of consent from HVDS and MNCDS and requested that the matters should be listed for mention so that we could agitate the matters further.
The FWC then listed the matters for a Mention on 31 July 2018 although this was postponed at the request of HVDS and MNCDS until 16 August 2018.
The CPSU NSW raised the issue at the JCC meeting and HVDS/MNCDS confirmed that our request was under consideration by the respective boards for both consortia.
At the JCC, the CPSU NSW foreshadowed that if HVDS/MNCDS were unable to provide a response to the FWC by 16 August 2018 that the CPSU would be voicing a number of very strong objections to the Fair Work Commissioner during the Mention.
At the eleventh hour, HVDS and MNCDS wrote to the FWC and indicated (once again) that they did not oppose the FWC applications made by your union.
On 16 August 2018, FWC Commissioner Johns published his decision in relation to both HVDS and MNCDS and accepted the CPSU NSW legal argument that the CPSU NSW is your union and that we are entitled to cover and represent you in the federal industrial system.
Commissioner Johns exercised a discretion allowed by the Fair Work Act 2009 to make Orders that the CPSU be covered by your NSW state Awards (‘the copied State instruments’). For further information on the list of your State Awards, click HERE.
The FWC orders now guarantee coverage by the CPSU NSW of our ADHC members and including that the CPSU NSW be covered by the copied State Instruments.
7. Leave without pay – Extended leave calculation
The CPSU NSW once again raised member concerns regarding recent under-calculations of extended leave entitlements for two members.
HVDS asserted that the issues related to individuals and therefore did not fall within the scope of collective or systemic issues which could be raised at the JCC meeting.
The CPSU NSW contended that the issues were clearly legitimate subject matter in accordance with the mandatory Award consultative principles above (which HVDS/MNCDS have refused to acknowledge that they will adhere to as a party to your copied state Awards).
The CPSU NSW wrote separately to HVDS and has since been advised by one of the two members that their leave balances have now accurately reflected. The CPSU NSW is following up with HVDS in respect of the other member affected by the erroneous calculation of their leave entitlements.
8. Next JCC meeting
The next JCC meeting for HVDS is scheduled for Friday 14 September 2018. If you wish to have any w 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.
Transfer of HVDS disability services to individual consortium partners
Mandatory Award Consultation obligations including request for consultation regarding HVDS Policies and procedures
Recruitment
Updated leave approval processes
Information Technology (IT) issues including computer connectivity
Work Health Safety – Warabrook update
Fair Work Commission application for name change
Next JCC meeting date
On Monday 21 May 2018, delegates and industrial staff from the CPSU NSW/PSA met with Hunter Valley Disability Services (HVDS) to discuss collective member issues at the second Joint Consultative Committee (JCC) meeting in Sydney.
Attendees
CPSU NSW representatives and delegates: Dean Allen, PSA/CPSU Industrial, Rachel Smoothy and Kate McGrath (delegates).
Management representatives: Michelle Hodge, Regional CEO – HV Disability Services and Adele Cashion, People and Culture.
Issues discussed included:
HVDS payroll and payslip issues
The CPSU NSW again raised member concerns regarding incorrect or insufficient payslip information, underpayment and overpayment issues. For example, members have reported that Public Holiday loadings and overtime penalty rates have not been accurately reflected or are difficult to interpret on HVDS payslips. Additionally, some members advised leave balances have been taken off HVDS payslips or balances were not accurately recorded on payslips. CPSU NSW argued that this is not compliant with HVDS’s record-keeping and payslip obligations.
HVDS asserts this is not a record-keeping issue and that, following the last JCC meeting on
6 April 2018, affected staff were invited to contact management regarding payslip or payment concerns. HVDS advised that only five staff contacted management regarding payslip/payment issues.
HVDS has advised you should register your issue using the internal TICKIT system for further assistance.
HVDS advised an explanatory ‘cheat sheet’ has been circulated to some staff within the Mid North Coast Disability Service (MNCDS) and that this document readily clarifies any confusion regarding the payslip format. The CPSU NSW requested a copy of the explanatory cheat sheet for further consideration.
