PSA confronts private jail plans - Public Service Association
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RedTape January–April 2016 www.psa.asn.au
Public Service Association of NSW
Post Office approved PP 255003/01563 ISSN 1030–0740
PSA confronts
private jail plans
The State Government’s obsession with privatisation continues, this time
with plans to 'market test' the operations of NSW prisons.
However, the PSA’s Steve on performance targets for the state’s inmate population passes
MacMahon is not convinced. first time” and “an independent 12,000.
“We have been trying to work consultant has been engaged to Interview on the ABC, Minister
with the Baird Government in analyse public prison operations Elliot described NSW prisons as “a
fixing the overcrowding crisis in in NSW and compare them to the growth industry”.
our jails, but this is purely about private sector as well as public As the Government ponders more
selling off public assets to get prisons in Queensland”. privatised options, a report from
their hands on more money.” the University of Sydney has found
However, the benchmarking
In a recent performance audit, privatised prisons “will not lead to
process will not apply to the John
Corrective Services NSW increased public accountability”.
Morony prison, which is going
was urged to “complete its straight to ‘market testing’. “There are many instances of
benchmarking exercise on public private prison failure,” reads The
correctional centre performance”. The Government’s moves, teamed Costs of Commissioning by Associate
with a boost in bed numbers in Professor Jane Andrew, Dr Max
The report found that “individual
Berrima and Cessnock, come at Baker and Dr Philip Roberts.
public correctional centre
a time when prison numbers are “Recent examples include the
performance could not be
determined as correctional skyrocketing. death of Mr Ian Ward during a
centre KPIs [key performance The performance auditor report transportation by G4S, the serious
indicators] and benchmarks were said NSW has “experienced misconduct by Serco staff at Mount
not clearly set”. significant growth in its inmate Eden NZ, and the mismanagement
of Melbourne Metropolitan
In response, Minister Elliot population”, growing 20 percent
Women’s Correction Centre by the
announced “public prisons will in two years, with recent riots in
Corrections Corporation of America.”
be required to meet and report Goulburn and Wellington as the
The PSA will be working with officer in, not just NSW, but the
staff at the John Morony medium- country, is under threat from this
security jail near Windsor, north-
west of Sydney, to prevent its
operations falling into the hands
heavy-handed tactic.”
The ‘market testing’ at John
Morony Correctional Centre will
Call to arms over outsourcing
of the private sector. be overseen by Professor Gary PSA General Secretary Anne Gardiner speaks to some of the department’s critical roles, which bring
After announcing plans to Sturgess, holder of the NSW Land and Property Information (LPI) employees $100 million a year into government coffers.
‘benchmark’ the operations of Premier’s Australia and New outside Queen’s Square, Sydney in February. For a full report on the protest, plus news on a
the state’s prisons, Minister Zealand School of Government Workers later marched on the nearby State Government back-down over LPI outsourcing, turn
for Corrections David Elliott Chair of Public Service Delivery at Parliament to protest against plans to outsource to page 9.
announced plans to “market the University of New South Wales.
test” the possibility of a private In 2000, Professor Sturgess worked
operator running the John Morony for the Serco Group, a company
medium-security jail near Windsor, that runs prisons in the United
north-west of Sydney. Kingdom and parts of Australia.
“Privately run prisons in New Serco was found to have covered
Zealand have been a debacle with up the sexual abuse of immigrants
inmates setting up fight clubs and under its watch at Yarl’s Wood
posting videos of their fights on Immigration Removal Centre
social media,” says the PSA’s Prison prison in Britain.
Officers Vocational Branch head
Steve McMahon. Writing in the Sydney Morning
Herald in the week the plans
“There is no accountability or
for John Morony were released,
transparency.
Sturgess denied the NSW
“The NSW public jail system boasts Government was planning
the best officers in the world.” outright privatisation.
McMahon adds that a week before “The point of the exercise is not
the announcement, “the Minister to outsource the management
was announcing bravery awards of NSW prisons, but to create an
for our members, who faced environment where cost and service
life-threatening incidents in our quality are measured, facility by
overcrowded jails”. facility, and where management
Interviewed on Seven news, Mr is held to account for a persistent
McMahon said, “Every prison failure to deliver,” he wrote.
Anne Gardiner From the General Secretary
The PSA is taking action
As you'll be painfully aware, the individual and collective needs of
PSA members are increasing due to this Government’s escalation
of restructures, privatisation, performance management, badly
supported IT projects and targeting of conditions.
