JANUARY–MARCH 2019

D REBUIL

TAFE

The fight for vocational Caring for mental Domestic violence education health at work leave victory

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*Terms and conditions apply JANUARY–MARCH 2019 CONTENTS

News 04 The fight for our National Parks

From the General Secretary 08 Message from Melbourne

President’s message 10 Working in male-dominated workplaces

From the Assistant General Secretary 12 Fighting for those with disability

Wins 14 Victories for PSA and CPSU NSW members 16 The battle for TAFE 18 The destruction of vocational training

Mental Health Conference 22 Keeping our members safe

Dubbo Central Council 25 The bush takes centre stage

Women at Work 26 Highlights from WIMDOI

WHS 30 A safer workplace is a better workplace

Tea Break 33 News from members 22

Managing Editor Stewart Little, General Secretary PSA Head Office

Issue Editor Jason Mountney A 160 Clarence Street, Sydney NSW GPO Box 3365, Sydney NSW 2001 Art Direction Mine Konakci T 1300 772 679 F (02) 9262 1623 Printers Spotpress, (02) 9549 1111 W www.psa.asn.au | www.cpsunsw.org.au www.spotpress.com.au E [email protected] | [email protected]

Enquiries PSA Communications Unit, 1300 772 679 All members of CPSU NSW are also members of the Public Service Association. Membership T 1300 772 679 E [email protected] The PSA is the associated body that manages and resources CPSU NSW. NEWS

PSA ON THE FRONT FOOT IN POWERHOUSE FIGHT

THE PSA has publicised its campaign to keep the Powerhouse Museum in Ultimo. DELEGATES GIVE SHARPE Industrial Officer Kerrie Butson was quoted in a Sydney Morning Herald article about the neglect of the facility, which has resulted in THE BLUNT TRUTH: NPWS one valuable exhibit, the world’s oldest steam engine, no longer working. IS IN TROUBLE “The museum’s facilities are all fit for purpose,” Ms Butson was quoted as saying, “though staff need to be employed by LABOR’S SHADOW Environment Minister, “If this is the case, it will be a welcome the Powerhouse Museum to continue the Penny Sharpe, visited the PSA to hear development,” says PSA Industrial Manager maintenance program on a regular basis rather concerns from members in the National Nathan Bradshaw. “The current cuts to than knee-jerk reactions to urgent issues.” Parks and Wildlife Service (NPWS). experienced staff have seen the NPWS Staff at the Powerhouse unanimously voted The MP, who several days later was lose thousands of years of experience to retain the Ultimo site and to open a related appointed her party’s deputy leader, said and skills.” cultural institution in Parramatta. the “NPWS is what Labor governments do”. Ms Sharpe heard how cuts to senior staff The Berejiklian Government plans to She said if Labor is elected, the loss had affected bushfire control, feral animal turn the Ultimo site into flats and says it will of experienced staff under the present management and weed programs. The eventually open a replacement in Parramatta. administration will be stopped. decline of park maintenance also put at risk At the most recent members’ meeting, “We need people with specialist tourism industries in small communities. members expressed disappointment with understanding and knowledge,” she told Delegates told Ms Sharpe that the results of the most recent People Matter a meeting of Delegates. “We aspire for the outsourced recruitment had failed, Survey. Notably, members were disappointed NPWS to be one of the best in the world. presenting the service with unqualified with the high rate of bullying at the Museum “We have to fix the mess.” candidates for job vacancies. and 16 per cent approval of the grievance dispute process.

PSA CHECKS OUT STATE LIBRARY

A SAUSAGE sizzle on the balcony gave members at the State Library the chance to talk about their conditions – and non-members the chance to join their union. Delegates wowed members – and PSA staff – with their own salads to accompany the sausages cooked by Organisers. PSA Organiser Davis Murphy says having events in an informal barbeque setting gives members the chance to relax and talk at ease to union staff. “The PSA is helping to manage members’ workloads,” says Mr Murphy. “Large events such as exhibitions are creating a lot of work for the current staffing levels. “We are also ensuring members know their rights when called in for meetings and over issues such as grievances.”

4 | RED TAPE January-March 2019 NEWS

JUVENILE JUSTICE DISPUTE AGENCY STAFF CONTINUES INTAKE SPARKS

THE PSA HAS written to the Minister for Corrections, David Elliott, demanding more be done to protect staff and JUSTICE ACTION inmates from dangerous detainees in the system. “We need to take dangerous detainees out of the general WHEN THE Department of Justice started hiring agency staff rather population and place them into dedicated specialist units in than employing Court or Sound Reporters, the PSA took action. the Cobham and Frank Baxter,” says Senior Industrial Officer “The Department of Justice advised at the recent Joint with the PSA, Julie Bond. “We are not looking to lock kids Consultative Committee that it would not be employing Court away in confinement for an extended period of time and or Sound Reporters to work in courts allocated to the newly they would still be given access to education, health care appointed District Court Judges but would be engaging Agency and, if required, deradicalisation programs. However, the Contractors instead,” says Senior Industrial Officer Julie Bond. one-size-fits-all approach is not working. Some detainees “The Department of Justice clearly does not value the skill and need tighter security. expertise our members provide to the justice system.” “Surely the Government has an obligation to recognise the risk Ms Bond says the PSA has issued a directive that “Court and Sound our members face and provide us a safer working environment.” Reporters not cover courts assigned to agency contractors”. The PSA believes the closure of the Kariong Centre has left a void in the care of high-risk detainees.

CLARITY NEEDED FOR WORK BEHIND BARS

THE PRISON OFFICERS Vocational Branch (POVB) is calling for more clarity over the permissible use of force in the state’s prisons. “Using force is a requirement of the role,” says PSA Industrial Officer David McCauley. “But there is a chance our members will face investigations, be suspended from duty, or terminated while aiding in maintaining the good order of a correctional centre. Surely there needs to be better understanding from Corrective Services NSW.” | | The lack of clarity adds to the stress Corrective Officers | | face under the Berejiklian Government’s benchmarking program. The program, which the PSA believes to be a backdoor plan for more private-run prisons, has led to job losses and reduced ratios of staff to inmates. “What we have seen in Parklea should be a warning that outsourcing Corrective Services is not in the best

interests of the state,” says Mr Cole.

January-March 2019 RED TAPE | 5 NEWS

2GB BROADCASTS THE WRIGHT MESSAGE OVER DISABILITY SERVICES

PSA ASSISTANT General Secretary, Troy Wright, made a demand for a government- SCHOOL CHANGES AHEAD run service for people with disability on THE DEPARTMENT of Education has commercial radio network 2GB. let a contract to Ernst and Young Interviewed in front of a live audience (EY) to undertake the Professional by Ben Fordham, Mr Wright informed NSW IS THE ONLY STATE Learning Review. the station’s listeners that NSW is the OR TERRITORY WHERE EY has conducted focus groups and only state or territory in Australia where THE GOVERNMENT HAS interviewed staff at more than 200 the government had absolved itself of ABSOLVED ITSELF OF ALL schools. The PSA has encouraged our all responsibility for some of the most RESPONSIBILITY FOR SOME members to be involved in this review. vulnerable people in society. OF THE MOST VULNERABLE Members of the Schools Departmental “Before the implementation of the NDIS, PEOPLE IN SOCIETY Committee Executive took part in an people with disability were cared for in a interview on 3 October 2018. mixture of non-government providers and The recommendations for change put a large proportion – 40-odd per cent – were young man with severe disability, was also forward by the PSA included: cared for in government-provided housing interviewed. He talked about the difficulties • update the professional learning and accommodation through ADHC,” said his family faces as the government refuses policy to balance reference to Mr Wright. to guarantee funding for vital equipment teaching and non-teaching staff, and He said NSW used the NDIS as an such as breathing tubes. to distinguish between mandatory opportunity to move out of the disability Mr Fordham was scathing about the and non-mandatory learning support sector and contract out group Minister for Disability Ray Williams’s • a central repository of training homes to private operators. approach to the issue, likening it to materials, developed by the Department “NSW is the only state to do this – the applying plugs to a sinking boat. • strive for equity across the state, only state to completely walk away from its “I know the people of NSW won’t cop independent of location responsibilities.” this – they won’t cop it one single bit,” said • conduct needs analysis with the Paul Adderley, whose son Kenneth is a the broadcaster. Department to ensure adequate funds to design and deliver programs based on identified needs • resource the SAS Staff Reference Groups with trainers who can support the work across the State NDIS FAILURE • support the role of principals and their role in professional learning • create consistency in the approach AFFECTS MEMBER to PDPs to ensure the formulation of appropriate, clear, relevant and A MEMBER has experienced up close compounded by a lack of workplace transparent goals, conforming to roles the disaster that is the rollout of the flexibility. and accountabilities and supportive of National Disability Insurance Scheme The member, who works in the professional learning. in NSW. Corrective Services field, says she has Members will be updated on the The member, whose daughter has had more empathy for her situation outcome of this review, which will now high-level autism, has lost access to from former prisoners than her likely be considered by the Department previously successful medical staff. management. in February 2019. “They just give the money and A combination of change to regime Pending its release, the Department send you off, without respite – which her daughter can’t understand and has consulted with the PSA regarding is vital for school holidays,” says the workplace inflexibility has turned her a transitional arrangement for SAS member, who has no support from against a job she once loved. and other non-teaching staff training extended family. “I now hate the place with a passion,” which addresses many of the PSAs The lack of assistance has been she says. recommendations.

6 | RED TAPE January-March 2019 NEWS PSA RALLIES TO OPPOSE CHILDREN PROTECTION WRONGS

PSA ASSISTANT General Secretary, Troy reported at risk who are not seen by Wright, spoke at a rally outside Parliament anyone; there is not one dollar or one House opposing government plans to worker added in this bill to help families streamline the NSW adoption policy. with early intervention to prevent kids The PSA believes the bill, which will have going into care; there is not one dollar or children adopted after two years of care, one worker added in this bill to look over means birth parents who improve their and assist kids in foster care, improve the family circumstances will still be locked out foster care system and regulate it better of their children’s lives forever. With many so that shoddy, for-profit providers aren’t itself of responsibility for caring for Aboriginal children in care, the similarities gouging the system.” some of the most vulnerable children in with the Stolen Generation of the 20th Industrial Manager with the PSA, Kris the state. century are also unsettling. Cruden, believes the current system Ms Cruden also recommended the “This bill is a revolutionary change to should be left as it is, with better Government reverse its decision to close our child protection system,” he said. funding for child protection, rather than early intervention support, which helped “There is not one dollar or one worker the proposed “tick and flick” approach keep children out of foster care in the first added in this bill to address the many kids which will let the Government absolve place.

