august/september 2012 o’farrell to rewind …...already among the most generous in australia. but,...

Public Service Association of NSW

www.psa.labor.net.auPost Office approved PP 255003/01563 ISSN 1030-0740

August/September 2012

O’Farrell to rewind conditions to 1950s

Date set for High Court wage challenge – page 3

The O’Farrell Government has lodged an application for a new Conditions of Employment Award that will dramatically slash existing hard won entitlements such as shift work penalties, leave loading and health and safety.

The application, which was lodged on 6 June and went before the Industrial Relations Commission on 19 July, will wind back conditions and workplace flexibility to the 1950s.Nothing in the Government’s proposals will improve conditions in the slightest.The award application is not a bargaining exercise as is usually the case in industrial relations.Rather, it is a flat statement of intent by the Government.

Under the hammerThe following points are just some of the measures the O’Farrell Government either want to cut back or overhaul:•shift work entitlements•sick leave• leave loading•health and safety•additional leave for staff in remote areas•remote areas allowance• travelling entitlements

•meal allowances•parental leave• family and community services leave•working from home.The Government also want to remove the existing requirement to consult regarding flexible work practices while additionally removing award protection for such arrangements.The rights of workers who have been overpaid will also be restricted.The definition of a shift worker will be radically altered along with the abolition of the day shift allowance, a proposal that will not only reduce take home pay but also discriminate against those workers who have small children.And in a blow to both workplace safety and union representation, O’Farrell is also seeking to do away with the current award requirement for the employer and union to agree on work, health and safety consultative arrangements.Many of the cuts proposed will have a huge impact on those with children and

carer’s responsibilities and will only make a career in the NSW public sector more difficult for women.So much for the O’Farrell Government being eager to create a world class public service that supports and encourages equity and diversity.The PSA has stated its opposition to all of these proposed changes in the strongest possible terms.“The PSA will do everything in its power to fight this latest and most destructive attack to date on the public sector by the O’Farrell Government,” said PSA General Secretary, John Cahill.“The PSA has stood proudly for more than a century and had a major hand in the introduction of many of the measures that are now on the chopping block.“We cannot and will not stand idly by and watch the O’Farrell Government wind back the clock on workplace flexibility simply because of an ideological position.”

InsideFight for children with disabilitiesPage 6

Photo by Davina MurrayPSA on the front lines at Dulwich Hill

2 – Red Tape August/September 2012

John Cahill From the General Secretary

O’Farrell shreds your conditions at work

The O’Farrell Government has finally brought its main game and it isn’t pretty.

It has lodged an application in the Industrial Relations Commission for a new Conditions of Employment Award that will dramatically slash the hard won conditions you presently enjoy at work.The move and the scope of the proposed cutbacks is nothing short of stunning.All existing flexibility will be ripped out – which will have an enormous impact on women and carers – while leave loading, shift penalties, FACS leave and countless other measures will all be cut.Nothing the Government have proposed has any upside for public sector workers in NSW.Quite the contrary.I am not overstating the situation when I say that the Government’s proposal – which the PSA will be fighting in the most vigorous terms – is the most savage attack on the public sector I have seen in my four decades in the union movement.

And that includes the very worst of what the Greiner administration brought down on us.

The gloves are off.

This is the final confirmation – if any were really needed – that the O’Farrell Government have nothing but contempt for you, their workforce.

The old adage that every action has an equal and opposite reaction is about to come into play in a major way.

Job cuts still equal service cutsThere was an interesting but quite disturbing article in British newspaper, The Guardian in July.

It discussed research into the riots that rocked England.

The resulting report concluded that police expect a second wave of the lawlessness again this year.

But the key point was this; many police were concerned about their ability to cope with another round of unrest following savage budget cuts to the UK public service.

Anarchy in the UK indeed.

But rather than considering any such notion, the O’Farrell Government is ploughing ahead

and slashing a further 10,000 public sector jobs.

And at the very least it would seem given the front page article of The Sydney Morning Herald on 3 July carried a headline which declared “no limit to state jobs cleanout”.

It referred to a Treasury email which stated “there is no floor or cap on redundancies”.

Further leaked Treasury documents spelt out more of what the Government had in store.

Very little was actually announced, the Government preferring to keep the bad news under wraps.

Amongst countless restructures in numerous areas, schools, TAFE and Community Services – all touch points for the creation and maintenance of a fair and equitable society – have emerged as some of the major battlefronts in the job cuts war.

In education and TAFE, 2500 non-teaching positions are to be cut over the next four years.

In schools, the cuts will impact directly on the jobs of school administrative and support staff whose daily efforts are at the very heart of public education in this state.

Community Services will see almost 1000 jobs slashed over four years, having already lost nearly 200 positions in the past 15 months.

The virtual closure of Grafton Gaol is believed to be just the tip of the iceberg for job losses in Corrective Services.

And 350 jobs from the Office of Environment and Heritage (OEH) are to be slashed including rangers, scientists and experienced staff responsible for pest control, the monitoring of land clearing and fire fighting – vital responsibilities in the lead up to summer and the bushfire season.

In each and every instance the PSA is quite prepared to discuss alternatives to the cuts with the Government.

But it is clear that options aren’t something that Team O’Farrell are interested in entertaining.

But they certainly love reports and reviews.

The release on 9 August of the Commission of Audit final report – as opposed to the interim report which was handed down in February amid much fanfare – was nothing more than once again echoing what the

Government had in mind before they were even elected.

The old predetermined outcomes trick.

The basic thrust of the report was to encourage the Government to do more of what it has been, particularly in relation to the outsourcing of services.

And just as they did with the interim report, the Government were somehow able to digest the 132 recommendations and rush out an 85 page response within days.

It was all just an excuse to escalate and intensify O’Farrell’s attack on the public sector.

One big question must be asked in view of all this: where on earth is the Barry O’Farrell who presented himself as the great champion of the public sector in the lead up to the state election in March 2011?

That Barry O’Farrell was rubbishing media rumblings about mass sackings in the public sector saying that he wanted more front line staff not less.

That Barry O’Farrell told The Institute of Public Administration Australia on 22 July 2010, “it’s in your interests to defend citizens in all public service activities – because in the best possible way you are investing in your own families and communities by doing so.”

And this: “I want to be as active as the nation’s top 100 companies in promoting the NSW Public Service brand to final year students in our universities. I don’t want to lose great graduates to BHP, Commonwealth Bank or Apple without a fight!”

And this: “I want to try and put a brake on the loss of talented and experienced individuals from the sector.”

Yet O’Farrell and his Government are now making every possible effort to do the exact opposite.

The sleeper problem in all of this is that as the O’Farrell Government are cutting more and more jobs and services, they are also reducing the ability of the public sector to properly assist those in the community who have been made more reliant on public services due to the Government’s actions.

It’s a vicious socio-economic cycle with the Government doing its best to step back from its core responsibility: the welfare of the state.

John Cahill General Secretary

August/September 2012 Red Tape – 3

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2011 2012

Date set for High Court wage challenge

The PSA will appear in the High Court on 5 September to begin a legal challenge of the O’Farrell Government’s laws which restrict the power of the NSW Industrial Relations Commission and cap public sector wage rises at 2.5%.

The PSA appeared in the High Court on 11 May and successfully sought the necessary leave to appeal.

That is, we convinced the court of the merit of our arguments.

The case proper will commence on 5 September.

Our general argument that the O’Farrell Government has no power to influence the Industrial Relations Commission was bolstered with a win by the South Australian PSA in the High Court on 11 July.

The decision granted the union the right to appeal against a State Government move to

unilaterally cut long service leave and annual leave loading.

“We are under no illusion about the importance of our case,” said PSA General Secretary, John Cahill.

“We are fighting not just for salary justice but also for the long term future and viability of the public sector and the services it provides to millions of people in this state.