These attacks are unprecedented in in mainstream newspapers on the The MSC managed to completion 7,500 against PSA advice, this may affect what
NSW public service history and have also importance of the work being done by cases arising from these calls. assistance the PSA can provide.
resulted in massive work overload for PSA members. In order for the PSA to continue to Finally, it is recognised that there are still
many members. The PSA has also established a Member areas where improvement is needed in
focus resources on delivering a positive
In addition, the NSW Government has Support Centre (MSC) in order to service outcome for the greatest number of the way the PSA is working.
changed the way it manages staff through increased member needs. members, we currently triage calls using However, PSA staff are committed to
the GSE Act and the creation of the Public The MSC allows all members equal the following principles: continuous improvement and to assisting
Service Commission. access to the PSA and has also resulted members with the very challenging
• When members contact the MSC, our
This means the PSA and its staff have had in the creation of a comprehensive environment now being faced.
staff will discuss how we can assist to
to adapt to these changed circumstances database of issues. Anne Gardiner
resolve the issue raised.
and adopt a different approach. This database has allowed the PSA to General Secretary
• For every issue, the PSA will assess, on
As part of this changed approach, the quickly identify emerging issues and to
behalf of all our members, what can and
PSA has developed a proactive media and reallocate internal resources.
advertising focus. can’t be done, and what will and won’t
A recent example of this was the hundreds
be done, in respect to the issue.
The aim of this has been to lift the profile of temporary jobs saved as a result of a
of public sector workers and also raise coordinated and proactive approach taken For example, we cannot assist if the caller
concerns in the community about the by the PSA and its members. is not a financial member of the PSA or if
direction the NSW Government is heading the issue arose before the member joined.
In 2015, Advocacy and Case
with its mass privatisation of public services. Management Officers in the MSC were Importantly, where assistance has
In the last six months, the PSA has the first point of contact for almost previously been requested about the same
had four opinion pieces published 28,000 calls from members. or a similar issue, or if the member goes
Special constables get deserved recognition
Congratulations to NSW Special Constables.
Special constables were presented with the
inaugural National Medal, recognising their
critical work serving the people of NSW.
General Secretary Anne Gardiner
joined invited guests to see acting
Commissioner Catherine Burn present the
well-deserved medal.
PSA members will remember it was the
brave work of Special Constables who
averted further tragedy when public
servant Curtis Cheng was murdered in
Parramatta.
Special Constables play important roles
in security and protection as part of NSW
Police Counter Terrorism Command.
March for equality
The double standards PSA members and staff marched
from the union’s headquarters to the
applied to male- and female- Industrial Relations Commission to
dominated industries were protest about the lack of consultation
highlighted in a PSA march over the total privatisation of parts of
Disabilty Services.
through Sydney. The Commission was concilliating the
dispute about the lack of consultation
lodged by the PSA.
Marchers pointed out conditions for
employees of the privatised ferry system
were much more favourable than those in
ADHC, which has more women employed
in its ranks.
2 – Red Tape January–April 2016
Back in black: Member profile
PSA wins money Jules Bros
NPWS
owed to SAS staff Jules Bros has been working as a ranger with the National Parks and
Wildlife Services in Oberon’s Kanangra Area office for 18 years.
The PSA has helped win back PSA brings festive cheer What does your job involve? NPWS being helicoptered into a remote
pay for three School Learning An ADHC employee has described the
Kanangra Area staff manage 21 fire; assisting in a search and rescue;
reserves, from Jenolan Caves in the rescuing wildlife, usually snakes from
Support Officers (SLSOs) who PSA as an “amazing organisation” after east to Wyangala Dam in the west. buildings or injured wildlife along
had been underpaid for years. his union prevented him being stood Our core business involves managing; roadsides; get called out to a law
down just before Christmas. pest and weed control programs; park enforcement issue on park; assist in
Three staff members at the one school Lindgren Farley was one of a number infrastructure; looking after visitor hazard reduction burns; or it could turn
were at times engaged less than the of disability support workers required and recreational facilities; threatened- out to be just a busy day catching up
minimum two hours per day. to obtain police clearances for working species conservation; law enforcement; on the endless paperwork in the office.
When they did work more than two hours with children. fire management, which is both wild What do you enjoy about your job?
per day, they were not paid for their However, while he met the cut-off date, fire suppression and hazard-reduction The variety of work I undertake and
10-minute morning tea break. he was told not to come into work burning; wildlife management both on- the great people I work with – we are
The three members contacted the PSA until it was cleared. and off-park; search and rescues; and a very tight-knit team at Kanangra.
Member Support Centre (MSC). Making matters worse, Mr Farley’s multi-agency landholder liaison. And And I like working in such a beautiful
As a result, in November 2015, the MSC family had just joined him from Liberia, that is to name but a few. and adventurous part of Australia and
contacted the industrial relations section after an eight-year wait to be reunited. knowing that my work and lifestyle
What is a typical day at work? There
of the Department of Education and have positive implications towards
Without his income the family was is no such thing as a typical day
Communities, to advocate for members. building a healthier environment for
facing a bleak Christmas. at work and that is why I enjoy my
the future.
In March 2016, numerous incidences were Intervention by the PSA saw Mr Farley job so much. You never know what
uncovered of underpayment to all three and other ADHC workers kept on your day will bring: you may end up
SLSOs, who were each found to be owed unless an adverse police finding was
about $6000. handed down.
