For more than eight months the 色狼社区has been fighting to make sure all conditions of employment of聽 ADHC members are transferred with them when they leave the public sector.

After a decision by the Industrial Relations Commission today we are happy to inform all ADHC staff covered by the Crown Employees (FACS) Residential Centre Support Services Staff Award and Crown Employees Ageing, Disability and Homecare NSW Department of FACS (Community Living) Award that the 色狼社区has won the following conditions:

• Salary Increase from 1 July 2017 and each year thereafter

• Rostering principles

• Special paid leave.

Congratulations to all ADHC Staff and a big thank you to our ADHC delegates who made statements as part of our case.

The first tranche of staff from Western NSW; Far West NSW and the Mid North Coast leave the public sector next week. They will be sad to leave, but we hope will gain comfort from knowing their union has won to ensure they transfer with these conditions.

We will continue to be your union and to fight for your rights and entitlements.

If you are not a member, you can join by following the link below:

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色狼社区members in Community Services, Family and Community Services (FACS) Central and Corporate have voted to maintain current bans on employee participation in the FACS Performance Development Program.

The vote was conducted in response to a series of recommendations made by the Industrial Relations Commission of NSW on 1 September, including a recommendation the 色狼社区lift participation bans on the agency鈥檚 Performance Development Program. For a further detailed summary of the IRC鈥檚 recommendations click HERE.

Following a 1 September conciliation conference before the IRC, the Association resolved to ballot members on whether or not lift the PDP ban in light of the Commission鈥檚 explicit recommendation.

While time constraints were a factor in voter turnout, 440 members took the opportunity to vote, with more than 70 percent voting to maintain the current ban.

The 色狼社区has now written to FACS to advise the ban will remain in place. As such:

All 色狼社区members are advised that the Performance Development Program (PDP) is the subject of an industrial ban and members are directed not to participate in the E-Learning, or take part in any Performance Development Program planning or implementation until FACS agrees to undertake meaningful consultation and provide the detail requested.

The ban applies to employees working in Community Services, FACS Central and Corporate only.

For further information contact your workplace delegate or FACSOrganising@psa.asn.au.

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Your union, the PSA, has long opposed the introduction of the Department of Family and Community Services (FACS) Performance Development Program (PDP) into Community Services.

The PDP is currently the subject of a 色狼社区ban for members in Community Services, and members from FACS central and corporate staff.

In the face of our ongoing opposition, FACS finally initiated dispute proceedings in the Industrial Relations Commission of NSW (IRC), where a compulsory conference was held on 1 September 2016.

At the IRC, the 色狼社区won a recommendation that no employee should be required to take part in PDP without first having a capability-based role description.

The IRC also urged the parties to:

• engage in further discussion around staff training needs, with the department agreeing to provide face-to-face training to staff where specifically requested by business units

• consult to develop policy and procedures for managing unsatisfactory performance.

IRC recommendation regarding PDP Ban

However, in conjunction with the above the IRC recommended that the 色狼社区lift our ban on implementing the PDP for employees with capability-based role descriptions, while noting the department鈥檚 commitment to transition all employees to capability based role descriptions for by February 2017. The IRC indicated that should the 色狼社区persist with work bans, it was likely that binding orders would be made against your union, which could mean that we forfeit the more favourable recommendations.

On balance this is a favourable outcome, and the recommendations address many of the concerns that led to the implementation of the ban. However, it is the view of the 色狼社区and the Community Services Departmental Committee that FACS has failed to commit sufficient resources, education and training to employees in supervisory and non-supervisory roles for the fair and effective implementation of PDP, which must be addressed if the PDP is to be introduced.

Have your say:

The 色狼社区is seeking member feedback before making a decision on lifting our ban.

色狼社区members in Community Services and members from FACS central and corporate staff are asked to go and vote on whether to lift the current ban on PDP.

Please note that the ballot closes 6pm, Tuesday 13 September.

色狼社区keeps up the pressure on out of home care privatisation

Read the PSA鈥檚 media release from 9 September on the need for private sector regulation HERE.

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Read the bulletin HERE.

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Congratulations!

The results of the staff ballot for your new enterprise agreement have been announced with 84% of staff voting Yes.

This Yes vote puts an end to over 12 months of negotiation, which have seen a number of back downs from TAFE鈥檚 original proposal rejected by the union and staff in November 2015. This includes:

• Hours of work. TAFE鈥檚 original proposal had 80% of staff increasing their weekly hours to 37, for no extra pay. This was then revised to 36.25, before the 色狼社区(CPSU) secured a 35 hour week for all staff. Current 38 hour a week staff will move to 35 hours from January 2017, without a reduction in their weekly wage, and the ability to continue receiving their RDOs.

• Automatic transition to contemporary classification structure. TAFE鈥檚 original proposal had staff transitioning to the new classification structure via 鈥渞estructure鈥�, resulting in 100s of extra restructures throughout TAFE. The 色狼社区(CPSU) secured automatic transition in January of 2017.

• Salary maintenance. Throughout bargaining, TAFE consistently refused to maintain the salary of staff who faced a pay cut in the transition to the new classification structure. This meant that staff faced real cuts to their wages in excess of thousands of dollars. The 色狼社区(CPSU) was able to force TAFE to agree to 鈥渞ed circle鈥� or 鈥渕aintain the salary鈥� of anyone whose position transfers over at a lower rate.