“The O’Farrell Government on the other hand will be desperate to preserve what is one of the cornerstones of their budgetary strategy.

“The PSA and only the PSA has fought the O’Farrell Government at every turn but going to the High Court is a battle on another stage and level entirely.

“Not mounting a challenge of O’Farrell’s wage laws was never an option.

“To simply attempt to work around the laws and leave them uncontested would be a great disservice to you, our members and the community who rely upon your efforts each day.

“The Government have adopted what can only be termed a bulldozing strategy in regard to the public sector in NSW with the announcement of job cuts seemingly a weekly occurrence along with an increasing drive to slash wages and conditions.“5 September has the potential to be a major circuit breaker in that process.”


From the PresidentSue Walsh

PSA push to end redundancy discrimination for school staff

The O’Farrell Government is attempting to not only destroy quality public education in NSW but also attack the working conditions and job security of SAS staff.The implementation of blatant cost cutting measures under the guise of policy reform with Local Schools, Local Decisions and Every Student, Every School – as well as the 1.2 percent labour expense cap which equates to 2500 non-teaching job cuts across the whole of education and TAFE – has created an atmosphere of uncertainty for all education staff.The PSA has long argued that, in the event of change, SAS staff should be entitled to the same protections and pay as other public servants in NSW in the form of redundancy provisions.Unfortunately, the Department disagrees and simply wants to tweak an existing policy.This is totally unsatisfactory given the Government has something of a track record when it comes to ignoring or breaching policy.And it will do little to remedy what the PSA believes is a discriminatory situation as the vast majority of SAS staff – approximately 97% – are women.For that reason and on the advice of our lawyers, the PSA has lodged a dispute in the Industrial Relations Commission to fight for redundancy pay for SAS staff.Representatives from the PSA – myself included – and the department appeared before Justice Boland on 12 July at which time the PSA expressed the need for the matter to be dealt with urgently.We were back before the Commission on 30 July.

To the PSA’s shock, the department have since withdrawn their proposal so the PSA is proceeding with arbitration in October.As if the Government’s attacks and general attitude towards SAS staff were not enough, they also wish to remove SAS staff from the Public Sector Salaries Award and the Conditions of Employment Award.This means that SAS staff would no longer have the protection of the Salaries Award and not receive the same increases as other PSA members working in the public service.Accordingly, we are now in a battle to not only secure a safety net for those who are made redundant but to protect conditions that have taken decades of struggle to secure.At a SAS staff conference I made a commitment that I would ensure that the PSA explores every available avenue to remove discrimination from the redundancy process for SAS staff and would continue to work tirelessly to keep non-teaching staff in schools under the Salaries Award and the Conditions of Employment Award.I stand by that commitment.

2500 cuts Barry’s greatest failingThe PSA has developed a new campaign titled ‘My job supports education’ in response to the waves of attack by the O’Farrell Government on public education.Their cost cutting comes despite having spent almost $60 million dollars on contract staff in the last financial year alone.‘My job supports education’ was developed with input from members at statewide meetings of SAS staff.Team O’Farrell have an agenda and it’s centred around two things.One, mass cost cutting across the public sector to pay for transport and infrastructure.And two, distancing itself from the delivery of public services.In the school environment, that means shifting responsibility and blame to school principals and in TAFE, moving the responsibility to private providers.Basically, anywhere but the Government.Crown responsibility for education – just like child protection – it seems is a thing of the past.They want to delegate the tough stuff and then apportion blame when things go wrong.What a way to run a state.Education is a core function of Government.Taken individually, the budget measures and the Local Schools, Local Decisions initiative would have a devastating impact on the quality of education in NSW.But as a block they will destroy decades of positive achievement that the PSA and you, the members, have fought for.

PSA FEES1 July 2012 – 30 June 2013

PSA fees will be adjusted in line with the public service pay rise from 1 July 2012.These figures include 10% GST.The salary ranges indicated below are based on the Crown Employees Award rates.

FEES

Salary Fortnightly Quarterly Monthly Yearly$51,460+ $25.80 $167.80 $55.95 $671.20$36,230 – $51,460 $19.90 $129.05 $43.05 $516.15$9,057 – $36,229 $12.35 $80.30 $26.80 $321.25Less than $9,057 $6.40 $41.60 $13.85 $166.30

AnnualLeave without pay (LWOP more than 3 months must be notified) $31.00Retrenched officers $31.00Retired officers $31.00Retrenched & retired officers with Provident Fund $36.75

Members proceeding on leave without pay in excess of three months need to advise the Association so as to maintain their financial membership of the PSA and the Provident Fund at a special rate of $31. However, members on leave without pay for a lesser period than three months pay the usual rate.PSA fees are tax deductible, ie you get a substantial refund from the Tax Office.John Cahill General Secretary

The O’Farrell Government’s proud boast is that NSW spends less on its non-teaching workforce in education than any other state in Australia.So if public education in NSW is already lean and efficient, why unsettle those who provide it and those who depend on it?Let’s continue to build a great education system, not let the O’Farrell Government destroy it.Sue Walsh President


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David Carey at the PSA’s Annual Conference with a poster from the

American public sector unions’ campaign to protect collective bargaining rights.

“The O’Farrell Government is anti-public sector, just like Wisconsin.”

David Carey for CPSU (SPSF Group) Federal SecretaryThe PSA is delighted that David Carey will again be standing for the position of Federal Secretary of the PSA’s federal union, the CPSU (SPSF Group).

David has served as Federal Secretary since 2000, is one of two Joint National Secretaries of the CPSU and is also a member of the ACTU Executive, the Australian union movement’s peak body. He has successfully steered the CPSU (SPSF) through a number of important challenges including looking after PSA members in the increasing number of agencies going from the state to the federal IR system.Under his leadership, the CPSU (SPSF) has also spearheaded an attack on workplace bullying and insecure work; conducted successful negotiations to bring the Western Australian Prison Officers Union under the SPSF thus making the CPSU the largest union for public and private prison workers in Australia; defended our university general staff agreements against attacks by employers and other organisations; championed the unique position of state sector workers and campaigned to get fair arbitration in the federal and state IR systems.Further, David leads the public sector unions on the international stage through Public Services International (PSI), our 20 million member union, which spans 150 countries.

David is the respected leader of the PSI Asia and Pacific unions, standing together with our public sector union brothers and sisters, fighting for workers rights in this region. “I have known David Carey for many years since he was the PSA’s top industrial officer. All that time he has tirelessly represented the interests of the national CPSU (SPSF Group) and its PSA members,” said PSA President, Sue Walsh.“I heartily endorse his decision to stand for another term as Federal Secretary. With a Labor loss at next year’s federal election unfortunately looking likely and Tony Abbott looming as a possible Prime Minister it is vital that the union movement remain in safe and experienced hands.”“During his terms as Federal Secretary of the CPSU (SPSF Group) David Carey has proven himself to be a strong leader, passionate advocate for the public sector and a skilled industrial relations practitioner,” said PSA General Secretary, John Cahill. “The fact that he is also a long standing member of the ACTU Executive speaks volumes for the regard with which he is held within the national union movement

in this country. He has done an excellent job as leader of the CPSU (SPSF Group) during what have been difficult times and I am very pleased that he is once again standing for the position.”


Government washes hands of kids as 1000 community service workers cutThe O’Farrell Government’s decision to cut 1000 community services workers is the most blatant example to date of its abdication of responsibility for the safety of some of the most vulnerable children and families in our community.