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FROM THE GENERAL SECRETARY

STEWART LITTLE

MELBOURNE VICTORY SCORES A GOAL FOR VITAL PUBLIC SERVICES

THE TSUNAMI of seats won by the Daniel Even in the Libeal Party’s heartland, Andrews Government in Victoria in the leafy seats of Melbourne’s wealthy November shows voters are tired of the eastern suburbs, voters were brutal in neoliberal slash-and-burn disdain for their treatment of sitting members. This public services. is the area that nurtured Liberal Party ACCESS TO VOCATIONAL Labor campaigned on issues such as founder Robert Menzies, who talked TAFE and vocational training, which hit about representing the “forgotten people”. EDUCATION FOR MANY home in outer suburban seats where people Since then the Liberal Party has certainly SCHOOL LEAVERS IS THE were rightly worried their children would forgotten people, and now is the party of DIFFERENCE BETWEEN A have limited future work opportunities. the outsourcer, of the big banks, of the REWARDING, WELL-PAID Swings to Labor were huge in seats such polluter, and of the privatised utility. And CAREER AND A LIFE BOUNCING as Dandenong (11.8 per cent), Frankston voters of all stripes have woken up to this. BETWEEN VARIOUS LOW- (9.5 per cent) and Mulgrave (8.8 per cent). In In 2019, the people of NSW will go to the PAYING JOBS seats such as these, on Melbourne’s edge, polling booth and give their own verdicts on access to vocational education for many the Liberal and National parties and their vision school leavers is the difference between for our state. TAFE, our cover story this month, for people with disability. It has sold its land- a rewarding, well-paid career and a life is an issue in our state, again particularly in titling office, privatised prisons and Sydney is bouncing between various low-paying jobs. outer suburbs such as Penrith, where the criss-crossed with half-finished public works Other issues in the poll included access local Liberal member must have watched the delivered late by private contractors. to early-childhood education, in-school Victorian results with a degree of horror. In Victoria, many Liberal Party officials dental care and public transport; issues that Ms Berejiklian has been quick to blame were lectured by voters on their lacklustre are the cornerstone of a society that looks the federal party for its poll slump, yet NSW environmental credentials. Here in NSW, after its members. is the only state that has no public safety net where the Ranger numbers in the National Parks and Wildlife Service have been slashed, a park in the Murray Valley is at risk of being degazetted, and the Darling River is being plundered, the ruling party is playing risky games with the state’s environment. And voters will be noticing. In Victoria, regional centres such as Ballarat, Bendigo and Shepperton installed Labor and independent candidates. In NSW, where seats such as Upper Hunter are on tight margins, neglect of local public services, and the resulting economic knock- on effects felt when these are cut, will be testing voters’ patience. The Berejiklian Government, with its healthy majority, should be sitting pretty next year. However, the Victorian result shows voters take their public services seriously. And if they wake up on 24 March with four years of opposition ahead of them, they can’t say we didn’t warn them.

8 | RED TAPE January-March 2019 NEWS

NEW BARGAINING APPROACH TRIALLED AT MACQUARIE

THE CPSU NSW is trying a new approach on behalf of members at Macquarie University. Interest-based bargaining attempts to get parties to adopt a less adversarial approach to negotiations. “It is based on common rather than competing interests,” says CPSU NSW Industrial Manager Blake Stephens. According to the Fair Work Commission, the new approach will: CPSU NSW STANDS • promote cooperative and productive workplace relations through interest-based approaches to bargaining for enterprise UP FOR FORESTRY agreements • develop new ways of resolving conflict or A CPSU NSW DELEGATION visited NSW joineries, haulage, machine operators, disputes at the workplace using interest- Parliament House to make sure Forestry mechanics and other small businesses. based problem-solving workers were not left out of the koala Every Forestry job directly supports another • support the introduction of change, conservation debate. regional job.” innovation and productivity improvement Now a state-owned corporation, Forestry The MPs were also reminded that the through new ways of collaborating outside NSW has 100 years of sustainable forest state’s forestry industry is held to much of the bargaining cycle, and before a management experience. CPSU NSW higher environmental standards than the dispute occurs. members include forest scientists, imported timber and other alternatives ecologists and geologists, as well as office- that would follow if local production was based staff with financial, commercial, ceased. administration and IT roles. “The native hardwood forests of northern Forestry Delegates Nigel Fuller, Bob NSW produce highly valuable and unique Aspden, Holly James and Steve Pickering, timbers found nowhere else in the world,” along with Assistant General Secretary Troy says Ms O’Shea. “The timbers are used in Wright and CPSU NSW industrial officer the wharves and jetties of Sydney, in KEEPING Rachel O’Shea visited Upper House Labor flooring, for power poles and in timber MPs Penny Sharpe and Mick Veitch to bridges. Without these timbers, these TIME ensure their industry’s survival was included products will be replaced with steel and in the party’s plans to preserve the state’s concrete alternatives, both leaving a much IN NOVEMBER, the Centre for Future koala population. bigger carbon footprint. Flooring will be Work marked Go Home on Time Day, “Forestry Corp members are concerned replaced by wood sourced from forests in alerting Australia’s workforce to the about their jobs, their communities and the southeast Asia with lower levels of amount of unpaid hours employees are future of a sustainable north coast timber environmental certification. gifting their bosses. industry,” says Ms O’Shea. “They also care “Forestry has won more than 20 Gold Want to know how much time you’re about koalas, which thrive on the leaves of and Silver regional, state and national handing over to the boss? Go to replanted trees. The timber industry in tourism awards since 2012. It has valuable gohomeontimeday.org.au and use the northern NSW is compatible with increasing recreational uses. In state forests you can centre’s online calculator. The results and preserving koala numbers in NSW. camp free, take your dog or even ride may be disturbing. “The harvesting of state forests also your horse. There are millions of nature- creates ‘flow on’ commercial industries in based tourism visits to state forests each regional areas such as sawmills, timber year.”

January-March 2019 RED TAPE | 9 COLUMNS

FROM THE PRESIDENT

KYLIE MCKELVIE

THE POWER OF WORKING TOGETHER

IN NOVEMBER we received a powerful public sector unions were involved in round mentors, these difficulties could easily send reminder of the strengths of working tables with Minister Pru Goward to sway her workers back to “women’s jobs”. But our together as a union movement. this was the right path for workers in NSW. members are forging ahead, with their union The decision by the State Government to Thanks must go to the PSA staff and supporting them at every step. award 10 days’ Family Domestic Violence Women’s Council for their work assisting the The CPSU NSW and Electrical Trades (FDV) leave for anyone escaping an abusive We Won’t Wait campaign so far. The next Union formulated a ground-breaking leave relationship is the result of years of pressure step is to get 10 day’s FDV leave for all workers policy for women who have experienced from the union movement. in Australia through the National Employment stillbirth in the male-dominated electricity The PSA was a pioneer in FDV leave, getting Standards. company Ausgrid. Before then, the policy five days’ leave inserted into awards for state was women were expected to return straight public servants. However, this could only be The PSA and CPSU NSW recently attended a to work after the trauma of stillbirth. taken once all other entitlements, such as sick conference for Women in Male-Dominated Many challenges face women getting into and holiday leave, were exhausted. Occupations and Industries (WIMDOI). management positions, even in industries The We Won’t Wait campaign, driven While all women face challenges in the where gender is more evenly balanced by the PSA, CPSU NSW and other public workplace, our female members in areas or skewed towards females. Issues such sector unions, pushed to get 10 days’ leave such as Corrective Services, National as time taken out for caring duties or for members, and for the entitlement to Parks, transport and Forestry face unique bias – unconscious or otherwise – against be accessible regardless of whether other difficulties. From the practical, such as promoting women in their 20s and 30s for entitlements have been exhausted. inadequate toilet and changing facilities, to fear they may take maternity leave or those As recently as October, the PSA and other the less tangible, such as a lack of female nearing retirement age.

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10 | RED TAPE January-March 2019 NEWS VOTES UP FOR GRABS

MEMBERS ARE ON THE LINE TO VOTE Of the Justice members who were FOR A PARTY THAT SUPPORTS PSA/ questioned about benchmarking, 67 per CPSU NSW ISSUES cent were highly concerned. At the NSW state elections in March, 85 per When asked about any other workplace cent of members would be open to voting issues currently of concern, the most for a party that supported the PSA and common matters included bullying and CPSU NSW’s campaign issues, according harassment, lack of workers’ compensation, to the results of a phone call campaign absence of training, nepotism and wage conducted by the union. gaps – including between genders and levels Further, roughly 38 per cent of members of seniority. are undecided about their voting ELECTION ISSUES intentions. The election issue of greatest concern to That’s a double-edged sword for Labor. members was job security. The good news for them is a sizable Interestingly, although 89 per cent voting block is potentially open to were concerned about the 12 per cent supporting the Labr Party. Assistant General Secretary Troy Wright efficiency dividend, 20 per cent did not was just one of the PSA/CPSU NSW staff The bad news is that despite the litany necessarily think dumping it was an who worked the phones, talking to of disasters the Berejiklian Government important matter to be considered at the members. has either continued with or directly ballot box. introduced, Labor has clearly not Members were also asked if they had articulated its position on a range of issues COMMITMENT TO FIRST PREFERENCE any other issues of importance that they as well as it could nor has it sufficiently VOTES consider when voting. highlighted the real points of difference The majority of members at the state The issues raised included public with the Government. election are already strongly committed transport, road tolls in Western Sydney, These were just two of the points that to their position. improving workers’ compensation laws, emerged from the union systemically Those who at this stage intended to more funding for health and education calling members over the past few vote for other parties are not quite as and reinstating Ageing, Disability and months. firm in their stance, with 38 per cent only Home Care. The phone campaign made 1211 calls mildly committed to voting for the Liberals between 10 and 28 September. VOTING INTENTIONS or Nationals and 43 per cent planning to A survey version of the call script was Forty per cent of members indicated they support an independent. emailed or texted to the mobile phones intended to support Labor at the next state LIKELIHOOD OF VOTING FOR A PARTY of those members who could not be election, while 38 per cent of members THAT ENDORSED THE PSA/CPSU NSW’S reached on the phone. were undecided as to which party they CAMPAIGN would support. WORKPLACE ISSUES Apart from their actual voting preferences, Of those who were undecided, 63 per The issues members were most concerned 85 per cent of members indicated they cent did not even know which party they about were casualisation and the temporary would be open to voting for whichever are leaning towards at this stage, while 18 nature of public sector work, along with the party supported the issues around which per cent were favouring Labor, six per cent 12 per cent efficiency dividend. the PSA and CPSU NSW have been the Liberal or National Party and 13 per Members were least concerned about campaigning. cent others. the lack of workplace flexibility. “It was an informative and worthwhile experience speaking to our members about the issues of concern to them with the How likely is it you would vote for a party Which party are you likely to vote for in state election looming,” said PSA General that adopted PSA/CPSU NSW policies? March 2019? Secretary Stewart Little. “It was particularly gratifying to find that VERY UNLIKELY IT WOULDN'T MAKE A SHOOTERS, FISHERS & THE GREENS ONE NATION 85 per cent of members indicated they 1% DIFFERENCE FARMERS 4% 3% 2% would be open to voting for whichever 4% INDEPENDENT SOMEWHAT 3% party supported this union’s campaign UNLIKELY OTHER 4% NOT SURE 1% issues. 9% LIBERAL OR NATIONAL “That so many place that level of trust in 6% their union is a heartening act of faith that I LABOR assure you will not be taken lightly. 40% SOMEWHAT LIKELY “On the other hand, it seems that rather VERY LIKELY 26% than simply being able to stroll over the 59% NOT SURE line in March, Labor has some work to 38% do to convince the almost 40 per cent of members we spoke to that they are worthy of their vote and support.”

