Mid North Coast Disability Services announces transfer of business
MNCDS has written to all staff advising of its plans to transfer its disability services business to its individual consortium partners, of which Ability Options is the only remaining entity.
The announcement by MNCDS provides staff with an opportunity to ask questions, raise concerns and submit feedback and over the next few weeks, with consultation concluding on 8 June 2020.
You may know Hunter Valley Disability Services (HVDS) recently underwent a similar transfer of disability services to its individual consortium partners, one of which was Ability Options. The CPSU NSW was involved in that process. Ability Options has confirmed with us that it intends to replicate, where possible, those documents and processes which they have consulted on previously with the CPSU NSW.
The CPSU NSW and MNCDS will be meeting on Tuesday 19 May 2020 to commence initial discussions and will continue to meet during the transition process.
The CPSU NSW encourages all members to carefully review the MNCDS information and provide written feedback to both MNCDS and to the CPSU NSW.
We will collate your feedback, raise your concerns directly with MNCDS, and provide further updates as soon as we receive any new information from MNCDS.
Guarantee of employment conditions
It is important to note 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 FACS to MNCDS.
The only way that your pay and conditions will change prior to the five years is if an enterprise agreement is negotiated with your new employer, Ability Options.
Should an enterprise agreement be negotiated 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.
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 provide details of the date and time of your meeting.
For further information and to provide your feedback, contact Jessica Moore, CPSU NSW Industrial Officer on 1800 772 679 or at .
What can I do in the meantime?
You can support the work of the CPSU NSW by asking your colleagues to JOIN their union.
Your union, the CPSU NSW is surveying members employed by Mid-North Coast Disability Services to determine what if any work, health and safety issues you may have. The results of the survey will assist the union in representing your rights for a safer and healthier workplace.
Under the Section 19 of the Work, Health and Safety Act 2011 all Persons Conducting a Business or Undertaking under the Act (that means YOUR employer) in NSW have a legal duty to ensure the health and safety of their workers.
The survey is anonymous, and will only take five minutes to complete.
Please fill out the Work, Health and Safety Survey at the following link
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.
Mid North Coast Disability Services (MNCDS) 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 MNCDS 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.
MNCDS have now responded to our letter and advised that casual employees were transferred to less favourable Award conditions ‘in error’. 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 MNCDS to welcome the development and will continue to seek further updates including at the next Joint Consultative Committee meeting to be held on 16 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
Terms of Reference for Joint Consultative Committee meetings
Right of entry and attendance of CPSU officials at MNCDS meetings
MNCDS employment policies and procedures
Casual staff
Next JCC meeting
On Tuesday 21 May 2019, your delegate and industrial staff from the CPSU NSW met with Mid North Coast Disability Services (MNCDS) to discuss collective member issues at the Joint Consultative Committee (JCC) meeting which was held at Port Macquarie.
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 and concern in accordance with clearly defined principles in your copied State Awards.
The CPSU NSW is pleased to report that the meeting with management was both positive and encouraging and your union looks forward to further collaborative engagement with MNCDS.
Attendees
CPSU NSW representatives and delegates: Dean Allen, CPSU NSW Industrial Officer, Asren Pugh, CPSU NSW Regional Organiser, Nick Gluckstern-Hill, CPSU NSW delegate.
Management representatives: Michelle Hodge, General Manager, Angela Johnston, General Manager People & Culture, Christine Brear, People & Culture, Business Partner, Fiona Witt, Fiona Witts, Manager Accommodation and Respite, Karen Ansen (PerformHR).
Issues discussed included:
Demerger of MNCDS
Members have expressed concerns in relation to the demerger of the MNCDS business consortium.
The CPSU NSW raised members concerns at the JCC and requested an update.
MNCDS reported that there are no significant changes planned for the business as we approach the two-year anniversary of privatisation on 6 September 2019. MNCDS gave an assurance that it will be “business as usual” and advised that an internal staff bulletin will be circulated by Julia Squire, MNCDS Board Chair in the near future.
The CPSU NSW understands that four of the five partners in the MNCDS consortium are made up of Ability Options or its subsidiaries and therefore there will be minimal, if any changes to the operation of the business consortium following the September 2019 anniversary.
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, please contact either your CPSU NSW delegates or industrial staff.
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 MNDS is negotiated or for a period of up to five years ending on 6 September 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 MNCDS 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 September 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.
Terms of Reference for JCC meetings
In 2018, the CPSU NSW provided a draft Terms of Reference (TOR) to MNCDS in order to negotiate some agreed terms or parameters for how, when and what we can meet with MNCDS on a regular basis to consult with management on your behalf and to discuss matters of mutual interest and concern in accordance with your copies State Awards.
MNCDS has now retained an external Human Resources contractor to negotiate on their behalf.
The CPSU NSW will negotiate directly with the MNCDS contractor in order to seek to finalise the TOR and to ensure certainty of consultative and collaborative arrangements with your employer in accordance with clearly defined Award conditions of your employment.
Right of entry and attendance of CPSU NSW officials at team meetings
The CPSU NSW and MNCDS discussed right of entry arrangements for the attendance of CPSU NSW officials at MNCDS work sites on an ongoing basis.
MNCDS has agreed to provide particulars of upcoming MNCDS Team meetings and Team leader contact details.
In the coming weeks, Asren Pugh, CPSU NSW Regional Organiser, will be visiting members and therefore if you have any workplace or Award concerns would you please contact Asren or the CPSU NSW as below?
MNCDS employment policies and procedures
Members will recall that the CPSU NSW previously requested consultation with MNCDS in relation to a number of its policies which were being reviewed at the time of the April 2018 JCC meeting.
Unfortunately, MNCDS did not consult as it is required to do in accordance with your copied State Award and that led to the CPSU NSW lodging a dispute with the Fair Work Commission.
As the meeting on 21 May 2019 was our first JCC meeting with MNCDS since 2018, the CPSU NSW requested clarification from MNCDS as to how it will consult regarding its employment policies and procedure updates and new policies in the future.
MNCDS advised that there are no plans to amend or introduce any new employment policies in the near future.
MNCDS advised that it has taken the CPSU NSW question on notice and will provide a response at a later date.
The CPSU NSW reiterated that the requirements of consultation are clearly defined at Clause 65.1 of the Crown Employees (Public Service Conditions of Employment) Award 2009.
Casual staff employed on the Social Community Home Care and Disability Services Industry Award (SCHADS).
The CPSU NSW has recently written to MNCDS regarding circumstances where some of our members and eligible members have been placed on inferior employment conditions other than your copied State Awards. MNCDS advised that it will provide a response to the CPSU NSW by 10 June 2019.
Next JCC meeting
The next JCC meeting for HVDS is scheduled for Tuesday 16 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 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.
