News

Tuesday, 18 May 2021

BIG WIN: Fair Work Commission finds in favour of CPSU NSW in Team Leader dispute with Cerebral Palsy Alliance


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On Thursday, 13 May the Fair Work Commission (FWC) handed down its decision in relation to the status of House Managers, finding their work was “no different to the work performed by Team Leaders”.

The case was brought by the CPSU NSW on behalf of staff originally transferred from the NSW Department of Family and Community Services (FACS), following a “restructure” of the Cerebral Palsy Alliance’s (CPA’s) supported independent living services which, among other things, replaced Team Leader positions in group homes with House Managers, slashing the pay of staff who elected to take up those roles.

The CPSU NSW always contended the work of House Managers was the same or substantially similar to Team Leaders and as such, transferring FACS staff in those roles remained covered by copied state instruments, including the Community Living Award 2015 (CLA).

The FWC agreed declaring the CLA, the Public Service Conditions Award 2019 and the Public Sector Salaries Award 2017 all continued to cover transferring Team Leaders who had taken up House Manager jobs during CPA’s restructure.

The decision means those transferred staff revert to the more beneficial award terms, including an entitlement to back pay for any financial losses incurred as a result.

We would like to take this opportunity to thank those staff who assisted the CPSU NSW with the case.

Click HERE for a copy of the decision or contact the CPSU NSW for further details on 1300 772 679 and ask to speak to a member of our disability services team.

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Join the CPSU NSW today at www.cpsunsw.org.au/join.