LiveBetter Disability Services Limited member bulletin – May 2018 (PDF version)
You are now working for a new employer but your Union is still the same. As you know everyone who is a member of the PSA is also a member of the CPSU NSW and we are still here to represent you in this new world in which you are working.
The CPSU NSW/PSA recently lodged an application with the Fair Work Commission to obtain an order for the CPSU NSW to be named as our Federal counterpart under your state Awards. Unfortunately LiveBetter Disability Services Limited (‘LiveBetter’) opposed our application and instructed lawyers to resist our straightforward steps to continue representing the industrial interests of former ADHC employees now employed by LiveBetter.
The CPSU NSW recently had a big win on coverage in the Fair Work Commission against The Benevolent Society for a similar application and therefore common sense has now prevailed and LiveBetter has withdrawn its opposition to our application. We are currently awaiting the Fair Work Commission to enter final Orders to ensure that the CPSU NSW/PSA is entitled
to cover and represent you in the Federal industrial system and we will provide you with further updates in due course.
The CPSU NSW/PSA wrote to LiveBetter last year requesting a meeting to discuss industrial and consultative arrangements between the CPSU NSW and LiveBetter.
The JCC is an important forum where CPSU NSW industrial staff and delegates are able to consult with management on workplace matters of mutual interest and concern. It is here that consultation between management and the CPSU NSW enables our members, through your union to participate in and influence decisions which directly affects your working conditions.
Consultation is an integral part of your award conditions and the obligations for management to consult with your union are set out at Clause 65 of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 (‘the Conditions Award’) and within the framework of the 1997 Consultative Arrangements: Policy and Guidelines which can be found HERE.
The CPSU NSW/PSA recently wrote several times to LiveBetter as they had inexplicably failed to pass on your membership fees and subscription particulars to the CPSU NSW which they are lawfully required to do.
The CPSU NSW also renewed our invitation to LiveBetter to meet with the CPSU NSW/PSA for the purpose of discussing a Joint Consultative Committee meeting framework for consultation with the CPSU on matters of mutual interest and concern in accordance with your state Awards.
LiveBetter have now remitted your membership fees to the CPSU NSW/PSA however they have also advised that they ‘see no immediate need or benefit in the establishment of a JCC’. The CPSU NSW/PSA is disappointed with the LiveBetter response given their recent opposition in the Fair Work Commission however we will continue our contact with management in order to encourage a more collaborative and responsive consultative relationship on your behalf. The CPSU NSW/PSA will provide you with further updates in due course.
Your employment conditions, your Award and the rostering principles are the same as they were when you worked for ADHC. Before you transferred over the PSA had your Award changed to ensure that the Rostering Principles under which you worked where enshrined in law. They are now part of your Award and should operate the same as before. The Rostering Principles can be found HERE.
While some things about the way you communicate with your employer may change your Award and the Rostering Principles remain the same. For further information on the list of your state Awards:
As part of your transfer you have been given a 2 year employment guarantee (6 months if you are a casual). Your pay and conditions will stay the same for up to 5 years. The only way your pay and conditions will change is if you, the CPSU NSW and the employer LiveBetter reach an agreement to change them.
Should an enterprise agreement be negotiated in the time between the 2 years and the 5 years you will have the opportunity to vote on whether you agree with what is proposed. If you are a Union member the CPSU NSW will work with you and negotiate for you.
In the coming weeks PSA/CPSU Regional Organiser Belinda Pearce will be attending a number of team meetings at LiveBetter group homes.
If you have any issues or concerns regarding your employment conditions then this is an opportunity for you to catch up.
Want to arrange for an Organiser to attend your team meeting?
What can I do in the meantime?
You can support the work of the PSA/CPSU NSW by asking your colleagues to JOIN their union.
Having your union and its collective strength behind you in the workplace is the only way to make sure you get fair outcomes.