• An immediate 2.5% pay rise for all staff, followed by a further 2 years of 2.5% pay rises for the majority of staff. In addition, staff moving to a higher pay rate in the new classification structure will have their salary increased in January 2017, as well as any applicable increments every 12 months thereafter.

• Broken shifts. TAFE wanted to extend broken shifts from the current long standing restrictions (available only for security officers) to all staff.

• Permanent Part Year Employment (PPYE). TAFE鈥檚 original proposal allowed for an unrestricted number of permanent part year positions, potentially allowing TAFE to convert current full year positions to part year positions via restructure. The 色狼社区(CPSU) won a restriction to the current amount of staff (650) working part year. Part Year Employment will also be limited to certain circumstances where ‘there is genuinely no work across the whole year’. This will be closely monitored at each Institute by the 色狼社区(CPSU) and at the Peak Consultative Committee. The 色狼社区(CPSU) will also closely monitor the use of part year employment to ensure TAFE does not go above the 650 and can justify each PPYE position.

The 色狼社区(CPSU) have forced TAFE to move a long way from their original terrible proposal.

TAFE鈥檚 back down only came once members took the dramatic but necessary decision to take Protected Industrial Action. It is only through standing strong together, that these wins were secured.

There are changes in the enterprise agreement, particularly around PPYE and Flexible Working Hours, which will need to be closely monitored by the 色狼社区(CPSU) to ensure that they are implemented in the correct manner.

This is why being a part of strong union is so important, because without the 色狼社区(CPSU) fighting for members, TAFE will try to get way with whatever they can.

Whilst every single member is congratulated on the solidarity displayed to ensure TAFE backed away from their original proposal, special congratulations are due to your Bargaining Team for the dedication they have displayed in standing up for the rights of fellow members.

The negotiations were particularly gruelling and exhaustive, and delegates are required to undertake this work in addition to their normal jobs.

Your Bargaining team is listed below.

Leon Parissi – Sydney

Brook Down – North Coast

Brad Cowie – Illawarra

Christopher Hobbins – Riverina

Glenda Pryor – Western Sydney

Blake Stephens – PSA

Phoebe Dangerfield – PSA

What鈥檚 next?

The enterprise agreement will now be signed by the parties and lodged with the Fair Work Commission as soon as possible, with the first 2.5% salary increase payable from 1 July 2016.

The 色狼社区(CPSU) will soon be commencing a number of enterprise agreement information sessions in order to answer any questions staff may have about the implementation of the new agreement. Details will be distributed next month about these sessions.

What can you do?

Speak to non-members about joining the 色狼社区(CPSU). Whilst your union negotiates on behalf of its members, all staff benefit from the 色狼社区(CPSU) negotiating the conditions within your enterprise agreement.

Encourage and assist a colleague to join your union, and we鈥檒l say a collective thanks by giving you a !

Yet more reason to be .

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The 色狼社区has successfully lobbied the Public Service Commission (PSC) to improve its changes to medical assessments for non work related medical conditions and injuries.

Based on the issues the 色狼社区brought to the PSC鈥檚 attention, the PSC made some improvements to the proposed guidelines, such as:

• more stringent requirements surrounding consultation with an employee prior to determining if a medical assessment is necessary
• mandatory steps that an agency must undertake when making a decision about an employee鈥檚 medical retirement
• the obligation on an agency to investigate if alternative duties are available in the instance the聽 employee鈥檚 medical advice states that alternative duties are an option.

Under the Government Sector Employment Act 2013 (NSW), agencies are entitled to direct employees to undertake a medical assessment if they believe an employee is suffering from a non-work related injury or health condition which is impacting on their ability to perform their role.

At the end of this assessment, there is the possibility an employee may be medically retired.

To date this process has been managed by a sector-wide policy.

However, in draft guidelines issued on 11 November 2015聽 the PSC proposed this policy be devolved to the agency.

Individual agencies will therefore be able to determine their own procedures surrounding medical assessments.

While the 色狼社区welcomes the changes, some of the union鈥檚 concerns remain, including issues surrounding the devolution of the medical assessments policy.

The post Medical assessments kept in check appeared first on 色狼社区CPSU NSW.

The Court of Appeal last year handed down a very important decision in favour of the 色狼社区and all injured workers in NSW.

For the last two years, the 色狼社区has been fighting to have an injured Correctional Officer returned to his previous employment under Section 240 and 241 of the Workers Compensation Act 1987.

This member was injured undertaking his duties and as a consequence was medically dismissed and subsequently received a payout.

The injured Correctional Officer eventually recovered and wished to be reinstated to his previous employment. The 色狼社区took his case to the Industrial Relations Commission where the Commissioner found in favour of our member. The employer then appealed this decision to the Full Bench of the Industrial Relations Commission, which overturned the original ruling.

The 色狼社区then decided to appeal this ruling of the Full Bench to the Court of Appeal.

Your union made the decision to appeal as the matter had implications for all our members and because it fitted within its broader strategy of leading the fight against the unfair aspects of the workers compensation legislation.

On December 4 2015, the Court of Appeal set aside the ruling of the Full Bench and court costs were awarded to the PSA.

The only avenue of appeal now within the court system is to the High Court.

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