January-March 2019 RED TAPE | 11 COLUMNS

FROM THE ASSISTANT GENERAL SECRETARY

TROY WRIGHT

THE STATE WE’RE IN

THE ISSUES confronting the committee in The provision of social services for those I would like to highlight the example of one the course of the Inquiry into the in the community who rely on them must young woman, Ms Kym Flowers, a 34-year- Implementation of the National Disability be the core business of Parliament. old woman who has cerebral palsy, and her Insurance Scheme (NDIS) and the Provision Differing views may be held as to how family, Lee and Penny. of Disability Services in NSW are intimidating this responsibility is to be approached, but Ms Flowers has been a resident of a non- both in sheer numbers and complexity. Our what is clear is that the abandonment of government supported accommodation submission alone traverses many of the public sector service delivery by the state service up until this year. Her diabetes terms of reference of the inquiry, including as is being done in the disability sector is a recently worsened and she now requires relevantly for our members, the industrial unique experiment. Our health sector, our insulin treatment five times a day. On ramifications of the forced transfer of ADHC education sector and our child protection account of her disability Ms Flowers employees to the private sector and the sector, notwithstanding the Tune Report, is unable to administer this treatment consequent issue of workforce sustainability. all rely on a mix of government and non- herself and as it must be supported then Perhaps unusually for a union, we would government service delivery. A total by a registered nurse, she is beyond like to concentrate our attention on an issue privatisation of any of these fields would the capacity of her non-government of public policy, that being the provision of a be considered outrageous. Yet somehow it service provider. Ms Flowers is passed public sector “safety net” of service provision. has been decided that this is an efficient and between NSW Health and the NDIA who The issues regarding the design and appropriate model for disability services. claim her needs be funded as a disability operation of the NDIS are but one part and health issue respectively. In the of the committee’s inquiry and, to some We’re here to help meantime, with no government-operated extent, the problems that arise there are accommodation available any longer in her beyond the control of the State Government From the announcement of this proposal up area and no comprehensive wraparound alone. What we know already, however, is until its implementation, the PSA repeatedly case management service of the kind that any concerns that have arisen through raised concerns with any interest group that previously existed under ADHC, Ms the introduction of the NDIS have been that would listen that this was a proposal Flowers has been a resident of Sutherland exacerbated by the NSW Government’s doomed to fail. Without a public sector Hospital for more than six months. additional decision to cease any level of safety net providing services to those Our calls for the re-establishment direct service provision in its own right. beyond the capacity of the private sector, of a public sector safety net in our The O’Farrell NSW Government, when the PSA predicted people would land in submission are not new. Nor is this negotiating the NDIS with the Federal other, less appropriate services such as position any longer isolationist, it has Government, obtained a condition in the the state’s hospitals, its aged-care system, been supported by other stakeholders, heads of agreement that no other state its child-protection agencies and even including regulatory bodies, non- or territory was granted – that there be no corrections. To consider it in the crudest government service providers and residual service provision by the state. This terms, effectively the cost to the State parents and carers themselves. effectively meant all public sector services Government of providing services to people But we recognise our calls in our within the responsibility of ADHC were to with a disability will be transferred from a submission for the re-establishment be privatised. specialised agency in ADHC to other less of, and investment in, public Representatives of both the Government appropriate services and sectors. Our sector service provision as a safety and the Department have repeatedly submission includes numerous examples net would require brave decision- claimed this was a decision made because of this occurring already, only 12 months making beyond politics. We hope of the introduction of the NDIS. The after implementation. Rather than being a our submission today emboldens experience and position of other states proposal doomed to fail, sadly it is already a the committee to make that step. and territories shows this to be untrue and policy decision that is failing and will continue to claim so is misleading. It was a voluntary to fail without dramatic intervention. This is an edited version of Troy Wright’s abrogation of responsibility, leaving the Our submission is not ideological. submission to the Inquiry into the provision of most basic and essential Rather it contains many case studies Implementation of the National Disability services for the most vulnerable people in and examples of the current system’s Insurance Scheme and the Provision of society to the whims of “market forces”. shortcomings as provided by our members. Disability Services in NSW.

12 | RED TAPE January-March 2019 NEWS

LIVING COSTS SURGING 395 PER CENT FASTER THAN WAGES, ACTU RESEARCH FINDS

NEW FIGURES COMPILED by the Australian account changes in the composition of ... which merely provides a basic safety net Council of Trade Unions (ACTU) show the employment. of protections”. cost of electricity, gas and childcare are “This is important because changes in who “The demise of enterprise bargaining increasing up to 395 per cent faster than has a job can produce misleading impressions over the last half decade coincides with the wages, revealing the extent of the about what is happening to wages.” sharp decline in wages that is evident in the household budget “squeeze” facing More workers depend on various wage indicators referred to in this workers. report.” The ACTU analysis, compiled from ‘basic safety net’ The report recommended the following Australian Bureau of Statistics (ABS) cost “One factor contributing to the wage crisis reforms: of living data, found electricity has has been a collapse in the proportion of • Restoring collective bargaining; increased by 10.4 per cent in the year to workers covered by collective agreements, • Instituting a living wage; June 2018, followed by utilities at eight per especially in the private sector,” the report • Raising public sector pay; and cent, gas seven per cent and childcare six goes on. • Ensuring industrial laws decrease the per cent. Enterprise bargaining peaked in 2011-12 number of insecure jobs. When these increases were compared to and since 2013 “there has been a sharp Low wages ‘product of a the rise in the wage price index, of 2.1 per drop in the number of employees covered cent in the year to June, electricity costs by a collective agreement”, the report broken system’ grew 395 per cent faster than wages, found. ACTU secretary Sally McManus said the utilities 280 per cent, gas 238 per cent, and “In fact there are now nearly 700,000 study revealed “people are feeling the pinch childcare 185 per cent. fewer workers covered by a collective as their budgets are stretched further than PSA and CPSU NSW members have agreement than was the case five years the official data suggests”. received higher wage rises than the 2.1 per ago,” the report said. “And over that period “It is no coincidence that wages are going cent average. total employment has expanded so the backwards at the same time as the number “It is evident that the cost of living for proportion of workers that had the of workers covered by collective these essential items has sky rocketed,” the protection of a collective agreement agreements has collapsed,” she said. “We Australia Needs a Pay Rise report said. declined even more sharply.” need to reverse this trend to bring back “This is why the ACTU is campaigning for This meant the number of workers on an fairness to the workplace and raise a living wage to replace the minimum wage. industry award had “increased significantly Australian living standards.” “The living wage then needs to be adjusted over time to reflect changes in the prices of these ‘basic necessities’. “This would help ensure that no-one working full-time lives in poverty.” The report recommends using alternative Australian Bureau of Statistics measurements for wages and salaries, such as the “average earnings per hour indicator … as part of the National Accounts”, which revealed wage growth had been “around one per cent per annum for the last three years”. “This measure captures a wider range of payments than the WPI, because in addition to basic wages it includes allowances, superannuation and redundancy payments. “Moreover, this indicator takes into

January-March 2019 RED TAPE | 13 WOMEN AT WORK WINS

CALL FOR NOMINATIONS 2019

Prison Officers (Vocational Branch) Advisory Group Election of State Executive 2019-2021 Nominations are hereby called for the following positions on the State Executive of the Prison Officers (Vocational Branch) Advisory Group. Chair Vice Chair Country Vice Chair Secretary Assistant Secretary NEWCASTLE UNIVERSITY Persons nominated must be members of the above branch and be financial members of the DEAL FINALISED Association as at 25 January 2019. NOMINATIONS AND AFTER 18 MONTHS of negotiation, CPSU »» a minimum two-hour payment for CLOSING DATE casual staff for orientation activities – NSW members at the University of Newcastle Each nomination must be seconded plus additional payment for mandatory have a new enterprise agreement. by two other members in the same training as directed. “We were pleased to tell members there electorate as the nominee. was no loss of current conditions,” says Enhanced Parental Leave entitlements Nominees, nominators and CPSU Industrial Manager Blake Stephens. »» additional week of paid leave for seconders must be financial “Uppermost in our minds during the long parents’ partners members of the Association as at process was the desire to ensure current »» a new entitlement of two weeks’ 25 January 2019. conditions would either remain as they are, paid leave provision for loss of a baby Nominations must be submitted via or be enhanced.” between 16 and 20 weeks’ pregnancy Survey Monkey www.surveymonkey.com/r/ Enhancements and new entitlements »» an additional two weeks’ paid leave POVBStateExec2019 »» 10 days’ Domestic and Family Violence for loss of a baby from 20 weeks’ leave separate and in addition to pregnancy The Survey Monkey link for nominations will be emailed to all personal leave entitlements »» 12 weeks’ surrogacy leave, plus eligible members on Thursday, »» new internal advertising of new HEW 5 receiving parent gets access to 30 January 2019. and below professional positions in the adoption leave benefits Nominations will close on Thursday, first instance; »» use of up to two days’ personal leave 28 February 2019. Forms must be »» an increase in super contributions to per annum for volunteering activities completed via Survey Monkey by 17 per cent for all fixed term staff with »» limited cash-out of annual leave in 5pm on 28 February 2019. effect from 30 September 2021 specific circumstances If there is a ballot, candidates who »» enhancements to Aboriginal and Torres »» post-implementation review of wish to have a profile available for Strait Islander Employment provisions, Organisational Change. voters to read should provide a brief including doubling some leave statement of 300 words or less »» improved pathways for more secure provisions and increases to language stating how they will best represent employment allowances members’ interests. »» a new job security clause »» CPSU NSW representation on Diversity Space is provided for this purpose Working Group to address LGBTI+ »» new specific externally sourced on the form available through concerns career development and job seeking Survey Monkey. programs to support all staff J Campbell »» retention of existing detachment seeking to secure fixed term and for G R Bensley periods with a new enhanced option for ongoing roles through competitive detached staff to access a professional Deputy Returning Officer recruitment external outplacement program »» a pay increase of two per cent per annum »» longer notice periods for senior staff to over the term of the agreement.  four weeks

14 | RED TAPE January-March 2019 WINS

NO SCHOOL VISIT BY THE GRINCH

THE PSA Elected Delegates and PSA staff have stopped a plan by the Department of Education to pay holiday leave loading after Christmas. All SAS Staff will be paid their annual holiday leave loading on 13 December, rather than after Christmas Day. “Congratulations to your elected Schools Departmental Committee Delegates who have achieved a great result for all our members in schools,” Garden employees get back pay says PSA Industrial Manager Kris THE PSA HAS WON Botanic Gardens The PSA has also been working Cruden. “SAS Staff have always & Centennial Parklands employees a to ensure Garden staff on 38 hours received their leave loading in the first Christmas bonus, winning up to $1500 for maintain their nine-day fortnight pay period, and many will budget the non-payment of uniform allowances. arrangement. Christmas with this in mind.” The allowance is available as an Gardens staff have indicated this is The Department has also proposed ongoing payment for all eligible Gardens a flexible work condition that provides a way to ensure that SAS Staff will staff in the future. mutual benefits to both the Gardens continue to receive their leave loading In October the PSA met with and its staff. The PSA and members in the first pay period in December in management to negotiate a framework remain steadfast to protect this future.  to expedite a settlement on this issue. important provision. 

TEMPS EARN FULL-TIME STATUS DESPITE THE decision by management The HCC advised the PSA 73 ongoing at Housing to not directly convert long- Client Service Officer roles were filled, term temps to ongoing roles, the PSA’s with all long-term temps succeeding via high-calibre, long-term temp members comparative assessment with external were all successful in the recruitment applicants. A 12- month talent pool has process. been created for those not successful in “Our members proved their capabilities gaining an ongoing role. against external applicants and that they The PSA is advised by the Deputy deserved to be directly appointed to Secretary that more contract roles of up ongoing roles before the department to four years also will be available. This is resorted to external recruitment,” says thanks to additional funding to cover that PSA Industrial Officer Katy Ambler. period. 