Government plans to slash nearly 1000 jobs from the Department of Family and Community Services over four years were not even formally announced but rather were revealed in the media by way of a leaked internal Treasury memo.The cuts come on top of the loss of nearly 200 positions in the Department over the past 15 months.“The Department is known as Community Services for very good reason,” said PSA General Secretary, John Cahill, “It’s an accurate description of what should be provided to the community. But delivering that service under the weight of massive jobs cuts is going to be challenging to say the very least.”“The message behind these 1000 job cuts in such a critical area is now painfully clear; the Government really doesn’t care about our most vulnerable children and their families. Their only real concern is the budget balance sheet.”“NSW has only recently emerged from a seven-month freeze on filling caseworker positions that has stretched the child protection system to breaking point. “The loss of 1000 jobs over the coming years will increase stress and workloads for staff and place children at risk.”“The Minister has also announced plans to transfer an additional $123 million from the Community Services budget to fund the private sector take over of out of home care (foster) services.”Since becoming Minister for Family and Community Services, Pru Goward has overseen:

•cuts in frontline, temporary caseworker positions

•a seven month (and only recently lifted) freeze on filling case worker positions, leading to chronic staff shortages statewide

•moves to outsource Government responsibility for children in foster care - for whom the courts have given the Minister parental responsibility - to unregulated private operators

•The deletion of 100 Head Office positions.

“The Minister has broken her key promises not to cut caseworker numbers and reduce paperwork to free up caseworkers

for more one-on-one contact with children and families,” said John Cahill.“Every day these issues remain unaddressed the potential for tragedy increases.”“Removing itself from responsibility is fast becoming a hallmark of the O’Farrell Government.”“In this instance the Government is effectively playing Russian roulette with the lives of some of the most disadvantaged in our community. That’s an enormous and as far as the PSA is concerned totally unacceptable risk.”To join our campaign to keep child protection in public hands go to http://safehands.org.au/about

No day of rest in fight for funding for children with disabilitiesParents, students and school learning support officers gathered in Dulwich Hill in Sydney on Sunday 15 July to demand that the O’Farrell Government restore millions of dollars of funding for students with ‘low-level’ disabilities in public schools.

Under the O’Farrell Government’s Every Student Every School policy, students with low funding support needs (that is, those with ADHD, Asperger’s Syndrome (mild autism), anxiety, depression and other conditions) lost their individual funding from the start of Term 3 on 16 July 2012.The new method of funding these students and those with additional learning needs, is based on a formula that is a combination of:•statistical prevalence for autism

(1 in 100 in the local community)

•mental health resources based on NAPLAN results, and

•a school’s Index of Common Socio Educational Advantage (ICSEA) score, which is related to enrolment figures.

If a school has 600 students, it will receive funding for siz students with autism, regardless of how many students actually have this condition.Just as concerning is that under the reforms, learning support officer positions and the specialised

assistance they provide for students with disabilities are at risk. That’s because the vast majority of these jobs are temporary and the money provided to fund them can be used to finance additional teacher time or teacher release, eg related professional learning etc.Learning support officers are vital in supporting students with special needs in our public schools. Where these positions are lost, so too is support in such vital areas as: •daily personal care

•health care procedures

•daily organisation of work and timetabling

• the implementation of individual educational and transitional programs

•assistance in all curriculum areas such as literacy and numeracy.

With less learning support, some teachers will find it more difficult to give sufficient attention to all students.Fewer learning support officers will also mean that some children with disabilities may struggle in the playground and be subject to greater isolation and bullying.Further, schools may find it difficult to meet the disability standards in education in the Disability Discrimination Act, namely the requirement that schools “treat students with disabilities on the same basis as students without disability”.And there will be the added disadvantage for students with experienced learning support officers being lost from the school system as it moves to the new arrangements.

Accordingly, the PSA is seeking:1. the immediate reinstatement

of the lost funding to the 272 schools in question – but not at the expense of the schools that have benefitted from the additional funding

2. A guarantee that in future every student will receive the amount of funding and learning support that is required to meet their needs

3. An increase in the number of permanent learning support officers

4. A register of long-term temporary learning support officers as a resource pool for schools.

Photo by Davina Murray


Gaol doors slammed shut on over 100 workers – and Grafton itself

In the end it wasn’t even a dawn raid.

It was too early for that. It was

just after 4am on 12 July when the

trucks arrived to transfer the

prisoners out of Grafton gaol.

The picket line that had held tight for over six days reluctantly – under threat of the intervention of the riot squad – obeyed police instructions and allowed the trucks through.But they did so silently and with their backs turned, not wanting to bear witness or in any way dignify the scene.Roughly three hours later at 7am the trucks loaded up with inmates drove out of the prison.Then to the sound of Amazing Grace by a lone bagpiper, the staff of the prison paid their final respects to the 120-year-old establishment.Grafton prison was once the home of some of the hardest and most notorious criminals in the country.But there were few dry eyes this morning.The previous two weeks had been a textbook example of the type of highly effective community organising that was in play during the Your Rights at Work campaign against WorkChoices – with the PSA, local businesses and residents from the area taking a united stand.A protest rally was held outside the prison on 5 July and was attended by hundreds of people. PSA members at the gaol resolved not to be involved in any activities that would assist with the closure

such as preparing prisoners for transfer and the like.And as part of the campaign spearheaded by the PSA and Clarence Valley Community Unions, a picket line of over 300 people was established outside the prison despite near freezing temperatures.The picket included PSA members, former prison staff, the local Mayor and concerned town residents.Initially, the picket line successfully turned away six of seven trucks which arrived to transport prisoners out of the facility and begin the downgrading process.The other truck was also eventually turned back.The picket forced the Government to rethink the inmate transfer process.Better still, the media both in the region and in Sydney lapped up the story with almost daily reports in The Telegraph, meanwhile local National Party members, Chris Gulaptis and Don Page, were made all too aware of the local cost both socially and economically of the closure.The O’Farrell Government’s decision to downgrade the prison will see the loss of over 100 jobs and more than 80% of the gaol’s workforce.

With Grafton’s population of 18,000 it’s estimated that the cuts are equivalent to between 22,000 and 33,000 job losses in Sydney and will rip an estimated $30 million from the local economy.

The community of Grafton will be devastated. Chris Gulaptis summed up the community’s situation best when he said: “I can understand belt tightening but this is noose tightening”.The O’Farrell Government however argued that the prison, which was the subject of speculation in 2011 regarding possible closure or privatisation, was too old and cost twice that of other prisons to run.Accordingly, they moved to close 180 beds of the 275 available, with the establishment to only house 60 inmates – effectively making it a remand centre.Eventually it will shut entirely despite Government assertions to the contrary.

Grafton prison officers were advised of their fate and the future of the prison courtesy of inmates.Talk about inside knowledge.While voluntary redundancy will be offered to workers, the Government also argue that the opening of a new maximum security gaol at Cessnock (which is 500 kilometres away) will somehow provide job openings.But given the distance involved and the impact on their families, few will probably be in a position to take up that option.The PSA put to the Government a range of alternatives to the closure but have yet to receive a response.After the events of 12 July, it is unlikely we ever will.In meetings on 6 July, National Party leader and Deputy Premier, Andrew Stoner refused to stand up for the people and workers of Grafton and re-examine the decision.Rather, he deliberately chose to stand by as the Grafton community was destroyed.Barry O’Farrell also remained unmoved.The PSA requested a meeting with The Premier on four occasions but was knocked back each time.So much for governing for everyone in NSW.

Photo: Debrah Novak / APN


Chamber cheer squad for public sector sell off“Where there is a better way of delivering a government service or program, which maintains or exceeds appropriate standards, delivers results and defends public value, I believe government is morally and economically obliged to consider it,” Barry O’Farrell declared in a speech to the Committee for Economic Development of Australia (CEDA) on 16 July.