In order for the CPSU NSW to clarify the extent of any contraventions by HVDS of its record-keeping and payslip obligations, we encourage members to complete a short survey which you can access by clicking the link HERE.
All responses will be kept confidential and we will submit an anonymised summary of any significant data collected to HVDS for further response. The CPSU NSW will consider further steps following this process.
The survey closes on Friday 15 June 2018.
Transfer of HVDS disability services to individual consortium partners at the end of the two-year guarantee period.
The CPSU NSW again raised members’ concerns regarding recent communications by HVDS managers that staff will not be employed by HVDS at the end of the two-year employment guarantee period and instead will be employed by the individual member companies (Ability Options, Finding Yellow and ConnectAbility).
HVDS advised there is no current devolution strategy and that when one is put into planning it will be consulted with all staff and the CPSU NSW.
As part of your transfer you have been given a two-year employment guarantee (six months if you are a casual). Your pay and conditions will stay the same for up to five years. The only way your pay and conditions will change is if you, the CPSU NSW and the employers HVDS and MNCDS reach an agreement to change them.
Should an enterprise agreement be negotiated in the time between the two years and the five years 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.
Mandatory award consultation obligations
CPSU NSW/PSA recently wrote to HVDS seeking an acknowledgement that they would adhere to the mandatory consultation conditions enshrined within the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 (’the Award’) at Clause 65.
At the 6 April JCC meeting, the CPSU requested consultation in relation to a current review of policies and procedures being undertaken by HVDS.
At the 21 May JCC, HVDS advised it was committed to proper consultation with the CPSU NSW. Unfortunately since that time the CPSU has learnt from members that HVDS has now circulated an ‘updated’ Code of Conduct to HVDS staff without prior consultation with your union. The CPSU NSW requests members to submit any feedback or concerns regarding the updated Code of Conduct to your delegates or directly to the CPSU which we will collate and forward to HVDS.
The CPSU NSW has written to HVDS seeking further information including an assurance it will undertake proper consultation in all future policy changes.
HVDS resolution of employee grievances: policy and procedure The CPSU NSW raised concerns with the recent interpretation of this policy by HVDS in which a grievance issue involving a member was expedited by a manager without providing an explanation to the member as to why the informal process for resolution could not be undertaken. The CPSU NSW argue that this constituted a denial of procedural fairness to our member and therefore HVDS was in breach of its own policy (found HERE and particularly at Clause 3.2 of the policy).
HVDS argues the policy is not designed to be followed sequentially in all circumstances, which we contend is incorrect otherwise there is a risk that allegations might never be addressed in an informal process. The CPSU NSW will discuss these concerns further with HVDS.
Recruitment
The CPSU raised member concerns regarding a recent recruitment action in which there was no advertised Expression of Interest (EOI) and staff were apparently directly appointed to more senior roles. HVDS advised that the positions were offered permanently as both staff had previously undergone a FACS merit selection process for the roles.
HVDS advised that future recruitment would ‘go to market’ (advertised externally) and candidates would be employed pursuant to the Social, Community, Home Care and Disability Services Industry Award 2010 (the SCHADS Award).
Members are requested to notify your delegates or the CPSU NSW if you become aware of any future recruitment action which the CPSU NSW will consider case by case as to whether the requirements of the National Disability Insurance Scheme (NSW Enabling) Act 2013 particularly as to the employment guarantee period are being correctly followed by HVDS.
Casual staff recruitment HVDS advised a proposal has been submitted to the HVDS Board and that casual staff will not be required to reapply for their roles and ‘continuity of service’ would be maintained. The CPSU NSW will obtain further detail in relation to this and update members as further information becomes available.
Updated leave approval processes
Time in Lieu – The CPSU NSW raised member concerns regarding a recent email to staff from a manager erroneously asserting that if accrued Time in Lieu was not taken within three months that it would be forfeited.
HVDS agreed that this was an incorrect interpretation of the Award and advised that a clarifying HVDS communication or bulletin would be circulated to HVDS staff.
Information technology (IT) issues including computer connectivity
The CPSU NSW raised member concerns regarding ongoing Information Technology (IT) issues including intermittent lack of computer access after business hours.