January-March 2019 RED TAPE | 15 WINS

BROADCASTER AND PSA GET SHERIFF’S OFFICER BACK TO WORK

THE PSA and broadcaster Ray Hadley publicised the sacking of a Sheriff’s Officer, Glenn Elliott-Rudder, who was captured on CCTV breaking up a fight outside a court in Wagga. PSA HOPES Rather than forcefully apprehend and handcuff the attacker, Mr Elliott- Rudder assessed the situation and lightly pushed the woman away from NEW RANGERS her victim. He was later suspended for his actions, even though they had defused a potential conflict within minutes of it starting. FIRST OF MANY Mr Elliott-Rudder’s position was restored after the PSA publicised his AFTER YEARS OF CUTS to staff levels in who were unsuccessful to discuss their case on Mr Hadley’s radio program. which 100 Rangers and 30 Area Managers further employment and status of their lost their jobs, the PSA has cautiously contracts with their immediate welcomed 44 new Ranger positions in supervisors. Parks representatives also the National Parks and Wildlife Service acknowledged Rangers fulfil a critical role IRC FULL BENCH KEEPS (NPWS). within NPWS structure. POWER TO INTERPRET During the recruitment process 11 “Obviously we’d like to see Ranger DOCUMENTS Temporary Rangers applied for ongoing numbers return to the levels they were roles. Seven were appointed and a further before jobs cuts decimated our service,” THE INDUSTRIAL RELATIONS Commission four were unsuccessful. Fifty-six per cent says PSA Organiser Kim de Govrik. “But (IRC) clarified its powers to interpret of offers were to female applicants. any intake of Rangers is welcome. instruments and other documents and to Further to this the Ranger talent pool has Hopefully these jobs are the first of many make consequential orders resolving almost been exhausted. This being the to come.” industrial disputes in arbitration. case, NPWS representatives have indicated The decision was made by the full bench that there would most likely be additional The PSA has also welcomed NPWS’s of the IRC in an appeal by the PSA against recruitment to fill further vacancies in the proactive approach to deal with bullying an earlier ruling by Commissioner Newall Ranger ranks. The PSA encourages in the workplace. The body has advised that the IRC cannot interpret documents unsuccessful applicants to seek feedback there will be a new package to educate such as a Premier’s Memorandum under from hiring managers first before reapplying managers and staff on acceptable the IR Act. The appeal was successful and for further positions. behaviour. There will also be visits to the full bench overturned the decision The PSA has advised temporary Rangers work sites around the state.  There will be more on this decision in the next issue of Red Tape.

16 | RED TAPE January-March 2019 WINS

nine-day roster without negotiation. THE WORKPLACE THAT FIGHTS With support from the PSA, NSW Police was forced to restart negotiations prior to TOGETHER WINS TOGETHER GASOs having to implement work bans. As a result, a new hybrid roster, which is a A GROUP OF WOMEN at Nepean Police Nepean GASOs were left feeling like they combination of eight-day and nine-day Area Command have found their strength were not being heard and sought PSA HELP. fortnights, is being trialled and is likely to be in a union. PSA Organiser Roland Harris organised around implemented permanently. This shows the General Administrative Support Officers the issue and got existing members to sign up usefulness of the strategy of organising (GASOs) were in dispute with their their colleagues, achieving 100 per cent around industrial issues. management about flexible rosters at the membership among the GASOs at Nepean. Industrial Officer Andrew Wright said that Command, which is an amalgamation of the GASOs at Penrith previously worked a the winning strategy has been a combination former Penrith and St Marys Local Area nine-day fortnight, while staff at St Marys of collective action, effective industrial Commands. Without any negotiation, worked an eight-day fortnight. After trialling strategy, and an organised workplace. management informed the GASOs they both rosters in the combined command, all Local delegate Paula agreed noting, “It were going to implement a combined nine- GASOs indicated they preferred an eight- has been a long road but coming together day fortnight roster with the commencement day fortnight roster, but at the end of the and standing strong to have our voices of Nepean Police Area Command. trials management tried to implement a heard ended with a positive outcome”. 

TWO YEARS OF NEGOTIATIONS END WITH WATER NSW DEAL

AFTER NEARLY TWO YEARS of tough negotiation the CPSU NSW bargaining team – Tim Budd, Andrew Harrison, Scott Butler and Richard Wheatley – reached agreement with WaterNSW. Management offered a new “unified”enterprise agreement to replace the existing SWC Enterprise Agreement and other copied state awards. The two per cent annual increase in wages builds on the 3.3 per cent (2017) and 3.5 per cent (2018) increases secured by the CPSU NSW, and is a substantial improvement on the Corporation’s previous offer and provides scope for growth in real wages over the life of the agreement. Recent inflation figures show the POLICE SECURITY Consumer Price Index tracking at 1.9 per cent, with basic necessities such as electricity (increases of up to 20 per cent IMPROVED year on year), health care (up 3.2 per cent), education (up 2.8 per cent) and WORK FROM THE PSA has led to recent security upgrades to Parramatta Police transport (up six per cent) all putting Headquarters. pressure on household budgets. Special Constable members at the site raised concerns with PSA about the design “Negotiating unified employment of a traffic box, in particular the fact that the design had the door swinging outwards conditions for WaterNSW staff has into exiting traffic. This presented a serious work health and safety risk to members been a complex process and must be in the event of a car colliding with the door as staff exited the traffic box. viewed in the context of a hostile Following several meetings between the PSA and NSW Police, as well as the political environment,” says CPSU NSW involvement of SafeWork NSW, the swing of the door was reversed. Industrial Manager Blake Stephens.

January-March 2019 RED TAPE | 17 FEATURE Rebuild our TAFE

FOR MANY DECADES, Australia’s infrastructure and top-quality staff they larger share of post-secondary resources vocational education was internationally were once famed for. Public faith in the to university education – despite growing recognised as one of the best in the world. value of vocational education has been evidence that skilled trade workers, not Well-resourced, high-profile TAFEs were shaken by repeated scandals – such as the university graduates, will be in shortest the “anchors” of vocational training – frequent collapse of fly-by-night training supply in the labour market of the future. embedded in cities and regions right across operators, leaving thousands of students TAFE is now in deep crisis, facing a the country. They provided high-quality, and their families in the lurch – and by the loss of critical mass in many locations, job-relevant training; they liaised with general lack of cohesion and stability. With inability to attract students (confused by employers and industries to meet future the perceived value of vocational education the incoherence of the overall system) and labour force needs; they were accessible to tarnished, governments shifted an even both retrenchment and low morale among young people from all socio-economic and staff. This crisis could be terminal without cultural backgrounds. In short, the TAFEs urgent action to restore stability to TAFEs were a crucial building block of Australia’s and dismantle the phony market that has postwar economic prosperity. decimated vocational education. Then a meeting of the Council of Australian A DISASTER IN VOCATIONAL The failure of Commonwealth vocational Governments, the peak intergovernmental EDUCATION HAS BEEN policy has been compounded in NSW forum, made formal agreements requiring UNFOLDING IN SLOW by repeated funding cuts imposed by all funding for vocational training be 100 Premiers O’Farrell, Baird and Berejiklian. In MOTION per cent competitive throughout Australia. total, these governments cut $130 million Suddenly TAFE colleges were competing from annual state support for the TAFE against privately run institutions for every dollar. On the assumption that private markets always know best, for-profit operators were supported to set up shop, attract students with often-dodgy promises (like ‘free’ iPads) – and cream off as much as they could in profits and commissions. Of course, this artificial “market” was never required to actually stand on its own two feet: it was subsidised from the beginning with enormous government resources, delivered through many channels (including the scandalous VET FEE-HELP). A disaster in vocational education has been unfolding in slow motion ever since. The new system makes it impossible to maintain the first-class training

18 | RED TAPE January-March 2019 FEATURE

ON THE FRONT FOOT: THE CPSU NSW STANDS UP FOR TAFE THE CPSU NSW has been on the front consequence or other resources usually The CPSU NSW’s overall campaign foot to save TAFE. associated with an educational facility. aims to get people talking about the state Delegates, members, staff and These are what is left when existing TAFE of the TAFE system and lobbying MPs supporters have been at railway stations, campuses are closed down and the land over its fate. There is also a postcard bus stops and shopping strips throughout sold off. campaign, where people can send cards the state, letting people know just how Campaigning has taken place in a to their local MPs demanding they do badly vocational training has been variety of regions, from wealthier suburbs more for a government-run vocational neglected in the state. in the east to more blue-collar suburbs, training provider. CPSU NSW Organiser Shane Jobberns yet the reaction has been uniformly in “People need to know that even if has travelled the state, visiting campuses, favour of rebulding TAFE. they never set foot in a TAFE college, railway stations and town centres “We are getting so much upbeat they still depend on a well-funded, drumming up support for the organisation feedback from commuters and people on efficient public vocational education he once worked for. He has left a trail of the street,” says CPSU Communications system,” says NSW Industrial Manager signs in his wake alerting voters to the Manager Marianne Ledic. “So many of Blake Stephens. state of TAFE. them understand TAFE is an important “Do the people of NSW want qualified “We have covered south, west, north and part of people’s lives. We have had parents tradespeople they trust working on their east of the state,” he says. “We’ve done it worried about their kids’ prospects, tradies homes, on their cars and with their all; Nowra, Bega, Wollongong, the Hunter, who remember what TAFE did for them children? Do they want young people in Armidale, Tamworth… the list goes on. and people worried that NSW is losing its their communities to have affordable “The reaction we are getting is positive. skilled workforce. pathways to rewarding careers, without People are surprised as they often “Even a private vocational college owner massive debts, or to languish in long-term weren’t aware of the state of the TAFE has wished us luck with our campaign. unemployment? Will people ask they get system. “We are getting positive feedback from closer to their retirement age want access “People who do know the situation are MPs who are concerned about TAFE – and to further training to keep their jobs, to concerned about campuses being who see that the electorate shares these reskill for new jobs or to nurture hobbies replaced with Connected Learning Centres concerns.” for a rewarding retirement? and trades being lost.” The CPSU NSW has set up a website – “All these depend on well-funded, and Connected Learning Centres are a one- ourtafe.org.au – that can alert users to publically run TAFE system that is not stop shop in smaller centres where campaigning information, news updates competing against cut-price private students are expected to log onto a and background information on the colleges or competing against other computer and study their course remotely. Government’s decimation of a once-great public education providers who leave There are no lecturers, libraries of any learning model. their students with a large debt bill.”