The NSW Business Chamber not too surprisingly welcomed the Premier’s remarks.Afterall, in June, the Chamber released a document titled Diversity and Contestability in the Public Service Economy.This weighty effort, all 120 pages of it and follows their 2010 report, 10 Big Ideas to Grow NSW, some of which appears to have been adopted by the O’Farrell Government as was intended.The foreword to the Diversity and Contestability report describes the paper as being “a discussion starter” rather than a prescriptive exercise – yet it reads much like “a how to contract out” manual.The posed question “Is it right that government continues to be a monopoly provider of all public services?” said it all.As did this in the summary: “the question for state and federal governments today is not whether they should engage with external providers for the delivery of public services, but how.”While the report contains the usual talk of enhancing service delivery as if this is something that the public sector is not capable of doing with the proper support and resources, the paper asserts that it is not arguing for privatisation and out-sourcing.

Nor, it states, does it seek to breathe life into the disproven old line that things are done better in the private sector. But that conclusion is inescapable particularly with references to “choice based models”, “alternative providers” and “contestability”.But then the document was written by Gary Sturgess (“a thought leader in public sector reform and innovation”) who was Director General of the NSW Cabinet Office under Nick Greiner and as such was a driver in the forced reform of the NSW public sector at the time.The basic thrust of the Diversity and Contestability document is:•an increased emphasis on contracting

out and a larger share of service delivery being directed towards the private sector

•how the Government can best deliver services in a bleak economic climate.

The fact is that a tough economic climate is precisely when the community relies on quality government services the most.It’s not the time to farm off public services to inexperienced and unregulated providers.Or so you would think.The ‘hard times’ line ties in almost too neatly with the O’Farrell Government’s own narrative since day one of taking

office. That is, the dire state of NSW’s finances.In other words, a case has been made over time by the Government that contracting out and assets sales are the only way forward.Of several wide reaching proposals in the report two of the most critical are:• the adoption of a mixed public service

economy with “public, private and third sector providers” with greater competition and diversity in supply

•measuring the public sector’s productivity and cost and comparing it against interstate and even international counterparts.

This second point is a concept mentioned in the NSW Business Chamber’s 2010 document, 10 Big Ideas to Grow NSW.Part of the brief for the proposed commission of audit in 10 Big Ideas called for “…an interstate comparison of work practices and conditions in key staffing areas such as police, hospitals, community services, and schools with a view to finding savings that can be re-applied to the provision of front line services.”This is a disturbing lowest common denominator exercise particularly as

the Business Chamber has the ear of government.Of course, the comparative models will not be state run services but privatised models.And how surprising that the Business Chamber put out a media release welcoming the final report of the Commission of Audit the same day it was issued and urged the Government to act on the report’s 132 recommendations which focused on greater contestability of Government services.In all of this you have to really ask yourself why?Who said the “public service economy” had to be delivered by a mix of public and private and others?“We encourage the Government to be brave and determined” said the summary of the report.And so do we.Don’t hand services over to unregulated and unprepared providers with no experience in the given area under the guise of improving services.Don’t trade off experienced skilled and professional staff for those who have to be trained.Don’t think that cheaper is necessarily better.Just don’t.

The PSA’s third e-learning course, Welcome to Your Union, will be launched at Women’s Conference in September.The Welcome course is the latest instalment in the PSA’s growing online training presence and will be available on most browsers.It is interactive, takes about an hour to complete, and is designed both for new and existing members.Just go to http://training.psa.asn.au.Log-in is easy using your email address and membership number. Then it’s a matter of working through six chapters and completing a brief feedback sheet before being issued with a certificate.

The chapters cover union values, role and history, union organising and industrial support, and a long list of PSA/CPSU achievements.Members’ rights, the makeup and staffing structures of the PSA and value-added services are also explored.There are also interactive timelines, animations, and videos of delegates and organisers telling their stories, and sharing what it means to be part of our union. Also available are videos of past and current campaigns along with “Meet your Executive” and Bob Hawke in full flight on “what unions have done for this country!” plus resource links to let you explore areas of interest in more detail.

Our thanks to Blackpixel for developing the new course, and the delegates and staff who supported the project and contributed ideas and stories. You can now access three online courses: Achieving Psychological Safety in NSW Workplaces, WHS Awareness, and Welcome to your Union.http://training.psa.asn.au shows the current training program and allows you to apply for courses, and submit expressions of interest in training in regional areas.We look forward to meeting you at one of our face-to-face courses.

E-learn about your union


Support staff & the forgotten front lineHave you ever wondered – or more likely been exasperated – by the fact that nurses, teachers and police (important as they unquestionably are) seem to be the only areas ever considered front line when it comes to the public sector?

And why they – and it seems only they – are seen as almost sacred by the community and media and thus deserving of support and favourable coverage?It is simply a matter of perception and a somewhat romantic notion about their impact on and role within society.Again, that’s not to say that they don’t play a vital role in health, education and law enforcement. They do, without question.But it’s time to change those attitudes and broaden the accepted notion of ‘front line’.Surely it should be also argued that prison officers, SAS staff, Juvenile Justice workers, Sheriff’s Officers, Community Services caseworkers and many others serve a function that is just as significant to the overall wellbeing of the state.For the O’Farrell Government however, it’s almost as if this large group of ‘other’ front line workers covered by the PSA don’t exist.Or at least are not worthy of any great recognition or respect.The fact is these ignored positions are vitally important. But by their very nature have a profile that keeps them largely out of the public eye.For that reason, and the fact they do their jobs effectively and without incident, they’re taken for granted although their absence would be immediately obvious.This out of sight, out of mind scenario is exactly what the O’Farrell Government is playing upon.And if PSA members’ jobs are not deemed to be front line by the O’Farrell Government then as far as they are concerned they are not breaking any promise by taking an axe to them.The staff at Cronulla’s now drawn and quartered Fisheries Centre of Excellence are a prime example of this.The Government clearly thought that no one would notice – much less care – if they fractured, dismantled and relocated a world recognised scientific research centre for no sound reason – business or otherwise.The same applies to the decision to introduce shooting in National Parks.

Imagine the public outcry if a Government decision to achieve a political end resulted in teachers being placed directly in harm’s way but that is precisely the scenario that now faces National Parks’ rangers.The notion that public sector workers are nothing more than faceless statistics has to end.So next time you hear of police, nurses and teachers being front line, and as such exempt from the budgetary axe, or you feel that you, your position and the work you do is being devalued by the attitude of the Government, speak up.But there’s a further inter-related problem in all of this, one that’s rooted in the Government’s lack of understanding of how the public sector actually functions in real everyday terms. Historically, the Liberals have never understood the crucial relationship that exists between the vital provision of support staff – or what they disparagingly refer to as ‘back room’ jobs – and front line positions.Support staff are exactly that. In the broadest sense their title is their job description.The daily working reality across the state is that both groups – support staff and front line workers – function together side by side as an inter-related and co-dependent team.Each is a cornerstone for the other.Knock that balance too far out of whack and the entire system is liable to fall over.There is no tier of workers of any description that can be seamlessly removed without a negative ripple effect across the overall provision of services to the community.But without possessing this understanding (or perhaps not wishing to do so, ignorance afterall being political bliss), Team O’Farrell is busily slashing away at jobs without rhyme, reason or regard for the impact on this equation.It’s a process somewhat like selling the brakes of your car because you need the money then later being puzzled when stopping proves to be a challenge.The public sector in NSW has been cut endlessly over the past few decades.

For quite some time that process has been striking bone simply because there is no longer any scope to cut further.It’s gotten to the point that not a great deal now separates the provision of overall service from no service at all.And it’s that line that we need to move to protect.

Talk to your workmates about these issues and have your PSA organiser address a meeting.Also ensure that health and safety representatives are elected in your workplace.You can then make use of the due diligence requirements of the new Work Health and Safety Act to demand information on any

management plans to cut jobs and the impact on work health and safety that will result.


Power privatisation – employee protections shot up, not agreed

The employee protections issued to workers following the passage of the Electricity Generator Assets (Authorised Transactions) Bill 2012 through Parliament on 31 May were not what power unions had been attempting to negotiate.

