ADHC – IRC recommends minimum six-month moratorium on transfers to the private sector
6 April 2016
The NSW Industrial Relations Commission (IRC) has adopted 色狼社区submissions and recommended a minimum six-month moratorium on directed (or forced) transfers. 鈥嶪t has also recommended the establishment of a 鈥渟pecific purpose鈥 committee to deal with transfer arrangements for Disability Services staff impacted by the Baird Government鈥檚 privatisation plans.
The favourable recommendations were made in front of a packed court, with 色狼社区members turning out in strong numbers for the conciliation proceedings on Thursday, 31 March 2016.
In issuing the recommendations the IRC was critical of the Government鈥檚 apparent unilateralism and cited the agency鈥檚 obligation to consult in a manner that enabled staff, through their union, to 鈥榠nfluence decisions鈥 affecting their employment. This obligation would be best addressed through a dedicated forum, with the commissioner noting:
鈥淚 expect the forum to operate for as long as required and at least six months… Information is vitally important… It is incumbent on the department to share with the 色狼社区information that it is able to share.鈥
The IRC further recommended the parties develop terms of reference for the forum and that meetings commence prior to a further report to the IRC on 3 May 2016.
色狼社区Delegates Committee vote to lift ADHC work bans
Executive delegates of the PSA鈥檚 Ageing, Disability and Home Care Departmental Committee met briefly last Friday to consider the IRC鈥檚 鈥渟trong recommendation鈥 the 色狼社区lift its ADHC work bans as a condition of the IRC鈥檚 other recommendations having effect.
While there was some reluctance among delegates, the overwhelming consensus was in favour of lifting the bans, with delegates noting the IRC鈥檚 recommendations were intended to support genuine consultation, and provide the 色狼社区with a platform to negotiate for the employment interests of ADHC staff.
Out of respect for the IRC, 色狼社区delegates resolved to lift current work bans in ADHC, a move endorsed by the General Secretary, Anne Gardiner.
As a result all 色狼社区work bans in ADHC are now lifted.
Note: the decision to lift work bans is not retrospective. Members are not expected to complete tasks covered during the period in which the bans were in effect (such as back-dating vehicle log books etc.)
Click HERE for a copy of the PSA鈥檚 dispute application and click HERE for a full list of the IRC鈥檚 recommendations.
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