HVDS reported IT access has greatly improved and advised that if members are experiencing ongoing IT access or issues to log a report with the TICKIT system or by contacting Bluescale during normal business hours. The CPSU NSW recommends if members are still unable to log IT concerns either due to rostering outside of normal business hours or continued IT accessibility issues then you may like to convey the issue to your local managers for further assistance.
The CPSU NSW recommend if you do experience ongoing IT issues then you should log that with the TICKIT system and also notify your local delegate so that we can collate the extent of any ongoing issues and raise that directly with HVDS management.
Work Health Safety (WHS) issues at Warabrook
The CPSU NSW requested an update in respect of the recent WHS issues at Warabrook (detailed in our previous Bulletin found HERE).
HVDS advised some staff have been relocated to the Charlestown and Maitland offices and that further work will be completed in relation to an ergonomic assessment and soundproofing for the more than 50 per cent of remaining staff still located at Warabrook. The WHS improvements are being supervised by Mr David Carey, CEO ConnectAbility.
Fair Work Commission application to change name from PSA to CPSU NSW
The CPSU NSW will be lodging an application with the Fair Work Commission to obtain orders for the CPSU NSW to be named as the PSA Federal counterpart under your state Awards. We have asked HVDS and MNCDS to confirm their consent, which they have advised is under consideration by the management Board.
Next JCC meeting date
The next JCC meeting is scheduled for Tuesday 3 July 2018. If you wish to have any collective industrial issues raised by the CPSU, 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 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.
Policies and procedures – request for consultation
Transfer of HVDS disability services
Information Technology issues
Next JCC meeting date
On Friday 6 April 2018, your delegates and industrial staff from the CPSU NSW/PSA met with Hunter Valley Disability Services (HVDS) to discuss collective member issues at the first Joint Consultative Committee (JCC) meeting in Sydney. Many of the issues discussed also related to our members from Mid North Coast Disability Services (MNCDS) given that Ability Options is also partner in that consortium.
The JCC is an important forum, where CPSU NSW industrial staff and delegates are able to consult with management on workplace matters of mutual interest and concern. It is here consultation between management and the CPSU NSW enables members, through your union, to participate in and influence decisions that directly affect working conditions.
Consultation is an integral part of your award conditions and the obligations for management to consult with your union are set out at Clause 65 of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 (‘the Conditions Award’) and within the framework of the 1997 Consultative Arrangements: Policy and Guidelines which can be found HERE.
The CPSU NSW commends management for a positive commencement to consultative arrangements and acknowledges the constructive contribution made by the management and delegate representatives.
Attendees
CPSU NSW representatives and delegates: Dean Allen, PSA/CPSU NSW Industrial Officer, Rachel Smoothy and Kate McGrath (delegates).
Management representatives: Michelle Hodge, Regional CEO – HV Disability Services and Adele Cashion, People and Culture.
Issues discussed included:
HVDS payroll issues
The CPSU raised member concerns regarding underpayment and incorrect payslip information. HVDS detailed software and personnel data issues that have affected payments to date. HVDS has assured the JCC it is actively working to resolve any issues. If members experience any ongoing payroll issues, HVDS has advised you should register your issue using the internal TICKIT system for further assistance.
Members have reported that payroll issues have not been fully resolved and accordingly the CPSU NSW will raise this further with HVDS for a resolution.
HVDS communications
The CPSU NSW raised member concerns regarding some recent HVDS communications including those which were signed off as ‘info’ and therefore with inadequate contact or follow up information. HVDS has given an assurance that all future communications will be personalised with sign-off particulars. Despite this members have reported that a further HVDS communication has been circulated to staff using the sign-off ‘info’.
Work Health Safety (WHS) issues at Warabrook
The CPSU NSW has recently undertaken a WHS inspection of the HVDS site at 26 Warabrook Boulevard, Warabrook, as a result of significant non-compliance with the Work Health Safety Act 2011 regarding the work environment and facilities.