Unions sought the views of members in order to arrive at their position for the negotiations but in the end the Government simply rammed their measures through with no further discussion. Unions NSW and power unions had been meeting representatives from the NSW Treasurer’s Office, Treasury and the Department of Premier & Cabinet since April 2012 in relation to the privatisation of the electricity generators.The last meeting occurred on 28 May with the parties still in dispute as to any final package of employee protections.At that meeting the Treasurer’s Office gave an undertaking to respond to the power unions’ claim and have further meetings around the issue.But then the Government rammed the Electricity Generator Assets (Authorised Transactions) Bill 2012 through Parliament on 30 May thanks to a deal with the cross benchers to allow shooting in national parks.The resulting Act itself makes no mention of specific protections for employees.In fact, it appears to be quite deliberately open ended.

O’Farrell takes shot at rangers for power sale

A package of employee protections (see box at right) was not made available to unions until 5 June during a meeting with representatives from the Department of Premier & Cabinet.At this meeting, a number of issues in relation to these entitlements were raised and the DPC undertook to respond and provide details of the final document to unions as well as a timeframe as to when the generator companies would be communicating with their employees.Despite these undertakings, the issues raised by unions were never addressed.Instead, on 8 June, the Executive Director, Industrial Relations Department of Premier & Cabinet, wrote to unions – with a copy of the notice to employees of the provisions that were still under discussion at the meeting on 5 June, and a copy of the 2012 Bill – and advised that all three generators had provided this information to all workers on that day.A done deal.Yet another example of the journey down O’Farrell’s highway to hell.Unions held site meetings across the generation companies in July to report and receive feedback from members.

Rangers have been placed directly in the firing line after a Government decision to allow recreational hunting in national parks.

The move follows concessions given by the O’Farrell Government to the Shooters Party in return for support of legislation for the sale of electricity assets.

What you can do

1. Contact: Barry O’Farrell, Premier Phone 02 9228 5239 / Email [email protected] Robyn Parker, Minister for the Environment Phone 02 9228 5253 / Email [email protected]

2. Contact your local MP Look up details for your local Member of Parliament here: http://bit.ly/6FLeM

3. Write a letter to local and metropolitan papers You’ll find details for the editors here: http://bit.ly/q6YgOy

4. Keep up to date with news and further action at www.psa.labor.net.au

Transfer of employment to the private sectorAll employees (without exclusion) will have their employment transferred to a private sector employer.Employment guaranteeFor permanent and temporary enterprise agreement employees:•a private sector employer will

not be able to terminate the employment of an employee during the term of the employment guarantee period except:

• for serious misconduct, or

•by the proper application of reasonable disciplinary procedures, or

•by agreement with the employee.

For permanent enterprise agreement employees, the employment guarantee period is four years from the date employment is transferred to a private sector employer. This four year period comprises a:• two-year standard guarantee,

•an additional two-year job maintenance guarantee because the transfer of assets is to proceed by way of sale.

For temporary enterprise agreement employees, the employment guarantee period is either:• the remainder of current term

of employment (as specified in the arrangements under which the employee was engaged as a temporary employee)

• four years from the date employment is transferred to a private sector employer (comprising the two-year standard guarantee and the additional two-year job maintenance guarantee), whichever period ends first.

For permanent and temporary enterprise agreement employees:•a private sector employer

will be able to offer voluntary redundancies at any time following the transfer of employment. Any voluntary redundancies will be

managed in accordance with the provisions of the relevant enterprise agreement.

For individual contract employees:• the terms and conditions of

the contract of employment will continue to apply following the transfer of employment to a private sector employer. No additional employment guarantee applies.

For casual employees:•no employment guarantee shall

apply.

For apprentices:• the apprenticeship and

associated training contract will transfer to a private sector employer to allow the completion of the apprenticeship

•current apprentices who are not directly employed by a generation company shall be offered the opportunity for their apprenticeship and associated training contract to transfer directly to the generation company.

Transfer paymentPermanent enterprise agreement employees, individual contract employees and apprentices will receive the following transfer payment on transfer of employment to a private sector employer:

Period of continuous service

Weeks pay at the rate of base salary (salary less allowances)

Less than 1 year 0 weeks1 year but less than 2 years

7.5 weeks

2 years but less than 3 years

13.125 weeks


18.75 weeks


22.25 weeks


26.25 weeks

6 years and greater

30 weeks

Protection of entitlementsThe following employment protections will apply:•all employees and apprentices

will have their prior service recognised by a private sector employer

•all employees, and apprentices, will have their accrued annual leave and long service leave transferred to a private sector operator OR if the employee requests, cash out of the entitlement, in full or in part at the time of transfer of employment to a private sector employer (subject to any cash out limitations set by legislation)

•all employees and apprentices sick leave balances will be transferred to a private sector employer

•all employees and apprentices will continue on their current superannuation arrangements

•enterprise agreement employees shall continue to receive their terms and conditions of employment on transfer of employment to a private sector employer. These terms and conditions will continue until the nominal term of the enterprise agreement unless employees and a private sector employer agree to vary the terms.

• individual contract employees shall continue to receive the terms and conditions of their existing contract.

Relocation of employeesA private sector employer will not be able to forcibly change the principal place of employment of current permanent and temporary enterprise agreement employees and apprentices during their employment guarantee period beyond the region of their principal place of employment at the time of their transfer of employment to the private sector (eg. Central Coast Region, Hunter Region, Western Region, Shoalhaven Region, Hume Region and Sydney Region). This does not prevent an employee from agreeing to be relocated beyond the region of their current employment location.Apprentice intakesAt least 150 apprentices will be employed across the electricity generation business for the duration of the employment guarantee period.

Package of protections as supplied at meeting on 5 June

A meeting of Delta West members at Wallerawang Power Station sports and social club.


University of New England printery closure pressing concern

Higher education update

The proposed closure of UNEprint – the printery at the University of New England – will not only see 10 jobs lost but will also have a far reaching effect on the whole university and wider Armidale community.

The CPSU, the Union for General Staff at the University of New England, organised a peaceful protest at UNE on 29 June to coincide with the meeting of the University Council.A CPSU petition against the closure collected nearly 600 signatures and comments in just two weeks.

“We use the UNE printery for more than 500,000 pages of secure documents such as exam papers each year,” said CPSU member and Examination and Results Co-ordinator, Kylie Day. “We need a fast turnaround which is always what we get from UNEprint, along with excellent document security. How will academic staff feel when they have to submit their exam papers even earlier because we don’t have the same turnaround?” “UNEprint has been serving the University and the New England community for over 50 years,” said CPSU member and UNEprint employee, Greg Wood. “It seems a terrible shame that a service that has been so heavily relied upon by all levels of staff at UNE for such a long time can be so unceremoniously dumped.”

TAFE moves goalposts in education support staff bargainingTAFE’s proposal for a new enterprise agreement does not include all existing conditions and came with a sudden demand that the original offer of a 2.5% salary increase backdated to 30 June 2012 would only apply if the CPSU agreed to their ‘package’ before 31 July 2012.

At the first bargaining meeting on 4 June 2012, TAFE tabled a draft enterprise agreement that confirmed the offer previously made of a 2.5% pay increase for one year.However, not all of the existing conditions were reflected in the draft which was meant to consolidate the terms of employment that applied to TAFE staff immediately prior to the commencement of the new TAFE Act on 1 December 2011.Of roughly 50 industrial instruments that regulated conditions of employment, TAFE excluded approximately 23.The CPSU, who are the lead union in the negotiations, were then faced with the mammoth task of going through the 50 instruments to ensure that all conditions were included.The second meeting was held on 21 June and it was there that TAFE declared the original offer of a 2.5% salary increase backdated to 30 June 2012 would only apply if we agreed with their proposals before 31 July 2012. TAFE argued this was a direction from the NSW Government’s Wages Policy Task Force.