January-March 2019 RED TAPE | 19 FEATURE

system in NSW, already reeling from the used to describe this experiment, private participation in vocational training, loss of student revenues arising from the provision of VET is enormously subsidised including both apprenticeships and Commonwealth policy. And the elimination by government – including through poorly traineeships, has fallen sharply. Belated reforms to student assistance plans, of more than 5000 TAFE positions here since controlled support to students that clearly imposed in the wake of numerous scandals 2012 is destroying the ability of NSW TAFEs wasted public resources and fostered among for-profit providers, reinforced the to provide the full range of services and unethical and unproductive practices decline in enrollment – because there was support that vocational students deserve by for-profit VET providers. This subsidy no commitment of resources to TAFEs and and need – despite the heroic efforts of exploded more than 50-fold between 2009 other more genuine VET streams, as remaining staff to take up the load. and 2014, to more than $1.3 billion a year. alternatives to dodgy for-profit providers. In NSW, TAFE employees are left to languish Billions of dollars of those payments are for years in casual and long-term temporary now unrecoverable because of the failure Funding cutbacks positions, while managers stand in the way of of private providers and the uselessness of Reductions in funding for vocational staff taking their accredited flex time. credentials which students obtained. education have sparked a destructive The Centre for Future Work recently • Another consequence of marketisation vicious circle: reduced enrolments lead reviewed the history and consequences has been the near-collapse of TAFEs as a to further funding cuts, further damaging of the failed marketisation of vocational reliable, quality, publicly-accountable core the quality of vocational training, further education in Australia, in a special provider of vocational education. Forced reducing the incentive for students to report presented to the 2018 National to compete for students and funds against enrol and undermining the confidence of Manufacturing Summit held at Parliament for-profit providers and further undermined employers in the whole system. House in Canberra. The Centre’s report in most states by funding cutbacks by state Funding cuts occurred even as the size focused on the problems for workforce governments, TAFEs struggle to clarify of the workforce and associated training development in manufacturing as a their mandate and maintain a critical mass. needs have steadily expanded. Expressed in result of the breakdown of Australia’s These factors have devastated the real per capita terms, therefore, the decline vocational education system. Along with vocational training system in all parts of in funding has been even worse. mining, construction and hospitality, Australia’s economy, but some sectors have manufacturing is one of the economic been especially hard hit because of their TAFEs decimated sectors most dependent on vocational reliance on technicians and trades workers and training. However, the root causes of the their rapidly-evolving requirements for skilled Under marketised delivery, TAFEs were VET crisis and the obvious solutions, are labour. However, all parts of the economy meant to compete on the same ground relevant for all sectors. Here, excerpted ultimately depend on a reliable supply of first- as private providers for publicly subsidised from the full report, are highlights of the class trained graduates and hence all will be student dollars. But private providers did not Centre’s research and a list of immediate damaged if the crisis is not fixed. face the same infrastructure requirements priorities for repairing the system. Falling enrolments or costs and could entice students with often-misleading promises, gimmicks and The marketisation of vocational education incentives. TAFEs were stranded by the shift It is impossible to exaggerate the severity reached its crux in the first half of this of resources to private VET provision and decade, following the extension of VET of the crisis facing national vocational the shift to universities. This reinforced the FEE-HELP payments. After a short-lived education and training (VET) in Australia, vicious circle: cash-strapped campuses had surge in enrolments, especially in non- including NSW. It has been wracked by a to pare back their own offerings, further trades training programs, total devastating combination of policy errors undermining their reputation with students and fiscal mismanagement, including: and employers alike. • A long-term decline in state and Total hours of training offered by TAFEs Commonwealth fiscal support, with in Australia declined by 30 per cent from government post-secondary education 2009 through 2016 under the marketisation expenditures increasingly concentrated experiment, in contrast to a near-doubling in the university sector. of privately provided hours over the same • A devastating and failed policy experiment period. This decline was exacerbated by with the marketisation of vocational a simultaneous 10 per cent decline in real education services, whereby control over funding from government for each hour of course offerings, course delivery and TAFE training. TAFE staffing levels have also student recruitment was decentralised been decimated in line with falling enrolments to a supposed “market” dominated by and budgets. More than 15,000 TAFE positions for-profit training providers. As leading were cut nationally over the past five years – Australian economist John Quiggin with one-third of the losses occurring in NSW. has bluntly summarised, “Worthless Curriculum challenges qualifications have proliferated, driven by incentives and exploited by fraudulent In the context of chronic underfunding and for-profit enterprises.” the misallocation of resources through failed • Despite the language of “accountability” marketisation, the need for VET providers

20 | RED TAPE January-March 2019 FEATURE

qualifications. Employers may also be more the contracting out of many functions to willing to fund employees to attain these independent operators who are nominally “micro-competencies,” rather than support self-employed, but heavily reliant on a them to attain broader, more complete particular dominant “customer”. TAFES CAN ONCE AGAIN qualifications, certificates and diplomas. Across Australia’s economy as a whole, SERVE AS ANCHORS OF Competency-based, fragmented the share of employment which reflects packages of knowledge address narrow, one or more of these dimensions of THE WHOLE VOCATIONAL company-specific requirements; they insecurity now exceeds 50 per cent. Very SYSTEM – BUT ONLY IF OUR don’t allow workers to accumulate few temporary, labour-hire, or contract GOVERNMENTS HAVE THE comprehensive, recognised and portable workers would have access to any forms POLITICAL WILL TO ADMIT qualifications. This inhibits the ability of the of support for acquiring vocational skills. THEIR PAST MISTAKES workforce to respond, adapt and redeploy Ironically, these are the same workers who in the face of changes in product demand, would benefit most from the more secure to continually upgrade and modernise their technology and personal circumstances. and permanent forms of employment that course offerings and to develop entire new Our interviews with key informants good VET could help them attain. qualifications in line with the emerging from various economic stakeholders For CPSU NSW members at TAFE, there needs of the economy, has largely gone confirm widespread concern with this are hundreds of long-term temporary, unmet. The skills most needed by modern fragmented vision of VET provision. And casual and agency employees, who the employers are more complex than particular this approach runs counter to the identified union is fighting to gave employed more qualifications. Rather, employers are seeking need of workers to possess a range of skills securely. While these efforts are often a more comprehensive set of skills and and competencies which can be flexibly successful, it is small groups of members at attributes, reflecting the more challenging, applied to evolving and complex workplace a time. While this effort is time-consuming, judgment-based and technology-intensive challenges. The greater the extent to which the CPSU NSW is determined to ensure as nature of modern jobs. Quality vocational training is focused on employer-specific many members as possible have secure education therefore requires constant micro-competencies, the less will workers work. attention to the modernisation of curricula, be able to transfer their skills to other firms skill sets and entire qualifications. But or sub-sectors; this further reduces the without energetic leadership and adequate capacity of the sector to respond to changes resources to modernise the content and in sectoral and occupational composition. TAFE NSW structure of VET offerings, it is not likely Precarious work these changes will be realised. A related problem is the increasing A final factor that has contributed to the JOB LOSSES concentration of training around small, failure of vocational training is the visible fragmented content units. The marketised shift across the labour market toward more For job losses: the figures below user-pay delivery model for VET in precarious forms of employment. This show that up to 4,708 jobs (30%) Australia exacerbated this problem, since includes a growing incidence of part-time have been cut since 2012. it is less expensive for students to enroll in work, which now accounts for almost one- Employees FTE* narrower, “bite-size” topics – as compared third of all employment, the widespread use 2012/2013 15658 to undertaking full, comprehensive of temporary jobs and labour-hire firms and 2013/2014 13108 2014/2015 ** 11375 2015/2016 10589 2016/2017 10470 2017/2018 10905 2018/2019*** 10950

Enrollments 2012 579719 2013 555452 2014 535089 2015 431868 2016 543309 2017 516700 * underestimates job losses ** Oct 2014 John Barillaro takes over Skills portfolio and TAFE transferred from Education cluster to Industry *** forecast

January-March 2019 RED TAPE | 21 MENTAL HEALTH CONFERENCE

MIND THE GAP THE PSA AND CPSU NSW PUT MENTAL HEALTH ON THE WORKPLACE AGENDA

ATTENDEES AT the first ever PSA and However, despite the prevalence of mental before conditions such as his are “treated the CPSU NSW Mental Health Conference stress, Ms Tebbutt said “many people did not same way as the common cold” and that vowed to ensure the Government – and seek help because of stigma”. She said that people don’t “reel backwards” when any future Government – take a stronger workplaces are critical in breaking down this confronted with a colleague admitting to poor line on creating safer workplaces. stigma and creating a supportive environment mental health. The PSA and CPSU NSW is building an for mental health problems. And this support He talked about developing strategies to emphasis on mental health in the workplace. will help the balance sheet, too. read his own symptoms and the importance “The conference is a great way to make “There are financial benefits to promoting of keeping his employer informed about his sure workers, their colleagues and, most mental health in the workplace, returning up mental illness. importantly, their employers, take mental to four dollars for every dollar spent,” she said. “Mr Hamilton’s talk shows us how health in the workplace seriously,” said “Simple strategies such as increased job important it is to keep bosses in the loop General Secretary Stewart Little. control and formal therapeutic training would when dealing with mental illness at work,” Speaker Carmel Tebbutt, from the NSW produce a collective $4.6 billion saving for says the PSA and CPSU NSW’s Stewart Little. Mental Health Coordinating Council, was the Australian workplaces.” “This is why we are talking to SafeWork about first guest speaker. She talked about how the Craig Hamilton, from mental health getting mental health risks managed in the roles many PSA and CPSU NSW members advocacy group Beyond Blue, talked about same light as physical risks in workplaces.” have at work puts them at greater risk of how “most of the area around mental health “When people come up and speak about mental health stress. is not seen – it is below the water line”. mental health, it does break down the “Many PSA members work in very high- Mr Hamilton, a former sports broadcaster, barriers,” said PSA Senior Vice-President and risk roles, whether it be in Child Protection, talked about his own battles with bipolar Prison Officers Vocational Branch Chair Disability Services, Juvenile Justice or disorder, which reshaped his previous Nicole Jess about Mr Hamilton’s presentation. Corrective Services,” said Ms Tebbutt, a attitudes that fighting mental illness involved “It is going to make it a lot easier for us in our former Deputy Premier of NSW. “getting on with it”. workplaces to talk about it. However, she pointed out that mental “I realised not even 12 months later it is not “Prison officers don’t like to admit when they health issues can strike in any workplace, as simple as saying ‘just get on with it or just have a problem. This is one step in moving and that “one in five Australians get over it’.” forward to assist all of us in our workplace.” experiences mental ill health in any given While he conceded society “has made Victorian Secretary of the CPSU, Karen year”, making it the country’s “largest steps forward” in removing the stigma, Mr Batt, talked about how her home state’s single cause of disability”. Hamilton said there was still a way to go government is tackling mental health at work,

22 | RED TAPE January-March 2019 MENTAL HEALTH CONFERENCE

Allison Corrigan, Senior Caseworker in reduce the impact and severity of mental FACS and a PSA Delegate, talked about the illness on working-age people.” STATISTICS mental health challenges she and her Ms Rubic said workplaces that improve colleagues face working with Child mental health reap many benefits, including Data published by the State Protection services. a more productive workforce. Insurance Regulatory Authority “I have tragically witnessed two of my She said SafeWork has found the NSW shows government workers have a colleagues at the Help Line die from suicide,” public sector has a very poor performance for worse workers’ compensation she said. “Both were colleagues and one in mental health in the workplace, “so we need experience particular was a dear friend of mine. They died to get our own backyard fixed up before we than other industry sectors: while doing their job.” go to NSW businesses as the Government “Workers compensation statistics for NSW and tell them they need to be doing this”. • 2015/16 there were 393,442 State show the government sector has the highest Kirsty Membreno from the Police Government employees (10.3 per incidence of mental health injuries.” Association talked about that union’s cent of the NSW workforce) who Erica Rubic, from SafeWork NSW, talked resilience program. accounted for 18.1 per cent of all about her organisation’s “road map, which compensation claims sets out a strategic direction for Work Health • there were 50,805 claims in the and Safety in NSW”. government sector for the three-year She said the strategy aims to “protect period to 2015/16, which cost $863M against harm, reduce unnecessary compliance and resulted in 644,470 weeks of lost costs and secure safety standards”. work time “THE SYSTEM HAS BEEN Ms Rubic said the road map has exceeded PSA and CPSU WHS Industrial Officer DAMAGED BY PRIVATISATION, its original targets, “so we recently Ian Tuit says that the picture for mental POOR REGULATION AND published new, more ambitious targets; a diseases is “far worse for government UNHEALTHY COMPETITION” workers”: 30 per cent reduction in fatalities, 50 per cent decline in serious injuries and illnesses, • the average claim from the and a 50 per cent decline in serious “Obviously policing is a very dangerous government sector cost $16,997 and resulted in 13 weeks of lost musculo-skeletal injuries”. job,” she said. “When you have a look at the work time. The average mental “We are encouraging all workplaces to go work they do, there is no doubt they get disease claim for the government above and beyond the legislative injured, both physically and psychologically. sector cost $59,125 and resulted in requirements and regulations.” That is a particular concern for us.” 33.7 She said the challenge for managers and Reacting to this, the Police Association has weeks of lost work time workers is to understand that the workplace formulated its resilience program to prevent Mr Tuit said, “These data show the can have a positive or negative effect on injured workers just being dumped from the importance of preventing mental employees’ mental health. force with a lump sum payment and no back- health problems in the workplace. “We spend approximately one-third of our up support. Psychological injuries are costly to adult lives at work, so SafeWork sees this as “We had to do something different,” workers and their families.” a great opportunity to use the workplace said Ms Membreno. “It was no longer just

highlighted by the fact the state’s Police Minister, Wade Noonan, took three months’ leave “to cope with the constant exposure to details of unspeakable crimes and traumatic events” he experienced on the job. Ms Batt talked about the importance of using injury data to make sure mental health issues are properly dealt with. Among the big challenges her members face is adequate recognition of vicarious trauma. Ms Batt said unions have a big role to play in keeping the issue of mental health in the workforce in the legislative arena. “You can make a change to what is happening,” she said. “All political parties should commit to rolling out a charter for mental health and wellbeing as something fundamental they will do if elected in March 2019.”