Examples of the non-compliance included inadequate access/egress points, poor lighting, cramped working conditions and poor workstation ergonomics, inadequate document sorting tables, excessive noise levels, and inadequate kitchen facilities for a number of staff, insufficient toilet facilities for staff, no fire extinguisher and non-compliance with mandatory Emergency Evacuation Procedures.
At the JCC the CPSU NSW highlighted further WHS concerns in respect of leaking water flow and a further impediment to safe access and egress particularly that there was only one door in the event of a fire or other emergencies.
The CPSU NSW highlighted our concern that the WHS issues had been raised by members for a number of months, although previous management assurances to address the work health and safety failings at Warabrook were not followed through. Our members have therefore been working in an unsatisfactory and WHS non-compliant work environment.
At the JCC HVDS gave assurances that HVDS was taking steps to address the WHS failings and since the JCC members will be aware of several communications from HVDS indicating that urgent and concrete steps are being undertaken to resolve the WHS issues at Warabrook. This has included relocating some staff to office locations at Maitland and Charlestown and within alternative office space at the Warabrook site.
Should members have any ongoing WHS concerns at both Warabrook or any other HVDS work sites we encourage them to raise those concerns either with their local manager, workplace delegate or with the CPSU NSW. A copy of the SafeWork NSW Code of Practice – Managing the Work Environment and Facilities can be found HERE.
Policies and procedures – request for consultation
HVDS advised a review is underway in respect of all HVDS employment policies and procedures. The CPSU NSW has requested consultation in respect of all current policies under review in accordance with the mandatory requirements of Clause 65 of the Conditions Award.
The CPSU NSW understands that this will include the HVDS Code of Conduct.
The CPSU NSW will update members further and seek your feedback as consultation proceeds.
Transfer of HVDS disability services to individual consortium partners at the end of the two-year guarantee period.
The CPSU NSW raised member concerns regarding recent communications by HVDS managers asserting that staff will no longer be employed by HVDS at the end of the two-year employment guarantee period and instead will be employed by the individual member companies (Ability Options, Finding Yellow and ConnectAbility).
HVDS advised that this messaging formed part of the original HVDS tendering information to the NSW Government and was included in HVDS presentations to FACS staff prior to privatisation of the disability services.
The CPSU NSW is investigating the issue further and wishes to assure members your conditions of employment are guaranteed for two years and up to five years in accordance with the National Disability Insurance Scheme (NSW Enabling) Act 2013 as set out in previous CPSU Bulletins which can be found HERE and HERE.
Information Technology (IT) issues
The CPSU NSW raised member concerns regarding IT issues, including variable internet speeds between partner offices which have hampered access to the TICKIT system including timing out. HVDS was also advised that some staff have been unable to access their email due to IT issues and consequently they have not had access to payslips.
HVDS acknowledged the concerns and advised the issue has been logged for further investigation and improvement.
Next JCC meeting date
The CPSU NSW and HVDS will meet for a follow up JCC meeting during mid-May 2018 and we will keep members up to date therefore should you have any collective issues that you would like raised at the JCC would you please notify your CPSU NSW delegate or the CPSU NSW?
Do you know someone who is not a member? Get them to join online HERE.
Representatives from the PSA / CPSU NSW have met with representatives of the HVDS consortium. HVDS have agreed to have regular Joint Consultative Committee meetings to enable us to deal with issues that affect many or most members. In addition, we have access to the HR department to enable us to deal with individual issues.
We have also received confirmation from HVDS that we can apply for Right of Entry to group homes and other sites to hold workplace meetings. We can now start visiting group homes to attend team meetings. If your team would like a visit please contact us at .
As previously reported we wrote to HVDS to raise the many issues members are facing since the privatisation. A lot of those issues are around payroll and payslips. The HVDS representative admitted they have found the complexities of the payroll challenging and that mistakes have occurred. They advise they are working through these issues.
The PSA/CPSU NSW received a commitment from HVDS representatives that should members be overpaid, a repayment regime can be negotiated to repay the overpayment. Should any members encounter problems with this please contact the PSA/CPSU NSW on 1800 772 679 and we will assist.
Your pay and conditions
Just a reminder that your pay and conditions transferred with you.