The CPSU has since requested that TAFE submit to the Task Force that the arbitrary deadline be removed.Further, TAFE have been advised that the unilateral withdrawal of the back pay offer may breach the good faith bargaining provisions of the Fair Work Act as “capricious or unfair conduct”.A failure to reach agreement by 31 July 2012 will not be the fault of the unions.Rather, it will be the direct consequence of TAFE tabling a poorly drafted 232-page agreement which excludes a significant number of existing conditions, thus requiring a detailed comparison with 50 other industrial instruments.Hardly, good faith bargaining.TAFE have also been requested to reformat the agreement in a manner that is plain and clear and easily digestible for all staff. As part of our campaign on 18 July an online petition was set up for TAFE employees to “sign”.The petition requests that TAFE honour its original offer to maintain all conditions of employment and to back pay the increase to 1 July 2012.

Within just two days there were 247 supporters.The petition can be found at http://tinyurl.com/ourtafe-petition.Eventually TAFE accepted their draft agreement does not maintain and protect all current conditions of employment. Prior to the latest meeting, the CPSU provided TAFE with a 25-page document which identified the numerous conditions that were still excluded from the draft agreement.Nearly 40 clauses that would be limited to one group of workers in the draft – but which should be common to all workers under the agreement – were outlined. These included compassionate leave, leave without pay, special leave, study assistance, union rights and purchased leave. TAFE management agreed with a number of our proposals but there remains a significant gap between the positions of the parties.For example, the DET Flexible Working Hours Agreement 2001. This agreement has covered all TAFE and DEC workers since 2001 and is legally enforceable by virtue of Clause 7 Local Arrangements of the TAFE Award and Section 8 of the NSW Industrial Relations Act.However, TAFE will not include this in the agreement.Instead, they propose a clause that the 2001 agreement overrides; an inferior award provision that has not applied to anyone in TAFE for a decade.

Request for informationUnder the good faith bargaining requirements of the Fair Work Act we have provided TAFE with a request for information covering 11 separate areas.TAFE have provided a part response to this request including a breakdown of permanent, temporary and casual staff.Out of 6439 staff that will be covered by this agreement: 3291 are permanent, 1395 are temporary and 1753 are casual.The number of casual staff is significantly higher than expected.

Online surveyWe have opened an online survey for TAFE staff asking, amongst other things, whether they believe the offer of 2.5% is fair and reasonable.So far there have been over 800 responses with 70% saying the 2.5% is unacceptable.More significantly, a clear majority of members indicated that the most important issue for them is the protection of existing conditions.

The listening campaignThe CPSU has commenced an engagement with TAFE workers at all Institutes through a combination of ‘listenings’ and local meetings.The feedback from members, and potential members, has been overwhelmingly positive.

Stop pressAfter two months of bargaining, the CPSU/PSA was able to recommend that members vote for the enterprise agreement for TAFE education support staff.This recommendation was made with some reservation, largely due to the behaviour of the NSW Government and TAFE during negotiations.However, on balance, we believe the agreement that we negotiated achieved the clear mandate that we were given by members – to maintain all existing conditions of employment for TAFE staff.Throughout the process of bargaining we consulted far and wide with members.This included more than 50 group listenings – numerous one on one and phone listenings – and more than 30 industrial update meetings.


You’ve got email?Do you have an email address? Is it on record at the PSA?Email is an increasingly important strand of the PSA’s communication methods.It’s fast and you’re easily able to forward the information on to others in your workplace.Ideally, we would like to have both your work and home email addresses on file just in case there are attempts to block traffic.

Email [email protected] with your details.

In Brief

Pressure leads to inquiry into Cronulla Fisheries closure

Retired officers care for older Australians

Keeping public education in safe hands: a personal viewI work in the child protection and education systems, and am a strong supporter of both the PSA’s Safe Hands campaign, and the union’s push to protect the jobs, conditions and services provided by School Administrative and Support (SAS) staff in public schools.I hold deep concerns around the State Government’s current raft of changes.In the child protection system, there are already inadequate numbers of foster carers to cater to the ever increasing number of children needing care.Reducing carer payments and access to respite care will result in carers leaving the system, placements breaking down and a lack of incentives to attract new carers.Children will be left to suffer in abusive environments for the lack of an alternative.This would be a tragedy and a total abandonment of the quality care that has long been at the core of fostering.Under the Local Schools, Local Decisions initiative, principals will need access to budgets that will realistically cater to the needs of their students, many of which have high and complex needs

requiring specialist teacher and learning support officer intervention.Already it appears that a conservative estimate of $2.3 million per year will be denied to schools in the form of bank interest, which is currently paid into individual school accounts, but under the Government’s initiative, will be absorbed into a centralised departmental account.The school system needs more funding not less. Any reductions in accessible funds will impact on staffing levels, as this is the area that represents the greatest cost to schools. The skills of our SAS staff ensure the smooth running of the public education system in this state, and the loss of any positions will have a huge impact on the quality of learning of our children. Those with special needs will be particularly disadvantaged.While recognising the Government’s need to monitor spending, the educational and life outcomes of our children cannot be compromised by budgets that fail to address their needs.Helen

Tattersalls Building, Level 10, 179 Elizabeth Street Sydney NSW 2000

Phone: 02 9233 4744 Fax: 02 9223 7859

We have accredited specialists in Personal Injury, Employment and Industrial Law. We can also provide legal advice and

representation to all PSA members on:Litigation | Wills | Family law including de facto relationships

Police matters | Discrimination | Conveyancing Deceased estates | Superannuation & disability claims

General legal advice

As members of the PSA you are entitled to the first consultation free of charge upon presentation of a letter of referral from the PSA.

Note: Work related matters must be referred to PSA industrial staff in the first instance. They will advise if a lawyer is required.

W.G. McNally Jones StaffLAWYERS

Proud to be the lawyers for the PSA

Unrelenting pressure by the PSA and workers from Cronulla Fisheries Research Centre has resulted in a parliamentary inquiry into the O’Farrell Government’s decision to close the institute.“Workers at Cronulla Fisheries and the wider community deserve the truth of why this closure and mass decentralisation of specialist jobs has been handled so badly,” said PSA Assistant General Secretary Shane O’Brien.“An inquiry will uncover the true cost of this ill-conceived move, and the impact it will have on the

delivery of quality fishery services for the community.“Hanging in the balance is the continued employment of some of the state’s foremost experts on sustainable fisheries and staff engaged in fisheries research, licensing and management.“The O’Farrell Government has still not given a good reason for the closure of this world-class centre. “Media reports suggest it was not a transparent decision. An inquiry with strong terms of reference can get to the bottom of any irregularities.

“Workers have done all they can to meet with the Primary Industries Minister but they have been ignored for months on end. She has left 147 families in limbo about their future, with many unable to afford a regional move for personal or financial reasons.”The Select Committee is to report back by 23 October.

The Productivity Commission released a report titled, Caring for Older Australians.It received a mixed reception amongst retirement groups, with the majority being concerned with some of the recommendations.The major issue was the ‘user pays’ principle being introduced.Elderly Australians would have to sell or reverse mortgage their home to pay for aged care unless they have other substantial assets.The Retired Associates Branch of the PSA made a submission which detailed nine major reasons as to why some of these

Pursuant to section 268 of the Fair Work (Registered Organisations) Act 2009, the 2011 CPSU-SPSF Group Federal Office Financial Statements are available on the CPSU-SPSF website via the following links:http://www.cpsu-spsf.asn.au/campaigns_backup/general/20111207_233.html http://www.cpsu-spsf.asn.au/campaigns_backup/upload/FinalFinancialReport2011.pdf (PDF - large)

CPSU-SPSF Group Federal Office Financial Statements

recommendations would be detrimental to elderly Australians.The Federal Government has since announced that the family home will not be included in the Aged Care Means Test.Further, there will not be a reverse mortgage scheme to tip home owners back into debt.Obviously, our submission and submissions by other retirement groups had an impact on the Government.