January-March 2019 RED TAPE | 23 MENTAL HEALTH CONFERENCE

acceptable only to train Police Officers “We used a lot of the material from the to be physically fit and proficient at what Canadians and we developed what we called PSA and CPSU WHS Industrial they do. a Career and Reliance Education Program.” Officer Ian Tuit says that workers “Psychologically, we needed to do The Police Association partnered with can contact SafeWork on 13 10 50 something. We needed to place pressure on the NSW Police Force to roll out the to discuss a problem or request a the Government and the NSW Police Force. resilience package. visit from a safety Inspector. But for us, as a union, we had to also have a Jon Goddard, the Member Support “Their website www.safework. look at our own backyard and not just look Coordinator for the Police Association, gov.nsw.au has publications on at the entitlements.” talked about his role in “looking after our risks like bullying, violence, She said the Police Association’s people”. fatigue and mental health.” resilience program was drawn up after “The doctors treat, the insurance The PSA can also be contacted psychological health had been ignored “for companies manage and pay out, but how else for WHS advice and support on many, many years”. could the Police Association jump in and help 1300 772 679. “We travelled to Canada to look at how members in this time of need?” he said. “We they deal with psychological risk,” she have a system called the Police Association said. “Canada is recognised as a world Welfare Assistance scheme. how to better recognise and manage leader for their approach to psychological Mr Goddard talked about the challenges psychological risks in their workplaces,” risk in the workplace. facing Police Officers, many of whom are says PSA and CPSU NSW WHS Educator totally focused on their jobs, and are Suzanne Mann. “Members are always involved in “a complex workers’ asking us for assistance on mental health compensation system”. issues. So we are really pleased the union The following was able to provide first-class speakers organisations provide There were four workshop presentations at with practical advice. We are already crisis support and the conference. Academic Dr Carlo planning for next year’s conference.” assistance: Caponecchia talked about practical • Mental Health Line approaches to managing psychological risks. 1800 011 511 SafeWork NSW Inspectors Jasmina Budisa • Lifeline 13 11 14 and Megan May spoke about the role of the workplace safety regulator. Brad Parker • beyondblue 1300 224 636 talked about the highly successful MATES • Headspace 1800 650 890 suicide prevention scheme, while Andy Smith, Bevan Hanlon and Brodie Green from • Salvo Care Line 1300 363 622 Corrective unions in Western Australia and • Mensline 1300 789 978 New Zealand talked about their strategies to prevent members taking their own lives. • Suicide Call Back Service 1300 659 467 “Feedback from participants was that the conference gave them information on

24 | RED TAPE January-March 2019 CENTRAL COUNCIL

DUBBO MEETING HIGHLIGHTS REGIONAL STRENGTHS

THE PSA AND CPSU NSW held a Central Secretary Stewart Little later talked about Council meeting in Dubbo for the first the vital role the public sector plays in time. regional areas of the state. COUNTRY AREAS The second regional meeting held in “It was just so good to highlight the regional NSW since the present executive important role that our members play in BRING UNIQUE was elected. The current PSA/CPSU NSW regional communities,” he said. “Not just CHALLENGES Executive’s election campaign had because of the frontline services they included a commitment to take Central provide, but also the critical role the Regional cities, small towns Council meetings to the regions. public sector has in those regional and country areas often have less diverse economies than capital In addition to the Central Council economies. cities, making them more vulnerable meeting, the meeting also held a “The forthcoming election has to be to changes in specific industries. candidates’ forum for the state seat of about jobs. It has to be about regional Large-scale job losses as the Dubbo. jobs. It has to focus on the jobs that have electricity-generation industry was The attendees heard campaign pitches been cut and privatised by the current outsourced, for example, had from Labor’s Stephen Lawrence, National Government.” particularly severe effects on the Party candidate Dugald Saunders and In an interview with the local paper, the Hunter Valley. former mayor Matt Dickerson, who is Daily Liberal, Mr Little pointed out there running as an independent. had been local job cuts, including “a 20 per Public sector jobs, therefore, play Current member Troy Grant, the former cent cut at the Taronga Conservation an important role in stabilising National Party leader, is retiring at the Society, with 20 jobs gone and a 25 per local economies. The facility in next state election, which will be held in cent cut to the environment sector overall Parkes that processes licences, for March 2019. among others including cuts to the NSW example, injects money into the All three candidates were in agreement Industrial Relations unit in Dubbo, the local community as its staff spend about the need for the next administration State Emergency Service and Juvenile money in local businesses and to commit to creating jobs in regional Justice”. create demand for other services, NSW and to strengthen public services in Another candidates’ forum was held in stimulating more employment. the bush. Broken Hill, part of the massive seat of In a video to members, General Barwon, on 10 December.

January-March 2019 RED TAPE | 25 WOMEN AT WORK

A WOMAN’S PLACE IS EVERYWHERE

STORIES FROM PSA and CPSU NSW fight was seen as a legitimate way to regularly locks horns with. “There are no women working in male-dominated resolve issues. female directors,” she says. “There are only industry took centre stage at a union event “I can remember a time when the three two female assistant commissioners and in held in November. centres on the Silverwater Complex were the 30 years I have been a prison officer The PSA/CPSU NSW’s Nicole Jess and having a complex meeting,” she said. there has never been a female Phoebe Dangerfield were among speakers “There were mostly men present as the commissioner.” at the NSW Women in Male-Dominated other two centres were male centres. Our She urged women in fields such as hers Organisations and Industries (WIMDOI) female members were being overshadowed “to support each other and encourage conference. Opened with a Welcome to by the males. younger females to become union Country by the PSA’s Ann Weldon, the “At the meeting, I asked a question members”. event talked about the particular difficulties which went against what one of the male Phoebe Dangerfield, an Industrial Officer faced by female employees in workplaces delegates was trying to put forward. He who works in the universities and TAFE dominated by men. offered me out to the car park to sort out fields, talked about the way her union has The PSA and CPSU NSW’s many female the disagreement. I am not really scared placed women’s issues on the agenda in members in male-dominated workplaces of anything other than spiders, I said to workplaces. face a variety of challenges. Some are him, ‘Let’s go’, knowing I was in trouble if Ms Dangerfield cited the “delegate-driven practical – fewer toilet and change facilities, I went out, but also knowing that if I through personal experience” cessation-of- for example. wimped out I would have lost respect from pregnancy leave won by the CPSU NSW Others are less apparent at first glance. everyone. Ausgrid. The provision gives parents six There are fewer female mentors, while bias, “He was put in his place by members who weeks’ leave if the child is lost between 16 unconscious or otherwise, will have males knew me and he lost his argument.” and 20 weeks, and 16 weeks’ leave if carried promoted faster than their female Ms Jess pointed out that strong, well- any later. colleagues. More sinister challenges include organised women have an important role This was used as an example of “show inappropriate posters and material in to play in campaigning against privatisation and tell” negotiating, where management common areas, sexist comments and and outsourcing, even if they aren’t working was presented with the stark reality of harassment and social ostracism. for the organisation. stillbirth and the expectation that Chair of the PSA’s Prison Officers “Cessnock Prison, in my opinion, was parents will simply return to work soon Vocational Branch (POVB), Nicole Jess is the saved from privatisation by the wives of afterwards. first women to head a corrective officers’ members at that centre,” she said. “They The CPSU NSW’s gains in the state’s union body in Australia. Her powerful got together and met with local members, university campuses were also mentioned. speech to WIMDOI talked about her rise in met with media and rallied nurses, teachers These included increases for Domestic and the ranks of a male-dominated industry and other professions to join the campaign.” Family Violence Leave at the Australian long associated with toxic aggression and Ms Jess compared her rise in the PSA Catholic University, UTS, Wollongong, the machismo – to the extent that a physical ranks favourably with the bosses she University of NSW and at Macquarie.

26 | RED TAPE January-March 2019 WOMEN AT WORK

There have also been improvements to unions such as hers help Muslim women Parental Leave, Surrogacy leave, Stillbirth feel empowered in the workplace, telling ACTU releases sobering Leave and, in the case of UNSW, Gender the conference “wearing the TWU flag gives statistics on sexual Re-Assignment Surgery Leave. me strength and confidence”. harassment Ms Dangerfield pointed out the Labor’s Shadow Minister for Skills and importance of ensuring bargaining points Education, Prue Car talked about another MORE THAN 60 PER CENT of women were presented as something that will area covered by the CPSU NSW, the TAFE have been sexually harassed at work, benefit all workers, and not just ‘women’s system. She committed an incoming ALP yet fewer than half of those harassed issues’ – pointing out benefits such as Government to restoring the provider have reported the incident, conversion clauses, parental leave, and reversing cuts to the vocational according to the interim results of a superannuation, the chance to bond with system that have been inflicted by the survey being run by the peak body children and the chance to return to work past eight years of Liberal National for working people, the ACTU. in a part-time capacity can be enjoyed by Government. Of those who answered questions all workers. In closing the conference, Emily Mayo of about their experience of sexual Other speakers included the Secretary of the Australian Manufacturing Workers harassment, 61 per cent of women and the Australian Council of Trade Unions, Sally Union expressed a desire that in the future, 35 per cent of men said they’d McManus, who told the room, “if he can do “more of the men in our movements and in experienced sexual harassment at work. it, you most certainly can”. our world would deeply understand the Harassment included crude or Unions NSW’s Emma Maiden also talked privileges they have”. offensive behaviour, unwanted sexual about reforming the workplace to make it PSA President Kylie McKelvie says the attention, inappropriate physical more inclusive to women. conference was a great success and will be contact and social media harassment. Other attendees at the event included a regular event on the union calendar. “Until The survey also found that 64 per workers in the maritime industries, we have pay equity, an equal number of cent of people had witnessed sexual transport and construction. women in management and an absence of harassment at work. Transport Workers Union (TWU) NSW calls to unions about sexual harassment, Despite the prevalence of sexual official Ashma Khan talked about how WIMDOI is here to stay.” harassment revealed by the survey, of those who’d witnessed sexual harassment in their workplace two- thirds did not make a formal complaint, and 40 per cent didn’t tell anyone at all. More than half feared negative consequences if they spoke up. “For many people – mainly women – today in Australia this is not the reality. Our workplace laws have failed women who are experiencing harassment at work,” says ACTU President Michele O’Neil.

UNION STAFF ON COURSE TO FIGHT DISCRIMINATION

A NUMBER OF PSA and CPSU NSW staff attended a course on workplace discrimination by the NSW Anti- Discrimination Board. Staff went through various successful and unsuccessful discrimination cases. “The informative course gave our staff an insight into the definition of workplace discrimination, with examples that had succeeded in front of the Anti- Discrimination Board, as well as those that had not,” says PSA and CPSU NSW Training Office Anne Kennelly. Staff have also performed in-house courses on keeping sexual harassment out of the workplace.