The SLSOs will be paid the full amount by
the department, which will then recover
Mr Farley is thankful for the role the
PSA played in getting him back to work
Call for nominations
the monies from the school. so quickly. Central Council calls for nominations from interested members and delegates of the
The school is negotiating a repayment “I didn’t know how such an organisation PSA for the following committees:
plan with the department. could be so concerned about me. • Newcastle Trades Hall Council
“I have started encouraging others who • South Coast Labor Council.
have not registered for membership
Members from these particular areas only will be eligible to nominate.
with the PSA to hasten registration.
Contact: slockey@psa.asn.au
“With confidence I can clearly say all
has been good.” Please note: there is no expenses allowance available for attendance at these
committee meetings.
Know your limits in schools The LMBR template
The PSA is working with the NSW Nurses and Midwives Association feedback form
The PSA has developed a template
to better support students with special needs in the state’s schools. form to enable us to better capture
member feedback on the LMBR
School Administration and Support (SAS) • PSA staff will be shown the training kit • Staff must be appropriately trained and program. The easy to use online form
staff have been pressured to perform that is delivered by Nurse Educators for remunerated in accordance with the has been sent to members.
invasive medical procedures on students, Health Care Procedures. award. The feedback received through the
despite this not being in their duties. • PSA feedback to the health care The Special Considerations Panel template form will be fed through
In one instance, a SAS staff member was procedures will be reconsidered by the includes representatives from the PSA, the PSA's regular LMBR meeting with
the Department, and the NSW Nurses and the department.
instructed to insert a catheter into a student Department in greater detail and a
Midwives Association. Only the panel can
with specific health needs, despite the staff further meeting will be held with the
approve a student’s Special Consideration
member having no health training. Department to discuss our concerns.
Application. KPMG LMBR Report
With government policies ‘mainstreaming’ • PSA staff have requested attendance SLSOs who choose to volunteer are advised Through our member contacts the PSA
many special-needs students, SAS staff are as an observer at the next Health Care not to perform any procedures requiring had become aware that the Department
increasingly being placed under pressure Procedure training day. special consideration without first sighting of Education commissioned KPMG to
to perform invasive medical procedures • The Department will not release the the student’s Health Management Plan review the implementation of LMBR in
better performed by trained nursing staff. manual until agreement is reached with and an approved Special Consideration a selection of 229 schools in 2015.
The PSA has been working closely with the PSA. Application. On 1 October 2015 the PSA wrote to
the Special Education Working Group PSA members will continue to be updated the Department seeking that a copy of
and the NSW Nurses and Midwives as meetings progress. the report be disclosed to the PSA.
Association in providing the Department However, the Department declined to
with feedback on the draft Health Care In the meantime the PSA would like
provide the report.
Procedures Manual, which was recently up to remind members of the following
important points. The PSA then put in a Government
for review. Information (Public Access) Act
On 15 January 2016, the Department • Health care procedures should only 2009 (GIPA) application to obtain
provided a response to the PSA’s feedback, occur under the direct supervision of a this document and we obtained a
although your union is not satisfied that teacher. partial release of the report on 2
the concerns raised in our feedback have • Invasive procedures such as February 2016. Securing this report
been appropriately addressed by the catheterisation and deep suctioning are is most useful for the PSA and our
Department. not within the SLSO role. membership.
The PSA is now in the process of
Accordingly, the PSA notified a dispute on • In relation to shallow suctioning
having this report reviewed by our
the issue on and assisting with intermittent self-
lawyers and we will update members
3 February 2016. catheterisation, special consideration
further upon receiving legal advice on
The PSA had our first dispute meeting applications are required (see below). this issue.
with the Department on 25 February • Health care procedures are voluntary
2016. At this meeting the following action and no SLSO should feel coerced or
items were agreed to: pressured into undertaking these duties.
January–April 2016 Red Tape – 3
Sue Walsh From the President
When the going gets tough, 'Angry' ADHC
the tough join a union goes viral
It’s no secret that these continue to be extremely
difficult times for NSW public sector workers
– and workers worldwide.
It seems we are constantly being seems to be picking up speed In essence, the more members
forced into unchartered waters with their reforms rather than the union has, the more powerful
by the Baird Government, with biding their time. its position in its dealings with
regard to our jobs, our conditions The bottom line is this: unions the Government and individual
and our future. and the PSA specifically are the agencies and departments.