Paul Turner Chair Retired Associates Branch


Nominations are called for positions of delegate onto the Corrective Services (Non Custodial) Departmental Committee.

The following number of delegates are to be elected from all PSA members in the Corrective Services (Non Custodial).

Head Office 2 delegatesMetropolitan Area 6 delegatesCentral West Area 2 delegatesCentral Coast & Hunter Area 1 delegateNorth Coast Area 1 delegateNorth West Area 1 delegateSouth East Area 3 delegatesSouth West Area 1 delegate

Nominations are called for positions of delegate onto the Director of Public Prosecutions Departmental Committee.

The following number of delegates are to be elected from all PSA members in the Director of Public Prosecutions.

Head Office 12 delegates Sydney West Area 5 delegates Country Area 8 delegates

Persons nominated must be financial members of the PSA.Nominations must be on the prescribed form available from the 5th Floor Enquiry Counter, PSA House, 160 Clarence Street, Sydney or from regional offices. The nomination form can be downloaded from the PSA website www.psa.labor.net.au/about and click on election delegates.

Closing date for nominations is Friday 28 September 2012

Nominations must be returned to: The Deputy Returning Officer Public Service Association of NSW GPO Box 3365 Sydney, NSW 2001

They may be hand delivered to the PSA reception desk on the ground floor, or faxed to (02) 9220 0900NOTE: The Executive of the PSA reserves the right to vary the electorates in the event of changes in membership.

Departmental Committee electionsDEPARTMENT OF CORRECTIVE SERVICES

(NON CUSTODIAL)

Director of Public Prosecutions

You don’t still pay your PSA fees by payroll deduction do you?

Switching from the payroll deduction of your union fees to direct debit from a bank account means peace of mind.It locks in your membership of the PSA.It also ensures the strength of your union into the future, making it financially independent of any Government – state or federal, Labor or Liberal – at any time.If payroll deductions were cut not only would our service to you be reduced but our membership would shrink with a corresponding loss in all important bargaining power.

So switch to direct debit at

https://membership.psa.asn.au

or talk to your PSA organiser, delegate or email [email protected].

Really?

Bullying – the workplace eyesore

action and associated legislative get out provisions for all injuries and disease

•presumption in favour of workers compensation claims backed by general practitioner and psychiatrist reports that such injuries arose in the course of work. Insurers to show exceptional circumstances to deny such claims

•WHS (Work Health and Safety) Acts and remaining pre WHS Acts contain a definition of bullying as ‘inappropriate or unreasonable behaviour towards a worker’

•WHS Acts and remaining pre WHS Acts contain a broad psychosocial regulation and code of practice

•a psychosocial hazard prevention based approach be endorsed as a major WHS regulator (WorkCover in NSW) campaign by COAG, with Safe Work Australia co-ordinating its design, development and implementation

•workers and their unions have the legal right to sue for compensation to fully redress workers’ loss, both financial and psychological

The Unions NSW submission was written by the PSA’s OH&S Officer, Shay Deguara during a recent secondment.Shay appeared at the public hearings in Sydney.“I presented evidence on behalf of Unions NSW,” said Shay, “and Kylie McElvie, a PSA delegate in Corrective Services drove up from Dubbo with her six-day-old son to give her statement. A wonderful effort. “I was able to garner interest in the NSW Industrial Relations Commission’s ability to determine industrial issues on a broader basis to include work health and safety matters. “We have had disputes in front of the Commission where the IRC has ordered that a WorkCover inspector assist the parties in resolving a work health and safety issue. The Committee liked this idea.“We also were able to garner interest in getting money for training and research.”The CPSU (SPSF Group) submission on behalf of the PSA featured 29 recommendations including:• return to ‘no fault’ workers

compensation principles and law, removal of reasonable management

Unions NSW, the ACTU and our federal body, the Community & Public Sector Union (CPSU – SPSF Group) all made submissions to the Standing Committee on Education & Employment Inquiry into Workplace Bullying.

•workers and their unions have the legal right to prosecute PCBUs (employers or persons conducting a business) and their officers for any failure to proactively and systematically address workplace hazards

•WHS inspectors and health and safety representatives make broad use of improvement notices to require hazard prevention and risk management of psychosocial risks

•a Safe Work Australia procedure that triggers the issue of a WHS regulator psychosocial improvement notice whenever a bullying complaint is lodged

•consideration be given to general issue of WHS regulator psychosocial improvement notices to all PCBUs in the worst affected areas

•a ‘Dignity and Respect in the Workplace charter’ be endorsed by all the WHS regulators and government for inclusion in modern awards, collective agreements, PCBU WHS policies etc

•workers in WHS regulators be covered by a nationally harmonised psychosocial hazard memorandum of understanding (MOU) negotiated with the workers involved, their unions and the WHS regulators through Safe Work Australia to deal with complaints of inappropriate and unreasonable behaviour

• insecure public sector work in the form of fixed-term contracts and long-term casual employment be deemed an inappropriate and unreasonable behaviour hazard. Insecurely engaged workers are much less likely to raise WHS complaints for fear of losing their position. Governments must review and severely limit insecure work to only cover exceptional short-term employment events

•public sector grievance resolution procedures must be based in natural justice principles, subject to external review, have speedy resolution time frames, be externally investigated and funded by a centralised agency

•all public sector workers be educated on their rights under their OHS/WHS Act and public sector code of ethics/code of conduct to deal with inappropriate and unreasonable behaviour

•health and safety representatives and health and safety committee members be given additional specialised training on psychosocial hazards.

Read more, including links to the submissions at www.psa.labor.net.au.


Super News

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Super sting in tail of federal budgetUnfortunately the Federal Budget contained more changes to superannuation rules which will further fuel uncertainty around the issue.

The key announcements that will affect members are:•concessional contribution caps•co-contributions•extra tax (surcharge) for high income

earners•personal tax•superannuation Guarantee•super tax rebate•changes to ETP tax offset•pension draw down relief.

1. Concessional contribution capsFor 2012/13 and 2013/14 concessional contributions (CC) will be $25,000 for everyone. Indexation of CC will be paused for 2012/13 and 2013/14 with indexation not expected to cause a rise in contribution caps until 2014/15.The trap here is that for 2011/12, the CC for members over 50 was $50,000 but drops to $25,000 from 1 July 2012. Members should remember that CC include nominal employer contributions (SSS & SASS), Salary Sacrifice (SS) into SSS/SASS and any salary sacrifice into another super fund (top up) plus any Super Guarantee (SG) received from other work.2. Co-contributionsThe super co-contribution which was $1,000 has been reduced to $500 from 1 July 2012. The income threshold for receiving the $500 is under $31,920 phasing out to zero on an income of $46,920.3. Reduction of tax concession for

high income earnersMembers with an income over $300,000 will have the tax concession on concessional contributions (notional employer contributions plus salary

sacrifice contributions along with any super guarantee contributions) increased from 15% to 30% from 1 July 2012. Income includes concessional contributions.4. Changes to personal income

tax ratesChanges to tax rates for 2012/13 and 2013/14 are as follows:

2012/2013 %Up to $18,200 0%$18,201 to $37,000 19%$37,001 to $80,000 32.5%$80,001 to $180,000 37%$180,001 plus 45%

2013/2014 %Up to $19,400 0%$19,401 to $37,000 19%$37,001 to $80,000 33%$80,001 to $180,000 37%$180,001 plus 45%

5. Superannuation GuaranteeThe Superannuation Guarantee (SG) will gradually increase from 9% to 12% commencing 1 July 2013 as follows:

Financial years New SG rate2013/14 9.25%2014/15 9.5%2015/16 10%2016/17 10.5%2017/18 11%2018/19 11.5%2019/20 and future FY 12%