January-March 2019 RED TAPE | 27 WOMEN AT WORK

President Kylie McKelvie and Elanor Canning from Legal Aid were among the PSA/CPSU NSW delegation at the round table. The testimony from Donna

“Quick girls, lock yourself in the ladies’ toilets and don’t make a sound. Your father has just pushed past the security guard at the gatehouse and is on his way here,” said Mum. Trembling and crying we did as we were told. With no relatives and little help, Mum was forced to take us to work with her when she left our violent father as Christmas school holidays had just started. She worked in a large company canteen. The security guard called the police. It happened just before lunchtime and the canteen was packed with workers. His aim was to steal my sister and I away from my mother. She had left after we had intervened at age seven to stop him choking her. She slept in a single bed in our bedroom between my sister and I as we were her only protection between living and dying. Even when Mum saved enough money UNION WIN MEANS WE for a bond and we were able to escape, his relentless physical and mental abuse had WON’T WAIT ANY LONGER us sitting in the dark each night, too afraid that he might find the unit we were living in. THE PSA AND CPSU NSW celebrated a “This is a win for members, that we Mum had no money, except for her wages win for members with the Government always hope our members won’t have to and no-one she could leave us with during agreeing to improve Family and Domestic use,” says General Secretary Stewart Little. the day. So on this day not only did she have Violence (FDV) leave to all public servants “Unfortunately with the estimated death to endure the indignity and humiliation of all from five paid days to 10 paid days. toll for 2018 of 65 women killed in domestic of the company’s workers witnessing this This agreement comes after a push by violence situations so far, it is still event, she also had to deal with the damage the PSA, CPSU NSW, Unions NSW and the unfortunately more necessary than ever. this did to her children. ACTU over the past few years to have the “The PSA welcomes this win as it Had she had an opportunity for paid leave 10 days’ paid leave included in all awards as provides support and security for victims she would have been better able to organise part of the We Won’t Wait campaign. of domestic violence whilst they transform our care and our father would never have Members will no longer have to exhaust their life to escape domestic violence.” had cause to visit her workplace as we would other leave before accessing the 10 The award clause (Clause 84.11 in the never have had to be there. Not everyone available days. Crown Employee Public Service Conditions has the support and means by which to leave In October the PSA and CPSU NSW, of Employment) provides paid leave so a domestic violence situation. Sometimes it along with members from Corrective members in a family and domestic is a matter of life or death if you don’t leave Services, Legal Aid and Unions NSW met violence situation can be absent to and it has to be done quickly. Please take with Domestic Violence Minister Pru undertake actions such as seeking legal this opportunity to support paid domestic Goward to ask for the provision. advice and court orders, seek refuge and violence leave so people like our Mum and PSA member Donna – whose surname moving of house, changing school for us at the time as little children never have has been withheld – gave an insight into her children and be confident that their job is to suffer like we did that day. The impact of life as the child of a woman fleeing family and secure and they will have money to make his violence in the lives of my sister and I led domestic violence. She used her experience these adjustments. us to not ever having children of our own. to point out that too often women are forced The amendment is to come into effect We could never put another child in the to choose between staying in a dangerous from January 1, 2019 and is welcomed by situation we found ourselves in on that day. domestic situation and forgoing paid work. the PSA which has been asking for this Paid domestic violence leave would have Her testimony is right. improvement for years. made a difference to us all.

28 | RED TAPE January-March 2019 WOMEN AT WORK

Attendees thanked for gifts THE UPLIFT PROJECT and Share the Dignity have thanked the PSA and CPSU NSW for their efforts collecting bras and sanitary and beauty products at this year’s Women’s Conference. In a letter to conference attendees, Uplift Project’s NSW Co-ordinator, Anna Davis, thanked the participants for donating bras for women in developing countries, particularly the South Pacific. “Thank you so much for your generous financial and material support of the Uplift Project, and for the opportunity to raise awareness of the charity at this Women’s Conference,” she wrote. “May I please refer you to our website – www.upliftbras.org – for information on donating bras and assisting us in meeting shipping costs.” GENDER GAP SHOWS The letter also described the Uplift WORK TO BE DONE

AT PRESENT RATE of improvement, can fight to cut the pay gap. It is vital women have a 19-year wait ahead more workers in NSW join their unions before the gender pay gap is dead and today.” buried. The Australian Council of Trade The Workplace Gender Equality Unions (ACTU) is calling for all political (WGEA) report released in November parties to commit to structural reform shows that the gender pay gap of Australia’s workplace relations rules remained at an unacceptable 21.3 per to make them fair for women, including cent for average full-time total overhauling the collective bargaining remuneration, or $25,717 per annum, system, introducing 10 days’ paid family despite a slight narrowing of 1.1 and domestic violence leave, and percentage points. introducing flexible work rights. The report found gaps still persist in The ACTU has also called for every industry, occupation, and stronger powers for the Fair Work manager category. It also found access Commission to proactively tackle Project’s history: “Since 2005, Uplift has to parental leave had not improved – gender inequality, including the collected and distributed over a million with the provision of primary carer’s establishment of a new expert Gender bras to countries including Fiji, Papua New leave actually going backwards. Equality Panel, giving the Commission Guinea, Vanuatu, Cook Islands, Tonga, The consistently high gender pay- the power to hear and determine Solomon Islands, Philippines, Bali, gap feeds directly into alarmingly low sexual harassment and sex Cambodia, Sri Lanka, Botswana, Uganda retirement savings for many women, discrimination claims, and and Pakistan. who on average are retiring with 47 implementing stronger pay equity “Within Australia, bras and underwear per cent less superannuation than provisions. have been transported to the Northern men. “The ACTU expects all political Territory and Kimberley regions and to “More needs to be done so we get leaders to make closing the gender pay women’s refuges and other organisations true pay equity in our workplaces,” says gap a priority and we know that changing assisting women.” PSA President Kylie McKelvie. the rules in our workplaces is key in At the Women’s Conference, attendees “Unionised workplaces are more likely making that happen,” says ACTU brought new and used bras for the Uplift to have lower pay gaps. All the President Michele O’Neil. “A gap in pay Project, as well as sanitary items, shampoos conditions of employment Australians between men and women of $25,717 is and other products for Share the Dignity, enjoy today are the result of union still too high – there should be equal pay which hands them on to homeless women pressure. Together workers and unions for men and women.” and those experiencing domestic violence.

January-March 2019 RED TAPE | 29 WHS

which is why the concept has met with resistance in areas such as Legal Aid and the Crown Solicitor’s Office (CSO). In environments such as these, where client PSA SAYS NO TO confidentiality is a priority, the ability to close a door is vital. As one member at the CSO told the PSA, “A fundamental requirement of any legal practice is the maintenance of client confidentiality. This is even more important at the CSO where we deal with highly sensitive government matters, PII, health records and police records. Often, there are statutory requirements for the AS THE STATE Government continues in with loud phone calls, vocal disagreements secure maintenance of some government its questOPEN to tear down office walls and betweenPLAN colleagues, birthday cake records including things like original title herd people into smaller, open-plan morning teas, football-score-related deeds. How can the CSO guarantee client spaces, evidence is mounting that this interruptions and loud printers and copiers confidentiality and secure retention of approach is affecting productivity. make it harder for workers in open plan to documents in an open plan environment A recent British report has found that concentrate. And many of our members with such minimal storage capacity?” open-plan offices are having a detrimental suffer under increasingly unrealistic However, despite members taking effect on the way workers communicate. workloads, making it harder to complete industrial action, the CSO went ahead with The report, published by the Royal tasks and increasing the likelihood of tearing down office walls and imposing an Society, found “rather than prompting errors, adding to workplace stress. unpopular work environment on employees increasingly vibrant face-to-face Researchers at the Auckland University without consultation. collaboration, open architecture appeared of Technology found that “co-worker Legal Aid staff in Parramatta successfully to trigger a natural human response to friendships are actually of worse quality averted a proposal to place them in an socially withdraw from officemates and in hot-desking and open-plan office open-plan environment. Yet the Justice interact instead over email and instant arrangements, when compared to those Department is now planning to impose messaging”. with their own offices or who share offices”. the idea on staff in the Grants Division in The Royal Society research with one And stress and frayed relationships are Haymarket. company found that interaction between just two of the ways open plan is a Work “For some reason what is unacceptable workers dropped by a massive 73 per cent Health and Safety (WHS) disaster. in Parramatta is fine for the Grants Division once they were moved to open plan. It also “Putting everyone in close proximity may in Haymarket,” says PSA Organiser Kirra noted that employees adopted strategies save the Government spending on premises, Jackson. “A report by Polaris Coaching such as large headphones to isolate but it also makes it easier for employees to recommended against open plan and hot themselves from others. share the flu season,” says WHS Industrial desking for staff in that area. Even worse, In an article for the ABC, Assistant Professor Officer with the PSA and CPSU NSW, Ian the Polaris report was commissioned after of Organisational Behaviour, Bond Business Tuit. “Advocates argue that open plan makes the People Matter Survey found a high level School, Bond University, Libby Sander, wrote, people share information more readily. But of dissatisfaction in the Grants Division. “When employees can’t concentrate on their the research shows this is not happening. “There have already been issues with work, their desire to interact and collaborate Instead they’re sharing cold and flu bugs, the level of noise in the work environment. with others is reduced.” chicken pox and conjunctivitis.” Imposing more open-plan workspaces will Unsurprisingly, surrounding workers Privacy is also a big loser in open plan, cut productivity and increase stress.”

Register updated after union pressure

THE PSA AND CPSU NSW h a v e register published 18 months prior is not “The integrity of the WHS Entry Permit successfully forced the Industrial up to date. Given that WHS entry permits Holder system relies on the register being Relations Commission (IRC) to update its are held for a three-year period and the up to date,” he adds. “Employers and the information on Work Health and Safety published register is 18 months old, it public are entitled to check that union (WHS) entry permits. was likely that half of all NSW WHS entry officials are properly authorised to inquire “In May the register published on the permit holders were not on the published into suspected contraventions of the IRC website was dated October 2016,” register.” WHS legislation. It’s remarkable that the says WHS Industrial Officer with the After intervention from Mr Tuit, the IRC failed to meet its legal obligations by PSA and CPSU NSW, Ian Tuit. “Clearly, a register was updated. not keeping the register updated.”

30 | RED TAPE January-March 2019 WHS

SafeWork finds unsafe conditions in FACS

THREE WIDE-RANGING Improvement difficulties. This work can involve significant Notices have been issued by SafeWork on risk of psychological injury as workers the NSW Department of Family and are exposed to verbal abuse, threats of Community Services (FACS). physical abuse, unrelenting pressure from Workers at the FACS Community Service excessive workloads as well as the inherent Centre (CSC) at Coffs Harbour were found risk of vicarious and secondary trauma from to be at serious risk of psychological injury investigating and supporting victims of from their work. Three legally enforceable horrific domestic violence, physical abuse Improvement Notices issued by SafeWork and chronic neglect. on 12 October 2018 describe the nature of Enforceable directions in the SafeWork the risk: Improvement Notices mean that Workers are exposed to a risk to their all managers and workers in the FACS health and safety from psychological injury Northern Cluster must be provided resulting from an existing culture/behaviour “information, training and instruction of bullying, harassment and intimidation of regarding the Respectful Workplace Policy workers by managers (past and present) (no bullying, harassment or discrimination)”. during the period May 2012 to present at Management has also been directed to the Coffs Harbour Office of FACS (unsafe properly consult with staff on work health environment/unacceptable workplace and safety (WHS) issues. behaviours) as the current Respectful By 23 November 2018 the department Workplace Policy (no bullying, harassment was obliged to show SafeWork how it would or discrimination) is not being followed as consult with staff on WHS matters, provide per the FACS Code of Ethical Conduct. appropriate training, and implement a safety Workers may be exposed to risk to their system for managing psychological injury health and safety from psychological risks. The PSA has written to the FACS injury due to the inconsistent approach Secretary Michael Coutts-Trotter to request a by management to one on one and group meeting to discuss how FACS plans to address supervision (de-briefing) at the workplace. the WHS issues covered by the Notices Workers are exposed to a risk to their across the whole of NSW. The PSA has also health and safety from psychological injury recommended the establishment of a high- as there appears to be a lack of appropriate level taskforce as part of the FACS action plan. consultation in relation to identifying and Members in any workplace with WHS minimising risks of psychological injury and concerns should consult with their Health resolving WHS issues at the workplace. and Safety Representative and PSA Staff at a FACS CSC provide a range of delegate as a first step. The PSA will also important functions to the community. provide support and advice to members These include service, support and programs seeking the intervention of SafeWork to around child protection, domestic and family address WHS concerns. SafeWork can be violence, mental health issues, alcohol and contacted on 13 10 50 for WHS information other drug use and intellectual or learning and to make a report of unsafe work.