And that was before the Treasurer only barrier that exists between A strong united membership
decided in late February to step you and the Government’s anti- makes for a formidable opponent
up the Government’s efforts to public sector agenda. for any employer or Government.
grind down the public sector It’s that simple. That is not rhetoric but fact.
further with even more job cuts. And make no mistake; it is
The State Opposition is all
It should be very clear by now that too often missing in action or essential that we not only be such
the Baird Government might like absent entirely when it comes to a force but also grow to meet the The PSA has launched Online campaigner Jordan
Shanks Markovina, better
to talk up the benefits of a strong standing up against the attacks on challenges ahead. an online campaign known as Friendlyjordies, has
public sector when it suits. the public sector. So if a colleague is not a member, to publicise the Baird highlighted the doublespeak of
But in reality, the sector is have a conversation with them
considered by the Government as
It is the PSA and only the PSA
about joining the PSA.
Government’s plan a government that talks about
that has the capacity to do the offering better choice to people
little more than a budgetry play hard yards on your behalf and on Remember: united we bargain, to move all disability with a disability - while actually
thing that can be squeezed for behalf of the services you provide. divided we beg. support work to the removing their most popular
funds when required. choice of care.
There is strength in being a Sue Walsh private sector.
The Government are only one member of the PSA and strength President The online campaign can be
year into their new term in office, in being shoulder-to-shoulder accessed via the PSA website or
but as the Treasurer’s recent push with other members across the Facebook page.
indicated, the Baird administration state as a collective.
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4 – Red Tape January–April 2016
PSA hits the All PSA members are
invited to…
road in Bathurst PSA Annual Conference 2016
Thursday 26 May & Friday 27 May
Wesley Centre, Pitt Street Sydney
Country conference meets on 25 May at 6pm
Any PSA member can nominate to attend Annual Conference
as a conference delegate.
Preference will be given to those members who have not
attended Conference before.
PSA Annual Conference is the largest gathering of PSA
members and an advisory body to Central Council.
Conference places for PSA members are based on workplace
constituencies or combined workplace constituencies. See
Assistant General Secretary of the PSA, our website for a list of constituencies, conference delegate
Steve Turner, visited Bathurst recently to numbers and nomination forms: www.psa.asn.au.
hear from members and show support to Nominations close with the PSA Secretariat Lesley Twigger –
a region particularly affected by job cuts. ltwigger@psa.asn.au – by COB 2 May.
It is estimated that approximately 310 Members may apply to their Department for two days’ Special
jobs will be cut in the Bathurst region Trade Union Leave to attend Conference.
alone – damning families and the local Expense forms are sent to successful country conference
economy, not to mention some of society’s delegates along with their confirmation of nomination.
most disadvantaged.
If you have any queries please email Lesley Twigger at
The visit included meetings with ltwigger@psa.asn.au
correctional staff members, ADHC workers
and employees of the Trustee and Guardian.
Local MP Paul Toole was described at the
rally as 'the minister for job cuts'.
We do everything
as if you are here
You work hard to support the
community; we work hard to
support you.
Your needs, your goals,
your retirement.
You wouldn’t have it any
other way. Neither would we.
Winner.
Best Growth
Super Fund. firststatesuper.com.au | 1300 650 873
This document contains general information only and does not take into account your specific objectives, financial situation or needs. Before making a decision about First State Super, consider the Product Disclosure Statement
(PDS) for the product you currently hold or are considering. The PDS is available from firststatesuper.com.au or by calling 1300 650 873. FSS Trustee Corporation ABN 11 118 202 672 AFSL 293340 is the trustee of the First State
Superannuation Scheme ABN 53 226 460 365.
January–April 2016 Red Tape – 5
Penalty rates good for Out of the fire and
business, finds report into a pay storm
NPWS employees work
A familiar refrain from the business community – penalty rates on the Yokalaba hazard
are bad for the economy – has been dealt a blow by a report reduction burn, setting fire in
a controlled manner to 227
from the McKell Institute. hectares in Kanangra Boyd
National Park on 17 February
to protect surrounding
private property, pine
The recent Productivity Commission rural areas made a living in retail The report also found parents plantations and the tourist
precinct at Jenolan Caves.
flagged the idea of cutting penalty or hospitality – a rate higher than working longer hours to make
rates for workers in Australia’s in the capital cities. up for a cut in hourly pay can
hospitality and retail sector. Workers are not the only ones have a negative impact on
Under the commission’s plans, families, particularly if more than
who will suffer.
public sector workers were to one person in the household is
Cuts to the spending power of a dependent on penalty rates.
be exempt from changes, in part
disproportionate number of local
due to higher rates of union The report was compiled using
workers would be likely to affect workers from a variety of fields,
membership.
rural and regional businesses. from low-paid positions such as
Organisations such as Restaurant
“Most respondents indicated supermarket shelf-stackers to
and Catering Australia and
that they would need to reduce better-paid jobs such as high-
companies such as Brickworks NSW National Parks and Wildlife Yet rangers have been advised
their expenditure on items end chefs and a trainer working
Limited (a major donor to the Service (NPWS) Rangers are that their weekend loading of 17
and activities including dining for a bank.