No change can be made to these conditions for at least two years. Even then, your pay and conditions cannot change unless a new agreement is made on which you will be able to vote.
For more information on this process download the fact sheet HERE.
Work Health and Safety
The PSA/CPSU NSW raised concerns with the delay in dealing with an issue we wrote to HVDS about over a month ago. As they have not provided a response we have referred the matter to our WHS specialists who will carry out an inspection of the site and advise SafeWork NSW.
Also, you may not be aware that each worksite (group home, respite centre or office) is entitled to elect a Health and Safety Representative (HSR) for that site. If you do not have a HSR for your site we encourage you to elect one at your next team or worksite meeting. The PSA/CPSU NSW can provide HSR training to elected representatives. We encourage all HSRs to undertake union run HSR training.
Hunter Disability Workplace Group meeting
The workplace group has met on 30 January and 28 February with a number of PSA/CPSU NSW staff in attendance. The next meeting of the Workplace Group will be held on 28 March. We hope you can attend so please put the date in your diary.
Update your details
Your record in our database has been updated with your new employer but if you know of a member who is not receiving our bulletins please ask them to go to the PSA website to update their details www.psa.asn.au or call us direct on 1800 772 679.
Do you know a non-member? Ask them to JOIN. There is strength in numbers.
You are now working for a new employer but your union is still the same.
As you know, everyone who is a member of the PSA is also a member of the CPSU NSW and we are still here to represent you in this new world in which you are working.
Award and rostering principals
Your employment conditions, your award and the rostering principals are the same as they were when you worked for ADHC.
Before you transferred over, the PSA had your award changed to ensure that the rostering principals under which you worked where enshrined in law. They are now part of your award and should operate the same as before.
We refer to Clauses 12-13 in relation to ‘Shifts and rostering’ and the stipulation by Hunter Valley Disability Services (HVDS) that ‘shifts will be displayed on the roster each fortnight’.
This is clearly contrary and in breach of Clauses 4 and 5 of the Award which provide that ‘rosters are to be for a period of 28 calendar days’.
While a lot of things about the way you communicate with your employer may change, your award and the rostering principals remain the same.
We continue to be your union
As stated above, the PSA CPSU NSW is still your union. We have been told that some staff are being told that we are no longer your union. This is incorrect.
We have reached an agreement with the ASU whereby if you work in a Group Home or Respite Centre or doing associated work which was previously part of the public sector we are still your union.
We have agreed that we will not go into workplaces that were previously private and try to recruit members but if you were previously a public servant we remain your union.
Your pay and conditions at the end of 2 years
As part of your transfer, you have been given a 2 year employment guarantee (6 months if you are a casual). Your pay and conditions will stay the same for up to 5 years.
The only way your pay and conditions will change is if you, the CPSU NSW and the employer (HVDS) agree
Should an enterprise agreement be negotiated in the time between the 2 years and the 5 years 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.
Next Workplace Group Meeting
In consultation with the Executive of the Work Place Group (WPG), it has been decided that the meetings for the next 3 months will be on the following dates:
Tuesday 30 January
Wednesday 28 February
Wednesday 28 March
The meetings will be at 4.30pm in the Hunter Room, Level 2, Trades Hall
We hope you can come to one or some of these meetings.
Working with Hunter Valley Disability Services
The executive of the WPG have raised a number of matters that have been concerning members – payroll issues, access to client files, training on the CRM system and many more.
The CPSU NSW has written to HVDS regarding these issues. Along with your delegates, we hope to meet with HVDS shortly to help resolve these matters.
Letters of offer
The permanent part-time employment contract recently provided to transferred employees includes content that is both incorrect and in breach of the ADHC Rostering Principles now enshrined in the Crown Employees Ageing, Disability and Homecare – NSW Department of Family and Community Services (Community Living Award) 2015.
The ‘governing employment conditions’ are as follows:
Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009
Crown Employees (Administrative and Clerical Officers – Salaries) Award 2007
Crown Employees (Public Sector – Salaries 2017) Award
Crown Employees Ageing, Disability and Homecare – NSW Department of Family and Community Services (Community Living Award) 2015
Do you know someone who is not a member? Get them to join HERE.
