Wednesday, 28 August 2019

CPSU NSW commences enforcement proceedings against HVDS and MNCDS

enforcement proceedings hvdsmncds – aug 2019 (PDF version)

CPSU NSW has commenced enforcement proceedings against Hunter Valley Disability Services (HVDS) and Mid North Coast Disability Services (MNCDS) in the Federal Circuit Court (FCC) of Australia.

The proceedings are for breaches of Clause 65.1 of the Crown Employees (Public Service Conditions of Employment) Award 2009 since 6 April 2018.

The FCC enforcement application relates to multiple employment policies implemented by HVDS and MNCDS affecting our members. In particular, it is because those policies were introduced by HVDS and MNCDS without having an effective means of consultation with the CPSU NSW prior to each of the policies being brought into existence and effect.

The CPSU NSW has retained its lawyers and a barrister to prosecute the application against HVDS and MNCDS. The matter has been listed for a first court date on Friday 6 September 2019 at Sydney for a Judge to make:

  1. Full directions for the progress of the case to a final hearing;
  2. A date for the final hearing, usually given within six months of the first court date;
  3. Any orders for alternate dispute resolution.

We will keep members up to date by way of further bulletins as the matter proceeds.

Your CPSU NSW staff

Dean Allen
Industrial Officer

Gino Di Candilo
HVDS Organiser

Asren Pugh
MNCDS Organiser

What can you do?

Make sure your colleagues are informed by circulating copies of CPSU NSW bulletins.

Speak to your delegates about getting more involved as a worksite representative.

Do you know someone who is not a member? Get them to join online HERE.