Liberal Party) have supported returning from fighting fires in percent may be cut and far fewer
out, social activities in their Western Australia and Tasmania staff will be required to work
moves to cut penalty rates.
area, tourism, events, home to learn the Office of Environment weekends to protect our National
The McKell Institute has issued renovations, extracurricular and Heritage (OEH) is planning to Parks and their visitors.
a report in response to these
activities for their children, cut their pay and weekend hours.
moves to strip workers of long- Rangers are more than happy to
insurance products, and minor Rangers play an important part in work additional weekends but are
standing benefits, which date
leisure items.” firefighting throughout Australia, not prepared to take a 17 percent
back to a 1909 ruling in the
Commonwealth Conciliation and Items particularly at threat from with more than 100 of them pay cut.
Arbitration Commission. such discretionary spending already deployed interstate this “National Parks are a major
would include takeaway fire season to fight major wildfires weekend and holiday destination
The report authors, from Equity
coffee, takeaway food or in various states. for thousands of families and they
Economics and UMR Strategic
restaurant meals – much Rangers working weekends also rely on the experienced efforts of
Research, found rural and
regional areas, overwhelmingly of which is provided by fulfil many important duties, rangers to maintain a safe leisure
represented by the Liberal smaller, locally owned including visitor safety; law environment,” says PSA General
and National parties, would be businesses. enforcement; rapid response Secretary, Anne Gardiner.
The report found “a partial firefighting; flora and fauna “In the past two years alone, the
disproportionately affected by cuts
monitoring; checking facilities and rangers' ranks have been reduced
to penalty rates. abolition of penalty rates
campgrounds; and undertaking by 20 percent. There are currently
“While the effects of such a in the retail and hospitality
search and rescue operations. 50 unfilled ranger vacancies in
change would be widely and sectors would result in … a
loss of disposable income NPWS staff are an essential part the NPWS with only 212 rangers
deeply felt throughout the
of between $53.8 million of assisting the Rural Fire Service now remaining to manage our
nation, in homes and around
and $106.2 million per (RFS) in conducting some hazard- magnificent national parks.”
kitchen tables of wage earning
reduction burn offs. The PSA is pressing the Baird
employees, there will be a annum to local economies
disproportionate impact on the in rural NSW”. Depending on the location, an Government to fill the 50
towns and local economies in NPWS striker unit could be at a vacancies and maintain the
Non-metropolitan regions
rural and regional Australia.” fire 30 minutes or more before an rangers’ weekend conditions.
in other states and
RFS truck.
The institute found that about 18 territories would face
NPWS people also fill key roles in
percent of workers in regional and similar threats.
the Incident Management Team at
large fires.
PSA helping break down barriers
to longer employment
Discrimination against older workers and those with disabilities
is holding back Federal Government plans to keep Australians in
employment for longer, the PSA has claimed.
In a submission to Willing to seeking a profile of employee to raise concerns about Or, sadly, workers miss out on of younger employees, and that
Work: National Inquiry into similar to the stereotypical discrimination, the outcome was roles because there is a belief employers ‘don’t want a geriatric
Employment Discrimination Against traditional ‘standard worker’.” usually less than positive.” people would rather deal with looking office.”
Older Australians and Australians The PSA surveyed members about But there was hope for people younger, prettier faces. “This was mentioned by
with Disability, conducted by discrimination in the workforce, who did have the courage to “Roles described by respondents respondents as a particular
the Australian Human Rights with sobering results. speak out. as ‘frontline’, such as customer problem for older women.
Commission, the PSA claimed service roles, seem to be an area “Other respondents noted that
Almost 38 percent of respondents “Most of those lodging the
“conflicting messages are being of particular concern. older women do not feature in the
indicated they – or the person on matter with a tribunal lodged
sent to older workers and workers NSW Governments current jobs
whose behalf they were submitting their matter with the NSW Anti- “One respondent spoke of being
with disabilities”. website, possibly confirming that
the survey – had experienced Discrimination Board. overlooked for a customer service
The submission claims “penalties discrimination in employment on an older woman is not quite the
“While most applicants did not role, despite 12 years of experience
are frugal and do not reflect ‘look’ they are after for the sector.”
the grounds of disability. receive everything they asked in similar roles.
the real damage that workplace The PSA has made 15
discrimination does to victims of About 11 percent of PSA for, all stated being reasonably “When the applicant queried
recommendations to the Willing
discrimination”. members returning survey forms satisfied with the outcome.” whether age was a factor in the to Work inquiry, including
said they had experienced some decision making process, this was
“Despite demographic and The submission’s respondents separate funding for workers with
form of discrimination for their denied – despite not one person
attitudinal changes in society said many of the difficulties faced disabilities, a Commonwealth-
role as carers. hired for any of the roles being run body to audit and report on
and the workplace, legislative keeping older workers come
Tragically, only 24 percent of from “a prevailing mentality that over 50. discrimination at state level, a
instruments, policy and the
availability of technology that those who had experienced older workers are ‘unable to learn “One respondent indicated that better workers compensation
enables job redesign, many discrimination took action. quickly’, are ‘slow’, ‘inflexible’, ‘fixed some workplaces seem to want a scheme for older employees and
respondents stated a perception The submission says: “Of those in their ways’, and ‘are not good certain ‘look’ to the business unit, more funding for legal advice.
that some employers were still who did have the courage with technology’.” a ‘fresh look’ that motivates hiring
6 – Red Tape January–April 2016
First State Super’s response
to climate change
Climate change presents significant risks to large investors like
superannuation funds and, by definition, their members. First
State Super has responded to these risks by adopting a portfolio-
wide Climate Change Adaptation Plan.