Private practice or insurers are pressuring them to be case conference with the worker and present at what should be a private doctor, this can occur, with notice, PSA AND CPSU NSW members are conversation with a medical professional,” following the worker’s individual reminded that medical appointments says PSA and CPSU NSW WHS Educator consultation with their doctor.” are confidential and employers and Suzanne Mann. “A worker is entitled If an employer or insurance company insurance companies have no right to to have a private and confidential is applying pressure to sit in on a demand to sit in on appointments. appointment with their doctor without medical appointment, members are “We have been hearing disturbing the employer or insurer present. urged to call the Member Support stories from members where bosses “If the employer and insurer want a Centre on 1300 772 679.

January-March 2019 RED TAPE | 31 WHS

General Assistants make their voice heard

THE GENERAL ASSISTANTS Advisory Group (GAAG) has raised three work health and safety issues with the Department of Education (DoE). General Assistants (GAs) have been applying for chemical safety handling training and accreditation as part of their performance development plans. While some schools are agreeing to pay for the training, other schools are not. The union is attempting to have a standard approach applied across the state. The Personal Protective Equipment (PPE) allocation was last reviewed in 2012. UNION AID ABROAD Delegates believe that it is time for this to be updated. Delegates also seek an CONTINUES ASBESTOS FIGHT extra allocation of shirts, introduction of shorts and an enhancement of the funding EMMA BACON, of Union Aid Abroad Ms Bacon warned that even Australia reimbursement for boots. (APHEDA), has visited the PSA/CPSU is at risk, with Border Force finding Members advised the DoE has a new NSW to gain support for the fight against weekly illegal shipments of the material supplier for exam desks. The new models the global asbestos trade. in products such as building supplies are larger and heavier. This presents an Ms Bacon talked about the role industry and, alarmingly, toys. issue from a handling perspective but also lobby groups – who even have the backing She says Union Aid Abroad wants to with regard to set up/pull down time and of Donald Trump – have played against make 2019 “the tipping point” for the storage. The PSA submitted that the new bans on the hazardous material. trade. desks may require two people to set up for Countries such as Vietnam, Cambodia, General Secretary Stewart Little, exam time. This would be a problem if the Indonesia and Laos have experienced himself a supporter of Union Aid Abroad, school only has one GA. campaigns of misinformation and back has urged staff and members to support The DoE advised the desks were in door imports of asbestos, leaving a time the campaign. Go to apheda.org.au for contract and that the desks may have been bomb of future cases of asbestosis. more information.. purchased off contract. The PSA submitted that due to the WHS concerns, schools who utilised Local Schools, Local Decisions to make off contract purchases needed to OVERWORK A WHS ISSUE undertake risk assessments with their GAs THE CPSU NSW is urging overworked members to report unrealistic workloads to if purchasing heavier desks. their Work Health and Safety representatives. The DoE offered to provide WHS risk “We have heard from members in libraries, in customer service, info points... all assessments to schools. However, the PSA saying the same thing: we are overworked, under-resourced and we cannot continue put that the preferred position is to have the with this level of work intensification,” says CPSU NSW Industrial Manager Blake standard Sebel desks purchased by all schools. Stephens. “If you think – as we do – that you are under unreasonable increasing work A teleconference with the DoE was demands and pressure; if you think that your workload has increased resulting in arranged for 16 October 2018. Delegates feelings of stress and overwhelm; if you think TAFE NSW is placing unreasonable work participated with PSA staff at the expectations upon you, then we ask that you submit your concerns through WHS teleconference. Hotline. Report all incidents to the WHS Hotline – 1800 316 600. The DoE has undertaken to consider the “It is important that TAFE NSW understands the extent of this problem. Your PSA’s feedback and will come back with employer has a duty of care to you and your colleagues, to ensure that your work a response. These matters have some environment is safe and healthy. The more stressed and overwhelmed you become, complexity and there may be a need to the greater the risk that your health and wellbeing will suffer.” meet again with the DoE to try find a Mr Stephens says the CPSU NSW is still taking workload issues to management, but consensus position if possible. additional information sent to the WHS team will ensure “the message gets across The PSA has vowed to continue fighting loud and clear”. for a safe workplace for GAs.

32 | RED TAPE January-March 2019 TEA BREAK

The LNP Chocolate Wheel

MARY STAYS THE COURSE AFTER 42 YEARS in the workforce – nearly all of them with the PSA – Mary Steward is retiring from the Albury office of SafeWork. However, just because she is leaving the workforce, doesn’t mean she’s leaving her union. Not wanting to give up her union values Mary has now become a Retired Associate so she can still see what is happening through the PSA. And she has advice for anyone joining the workforce today. “I’d urge them to join their union,” she says. “We need more people joining all the unions. That is how we have gained all our 2018 FINANCIAL STATEMENTS conditions, the very conditions people are trying to strip away.” The 2018 CPSU-SPSF NSW Branch Anyone interested in becoming a Retired accounts are located on the CPSU NSW website at: Associate should call the Member Support www.cpsunsw.org.au/financial-statements Centre on 1300 772 679.

CROSSWORD

1. 2. 3. 4. ACROSS DOWN H

5. 1. This Tasmanian woman was Australia’s 1. Animal found opposite QE2 on the five- first female lower house MP and Cabinet cent coin. (7) I A T I I minister. (4,5) 2. A car motor lazes. (5) 6. 6. Labour MP who was the second female 3. Sail boats. (6) PM across the ditch, (5,5) 4. Rhyming slang for a shark. (4) 7. Vacuum cleaner’s nemesis. (4) 5. Jamaican-based musical style. (3) 9. Rubbish. (5) I R N L I 8. Defunct American airline. (3) 12. Swedish 1970s group. (4) 7. 8. 10. Club of nations abandoned by Brexit. (2) 14. Kid-friendly card game. (3) O B R N N 11. First name of UK writer and journalist 9. 10. 11. 18. Not working. (6) Toynbee. (5) 20. Lowest digit. (3) 13. Porcine lead character in 1995 Chris D D A 21. River that enters the North Sea near Noonan film of the same name. (4) 12. 13. 14. Dundee. (3) 15. 1980s singer ___ George. (3) N B U

16. School class where kids are expected to 15. 16. get sweaty. (2) 1. 2. 3. 4. 5. O N E I L I S L A B P A O O O O 17. Alien lead character in 1982 Steven M A A T E H O I I U 17. 18. 19. 6. 7. Spielberg film of the same name. (2) B A R G A I N I N G 8. 19.. This territory was sliced off South Y O U R L N D I Y L A L 9. 10. Australia in 1911. (2) D I Y I I C L L M E 20. 21.

11. S U B M A R I N E B N E S 12. 13. M D I N B E U A D E

14. A O R O T A X I I N

15. 16. 17. N O D E E T O S P D SOLUTION PUBLISHED NEXT ISSUE.

18. A M Y S N E L V I S < LAST ISSUE’S SOLUTION. January-March 2019 RED TAPE | 33 TRAINING YOU

YOUNG WORKERS ON THE TRAIN

THE PSA and CPSU NSW Training Unit ran training courses “The past year also saw a bigger emphasis on regional training,” specifically for young workers for the first time in 2018. says Training Officer Anne Kennelly. “We also saw bargaining The course was devised as part of the union’s Young Members training for staff in Disability Services as they moved to a new Strategy and was offered to members aged 35 and younger,. system.” The initiative comes on the heels of a successful 2018 for the As Disability Services staff move from the Department of Family unit, which for the first time offered Health and Safety Representative and Community Services to non-government providers, they move (HSR) training. Members required to undertake HSR training could from the Industrial Relations Commission’s jurisdiction to the Fair nominate their union to provide the training, rather than commercial Work Commission, which works in the federal sphere. This requires suppliers. a different approach to bargaining. COURSE DATES COURSE OUTLINES ACHIEVING WORKPLACE FLEXIBILITY Care & Resilience – Wednesday 13 February Looks at the benefits of workplace flexibility and what flexible work Role of the Delegate – Tuesday 19 February practices exist in the NSW public sector. CARE AND RESILIENCE Dealing with Bullying – Friday 22 February Provides information, strategies and resources to build personal resilience and enhance mental health awareness. WHS – Tuesday and Wednesday 26-27 February DEALING WITH BULLYING IN THE WORKPLACE Women in the Union – Friday 8 March Designed to assist members and delegates in dealing with bullying and harassment at work. Introduction to the Union – Tuesday 12 March DEALING WITH MEMBER ISSUES For delegates who want to develop their ability to assist members Dealing with Member Issues – Thursday 21 March with individual workplace issues. WHS (Wagga) – Thursday and Friday 21-22 March DEALING WITH RESTRUCTURES Covers Government guidelines that inform the restructure process, Achieving Workplace Flexibility – Wednesday 10 April how the PSA responds to restructures at the consultation and implementation stages, the role members and delegates can play, Public Speaking – Tuesday 9 April discussion around specific restructures and case studies. Fact Care & Resilience – Thursday 2 May sheets and other resources are provided to assist members in the workplace. Role of the Delegate – Tuesday 7 May INTRODUCTION TO THE UNION Covers the basics of the PSA/CPSU NSW and the union movement. Dealing with Restructures – Tuesday 14 May ROLE OF THE DELEGATE WHS (Coffs Harbour) – Wednesday and Thursday 15-16 May Discusses the role of the delegate and active members: what delegates do, delegate protections, organising skills, recruitment, Meeting/Negotiation Skills – Friday 17 May working with issues, union values and involvement. Any member can learn from this course and is welcome to apply. Dealing with Workplace Bullying – Wednesday 5 June WHS Introduction to the Union – Tuesday 11 June Making the workplace safer. WOMEN IN THE UNION WHS – Thursday and Friday 13-14 June A course aimed to empower women members.

Role of the Delegate – Wednesday 19 June Register online at psa.asn.au/trainingyou

34 | RED TAPE January-March 2019 PUBLIC MONEY BELONGS IN

PUBLIC EDUCATION

For too long, governments have been funnelling money away from TAFE and into fly-by-night private providers. The result?

• Millions cut from TAFE • Deserted campuses • Expensive courses students can’t afford to finish • Young people left stranded as private colleges go broke • Dodgy colleges targeting the disadvantaged • An apprenticeship system in tatters with a government in damage control • Massive skills shortages

It is time to Rebuild Our TAFE

1300 772 679 www.psa.asn.au www.cpsunsw.org.au @psansw @psansw @cpsunsw

Authorised by Stewart Little, General Secretary, Public Service Association of NSW and State Branch Secretary, Community and Public Sector Union (SPSF Group) NSW Branch, 160 Clarence Street, Sydney www.ourtafe.org.au Profits that go to members, not shareholders. The right support and advice to help you

feel future ready 1300 650 873

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