The SG age limit of 70 will be removed from 1 July 2013, and employers will be required to contribute to a complying super fund for eligible mature age employees aged 70 and over.6. Super tax rebateFrom 1 July 2013, members with an adjusted taxable income of up to $37,000 will automatically receive a refund of the 15% contributions tax on their super up to a maximum of $500.7. Changes to ETP tax offsetAs outlined in the 2006 Budget, the transitional Employment Terminal Payment (ETP) period ceased at 30 June 2012. Currently, members not subject to the transitional rules, are entitled, on receipt

of ETP, to a tax offset on their ETP up to the low rate cap ($175,000 for 2012/13).From 1 July 2012, where a member’s total income (including the ETP payment) exceeds $180,000, the low rate cap will no longer apply and the excess over $180,000 will be taxed at the member’s marginal tax rate.This is an important change for members who receive payments such as the supplementary superannuation benefit and untaken sick leave.8. Reducing pension draw down reliefPension draw down relief (the minimum amount a member can withdraw from an income stream) of 25% for pensions will continue for 2012/13. Minimum payment amounts for account-based, allocated and market linked (term

Pre-retirement seminars, September – December 2012For SSS & SASS members we are conducting these seminars:

St Marys SASS 13 September 4:30pm – 8:30pmBurwood SASS 18 September 4:30pm – 8:30pmBurwood SSS 19 September 4:30pm – 8:30pmSydney SSS 24 September 9:00am – 1:00pmSydney SASS 25 September 9:00am – 1:00pmWollongong SASS 2 October 4:30pm – 8:30pmWollongong SSS 3 October 4:30pm – 8:30pmGoulburn SASS 9 October 4:30pm – 8:30pmYoung SSS / SASS 10 October 4:30pm – 8:30pmGoulburn SSS 11 October 4:30pm – 8:30pmSydney SSS 16 October 9:00am – 1:00pmSydney SASS 30 October 9:00am – 1:00pmAlbury SSS/SASS 7 November 4:30pm – 8:30pmDeniliquin SSS/SASS 8 November 4:30pm – 8:30pmPenrith SASS 12 November 4:30pm – 8:30pmPenrith SSS 13 November 4:30pm – 8:30pmParramatta SASS 19 November 4:30pm – 8:30pmParramatta SSS 20 November 4:30pm – 8:30pmSydney SASS 3 December 9:00am – 1:00pmSydney SSS 6 December 9:00am – 1:00pm

We’re also conducting Understanding Your Super seminars for SASS members:

Burwood SASS 20 September 5:30pm – 7:45pmWollongong SASS 4 October 5:30pm – 7:45pmPenrith SASS 14 November 5:30pm – 7:45pmParramatta SASS 27 November 5:30pm – 7:45pm

If you would like to book for a seminar please ring (02) 9238 5931 or email [email protected]. It’s important you advise in your email which scheme you’re in when making a booking and which seminar you would like to attend.

allocated) pensions will be reduced by 25% for 2012/13 and will return to normal in 2013/14 as follows:

AgeOrdinary draw down provisions

Reduced draw down provisions for 2012/13

Under 65 4% 3%65-74 5% 3.75%

If you have any concerns about how these changes may affect you, you should seek financial advice.State Super Financial Services provides financial planning advice for no fee.Phone 1800 620 305 to discuss any issues you may have.

Ron Davis Full-time Board Member SAS Trustee Corporation


Editorial Production: PSA Communications UnitDesign: Go Media Design, phone (02) 9319 6066Printer: Rotary Offset Press, phone (02) 9764 0222 Enquiries: PSA Communication Unit, (02) 9220 0908Managing Editor: John Cahill, General SecretaryIssue Editor: Murray Engleheart Writer: Murray Engleheart

Copy deadline for next issue of Red Tape is 21 September 2012.

Red Tape

Contact the PSAPhone (02) 9220 0900 | Toll free 1800 467 932 Fax (02) 9262 1623 | Email [email protected] or [email protected] | Visit www.psa.labor.net.au

PSA / CPSU DIRECTORYPSA ExecutiveSue Walsh, PresidentJohn Cahill, General SecretaryShane O’Brien, Assistant General SecretarySteve Turner, Assistant General SecretaryRex Drummond, Vice PresidentWendy Hurry, Vice President

SYDNEYGPO Box 3365 160 Clarence Street SYDNEY 2001Phone: (02) 9220 0900 or 1800 467 932Facsimile: (02) 9262 1623Email: [email protected] changes: (02) 9220 0956 Email: [email protected] Tape: (02) 9220 0907 Email: [email protected] of publications: (02) 9220 0908 Website: www.psa.labor.net.au

CENTRAL WEST REGION2/107 Bentinck Street BATHURST 2795Phone: 1800 467 932 Mobile: 0408 410 746 Facsimile: (02) 6332 1535 Email: [email protected]

CENTRAL COAST-HUNTER REGIONSuite 2, Level 3 Devonshire House, 406-408 King Street NEWCASTLE WEST 2302Phone: 1800 467 932 Mobile: 0419 022 274 Facsimile: (02) 4929 4798 Email: [email protected]

NORTHERN REGION2/133 Keen Street, LISMORE 2480 PO Box 818Phone: 1800 467 932 Mobile: 0408 263 044 Facsimile: (02) 6621 4690 Email: [email protected]

NORTH WESTERN REGIONShop 14 The Atrium Shopping Centre 345 Peel St TAMWORTH PO Box 682, TAMWORTH 2340Phone: 1800 467 932 Mobile: 0428 410 745 Facsimile: (02) 6766 3352 Email: [email protected]

SOUTH EASTERN REGIONSuite 13, 104 Crown Street PO Box 986 WOLLONGONG 2520Phone: 1800 467 932Mobile: 0409 455 682 Facsimile: (02) 4226 4667 Email: [email protected]

SOUTH WESTERN REGIONSuite 2, 27 Forsyth Street PO Box 649 WAGGA WAGGA NSW 2650Phone: 1800 467 932 Mobile: 0428 410 749 Facsimile: (02) 6921 9663 Email: [email protected]

COMMUNITY & PUBLIC SECTOR UNION (SPSF GROUP)David Carey National Secretary Level 4, PSA House 160 Clarence Street SYDNEY, NSW 2000Phone: (02) 9299 5655 Fax: (02) 9299 7181 website: www.cpsu-spsf.asn.au

COMMUNITY & PUBLIC SECTOR UNION (SPSF GROUP NSW BRANCH)Sue Walsh, Branch PresidentJohn Cahill, Branch SecretarySteve Turner, Branch Assistant SecretaryShane O’Brien, Branch Assistant SecretaryRon Davis, Branch Assistant Secretary for “POA” Sub-BranchRex Drummond, Branch Vice PresidentMargaret McLoughlin-Fullick, Branch Vice President

Don’t take the low road Barry

No railroading

of public services


Join SCU today and enjoy special banking discounts for PSA members.

Plus you’ll get:

No direct debit fee on your PSA Union fees

State of the art Internet banking

Great deals on your car, home and contents insurance

20 branches

* Discount is off SCU’s standard variable rate. ** Offer applies on standard rates only and does not apply to other special offers.Terms and conditions, fees and charges

apply and are available upon request. All loans are subject to SCU normal lending criteria. Sydney Credit Union Ltd ABN 93 087 650 726 Australian Credit Licence/AFSL 236476. Offers are current as at 13/11/11 and are subject to change.

Call 13 61 91, or email [email protected]

Because we are not for-profit, our loan rates are already among the most generous in Australia. But, your PSA membership will get you an even more generous deal. To start enjoying your special PSA benefits:

0.35% - 0.70% less on your home loan*

2% less on your credit card**

2% less on your personal loan**

2% less on your overdraft**

www.scu.net.au

2011 2012

august/september 2012 o’farrell to rewind …...already among the most generous in australia. but,...

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