In December 2015, world leaders Reaching a critical state in any This is referred to as stranded
assembled in Paris for the 21st complex system is like your car’s asset risk.
Conference of Parties (COP21) of brakes failing — by the time you First State Super’s Climate Change
the United Nations Framework realise they’ve failed, it’s usually far Adaptation Plan seeks to protect
Convention on Climate Change too late to do anything about it. our members’ investments against
amid a groundswell of global the risk of climate change through
This two degrees from pre-
climate activism and mounting three ‘lines of defence’:
scientific evidence of global industrial times. Scientists
1. Assess the risk that climate
warming. estimate that, so far, average
change presents to the current
temperatures have risen 0.8 of a
Global warming is a commonly investment portfolio and look
degree — 0.5 of which has been in
used term but few people realise for ways to reduce or remove
just the past 35 years. these risks.
that it has a specific technical
definition. Carbon dioxide is re-absorbed 2. Work with the people who are
Global warming is the product of very slowly, so even if the world managing the companies and
something called radiative forcing, did not produce one more ounce assets we own to ensure they
which occurs when more heat of the gas, temperatures are still take account of the impact Women and their super
energy enters our climatic system projected to rise another half a that climate change is having Jean Turner Chapman and Graham Green from First State Super gave a
than leaves it. degree above pre-industrial levels. on their assets. presentation on women and superannuation at PSA House in Sydney.
First State Super also sponsored the PSA’s International Women’s Day
The surplus heat energy must be Unfortunately, the world is still 3. Consider the scope for
luncheon. About 30 staff attended the presentation to hear more about
retained somewhere and most of producing high levels of carbon investment in renewable superannuation issues often faced by female workers.
it makes its way into the upper dioxide. energy and related
layers of our oceans. technologies. These
In the absence of coordinated
The ultimate outcome of investments will benefit from
global policy action, we are
surplus heat energy retention the transition to a low-carbon
projected to breach the two- economy.
— caused by the accumulation degree limit within 20 years.
of carbon dioxide (CO2) and The introduction of the adaptation
other greenhouse gases in the Climate change of this magnitude plan follows the announcement
atmosphere — is climate change. presents risks to investors such as of changes to the fund’s socially
First State Super. responsible investment (SRI)
We see this in thawing arctic
permafrost, melting ice caps Catastrophic weather events such options. One of the most
and glaciers, increasing ocean as severe flooding or bushfires are significant of these changes is the
nutrient levels and higher a direct risk to investment assets, removal of companies materially
surface temperatures that while the possibility of global involved in fossil fuels.
increase the intensity of storms policy action to reduce emissions
and super-typhoons. can threaten the value of our
This isn’t something we can simply investment in, for example, fossil-
respond to when the time comes. fuel companies.
Unions must recalibrate
In an address to the ACTU 2016 Leadership Forum, president of the Australian
Council of Trade Unions (ACTU), Ged Kearney, issued a challenge to union leaders to
come up with ways to arrest declining memberships.
“I don’t want to oversee the A report on membership by two services tailored to their needs, four million workers – have their
demise of a proud and successful union-aligned authors, Chris although this would not likely wages and conditions set directly
union movement on my watch,” Walton and Erik Locke, says include bargaining or high-level by an enterprise agreement
said Kearney, who described the unions may need to offer a ‘lite’ industrial representation negotiated by a trade union”.
address as “a crisis meeting”. membership for lower cost to • Collective members: would be “Another 20 percent have their
reverse declines in the number of the same as the current full- wages set through union activity –
“We have dropped the ball,”
people joining labour bodies. service union membership. either via awards, minimum wage of
she said.
To “avoid growing inequality” the The paper adds the “binary” issue the EBAs setting the market floor.”
“We had a big focus on
authors recommend unions stop of union membership – you are in “We can be very proud of that.”
organising and recruitment 10
working as “a one trick pony” and or you are out – excludes many
and 15 years ago. The Walton and Locke paper says
introduce four different levels of potential members who may have
“But somewhere along the line “guilt and gratitude” arguments,
supporter. empathy with the organisations’
over the last decade we have where unions point out to non-
• Supporters: not charged fees, beliefs, but don’t want to pay members the ethics in receiving
stagnated, despite the isolated but encouraged to donate, annual fees.
wins and some great recruiting benefits others pay for, have
these people would be on a Other suggestions from the report limited success.
efforts along the way.” database and sought for help in include broadening the number “The conventional wisdom of
Kearney says while threats to campaigns on individual issues of non-industrial services on offer, extending the benefits of union
union memberships come from an • New area members: paying fees such as financial planning or negotiations to non-union
increasingly casualised and ‘uber- of as little as a dollar a week, career development. members needs to be revisited.
ised’ workforce, there are some these members in traditionally The paper also discusses the “free “We are providing a service at
growing industries ripe for unions non-union areas would be rider” issue, where non-members considerable expense, which is
to target. reached via methods such as who receive the benefits won by benefitting a large number of
She gave the example of social media and receive basic collective bargaining for free fail non-members.”
residential aged care, which she services according to their to see why they should pay union
estimated outside nursing has only needs dues.
about 10 percent union coverage. • Package or non-collective As the ACTU’s Ged Kearney
There are other theories around members: paying between $300 pointed out in her “crisis meeting”,
on how to reverse this drop in and $400 a year, these members “over 40 percent of 9.6 million
numbers. would receive additional Australian employees – almost
January–April 2016 Red Tape – 7
Future directions for social
housing in NSW How developers wriggle free from social
housing obligations
On 24 January 2016 the NSW Government released Future Directions A proposal to construct separate neighbourhood has had some
for Social Housing in NSW, committing it to an expanded role for the doors for low-income and areas upgraded by Australian
high-income residents of a company Lend Lease.
community housing and private sectors. British housing development is Despite lofty plans for more
horrendous enough. than 1100 affordable homes in
The new directions include: income in rent was 1.5 percent particular impacts of the reform
for public housing and 7.6 are likely to be required. But the story gets worse: building London’s expensive market, only
• More than 23,000 new and
percent for community housing. two entrances was deemed too 74 were built.
replacement social and FACS districts manage housing
expensive, so the promised low- To cut the number of affordable
affordable housing dwellings. This is just one of the arguments demand, the allocation of public
income housing was simply not homes it was required to build,
Minister Hazzard has said this for a robust public housing sector housing and other supports. These
constructed at all. Lend Lease used a loophole
comprises 17,000 replacement in NSW. members may be affected by the
dwellings and 6000 new ones transfers to community housing. The above example comes from allowing them to claim affordable-
The PSA wants NSW Government
within 10 years. development of inner city land home conditions imposed on
funds prioritised for additional Any changes for staff in the in London’s Elephant and Castle them for the development made it
• Increasing the use of private public housing and for the proper Housing Contact Centre will also district that has been used as an unprofitable.
rental assistance products by maintenance of stock. need to be understood. example for NSW to follow. The London example illustrates
60 percent as an alternative to
The PSA is engaging with FACS The policy says that the Traditionally an area with a large the risks NSW faces in following
social housing.
and members on the implications Aboriginal Housing Office will amount of low-cost government the British model of public
• New communities with mixed of the new policy. On 25 January continue to work closely with housing, the south London housing.
social housing and private 2016, the PSA sent an email to all Aboriginal CHPs to maintain its
housing.
• Transferring management of up
members in FACS with a link to the
new policy and asked for feedback.
ongoing commitment to ensuring Millers Point redevelopment off to a
Aboriginal people in NSW have
to 35 percent of social housing Issues raised included concerns equal access to, and choice in, rocky start
to community housing providers about how the policy will affect affordable housing. A Georgian-era house sold as Despite an order from City of
(this is to occur within 10 years), future employment such as possible part of the Millers Point sell- Sydney to stop work, Mr Adams
with longer-term leases to be The NSW Land and Housing
transfers to the community housing Corporation is responsible for the off has been gutted by its new continued.
determined on a case‑by‑case sector and the need for recognition owner, who ignored heritage
basis. ownership and management of The maximum fine for ignoring
of the good work that staff in NSW Government social housing considerations and even council heritage orders such as these is
• 3000 new social and affordable Housing NSW do now. demands he stop work. $1.1 million; Mr Adams was fined
assets and the PSA wants to
dwellings via the Social and Lloyd Adams purchased a house a paltry $60,000.
On 4 February 2016 the PSA understand further how housing
Affordable Housing Fund. on Argyle Terrace formerly used
requested a meeting with Paul developments and transfers will Despite appeals from the
In May 2009 Housing Ministers Vevers, the Deputy Secretary, FACS affect these members. to house low-income tenants. National Trust to end the sell-off
agreed the community housing Southern Cluster Districts and He immediately began gutting until there are guarantees this
sector should own and/or manage Again, the PSA will need to clarify
Housing State-wide Services to any specific implications of the the home, including original will not happen again, homes at
up to 35 percent of social housing consult on the new policy. features listed as “being of Millers Point continue to be sold.
stock by July 2014. policy for these members once
PSA staff and delegates met with implementation plans are clearer. exceptional significance”.
It was claimed the community Mr Vevers on 11 February 2016.
housing sector represents a
responsive and client-focussed He advised:
approach to social and affordable
housing provision.
• There are around 140,000
social housing dwellings and Privatisation found to
entrench disadvantage
The policy has reaffirmed the approximately 28,000 of those
commitment to the 35 percent are currently managed by
target but over a longer Community Housing providers
timeframe. (CHPs) i.e. currently 20 percent
of properties are CHP managed. In news that will come as no authors found the outsourcing
The PSA is not convinced there surprise to our frontline members, of services to jobseekers has
will be better outcomes for • To get to the 35 percent target
a report has confirmed the biggest particularly affected those out of
tenants from a greater reliance on around 23,000 public housing
losers in the privatisation debate work for long stretches of time.
community housing and private properties will be transferred to
are society’s disadvantaged. While previously government-
sector provision of social and CHP management.
Grand Alibis: How declining public run agencies, such as the
affordable housing. • The transfer program has sector capability affects services for Commonwealth Employment
Rather, it is just a shift in links to the accelerated the disadvantaged is produced by Service, would work in tandem
responsibility for managing those redevelopment of public the Centre for Policy Development. with other agencies, outsourced
tenants from government to non- housing with 23,000 new jobseekers services are more likely
The title comes from one of the
government organisations. properties planned over 10 to work in isolation.
report’s criticisms of privatisation,
The policy assumes that years; of these around 6000-
namely: Different privately run services
expansion of housing for the 6500 will be new properties.
"Blurred responsibility for were also blamed for rising
most vulnerable must depend on • Personal Support Plans which recidivism among former prisoners:
service outcomes has led to the
an expansion of community and are proposed for ‘opportunity’
emergence of grand alibis where "Welfare providers, advocates
private sector participation. group tenants who would responsibilities to the private
no one organisation is held and independent bodies, such
The PSA doubts the new policy access public housing as a as the Victorian Ombudsman, sector, this accumulated
accountable for service problems
will make significant inroads into transitional step would likely consistently highlight the knowledge is at risk.
or entrenched failures".
the full level of demand for public, be contracted to providers with importance of coordination between
The report says “Australia is facing Other advantages of reversing
social and affordable housing. expertise in transitions into different services, and call for
a growing crisis of disadvantage” the trend towards outsourcing
Currently there are around 60,000 study and work. urgent investment in holistic and include keeping accountability
failed by policymakers, government
households on the waiting list The changes may mean that and non-government bodies. preventative corrective services for public spending close to the
in NSW and some households in Housing NSW staff have different targeted at the deeper and source – “ultimately, the buck
Despite the neo-liberal zeal
need are not on the waiting list. types of conversations with underlying causes of offending". stops with government” – and
governments of all stripes
Housing NSW has predicted by clients and there would be new While privatisation adherents claim the effectiveness of the state’s
have dedicated to privatisation,
2021 more than half the demand work on housing relocations the public sector is inefficient, broad spread of services offered.
the report found there is a
for social housing will be from which would likely involve the report’s authors point out a The report recommends
strong public expectation that
older people and people with a Housing NSW staff and possibly, variety of advantages the state governments:
governments are responsible for
significant disability. contractors. Selection of staff to has over outsourcers, including “an
delivering social services. • build public sector capability
work on relocations would be via unparalleled and assured source of
Homelessness remains an issue in It quotes an Essential poll, taken by resourcing government
a proper recruitment process. applied expertise”.
NSW and around a million low- to in September 2015, stating “82 departments to act as effective,
moderate-income households It is not possible to estimate percent of respondents answered The report reads: “The persistent policy entrepreneurs
across the country are in 'housing detailed impacts of the new policy that it was either very important accumulated institutional know- • ensure outsourcing passes a
stress', paying more than 30 percent on housing staff at this point but or somewhat important that how that remains in federal Net Public Impact Test
of their gross income on housing. reassignment of Housing NSW government retain capability and and state departments that
• improve the evidence base by
The latest Productivity staff and some transfers to CHP skills for service delivery – with have traditionally been oriented
ensuring that the forthcoming
Commission report on providers are possible. the strongest views from those 35 towards service delivery should
Productivity Commission review
Government Services shows FACS has agreed to ongoing and over”. not be undervalued or excluded.”
of human services considers
that the proportion of NSW consultation on the implications In the field of long-term However, the authors concede public sector capability to act on
low‑income tenancies paying of the policy. The PSA noted that unemployment, the report’s that as governments shed disadvantage.
more than 30 percent of gross consultation and discussions on
8 – Red Tape January–April 2016
LPI workers rally
against sell-off push
More than 100 Land and Property “The PSA is yet to see or even
Action from the PSA has
Information (LPI) workers held hear of a proper business case,
prevented two arms of Land
a meeting before assembling cost benefit analysis or post sell
and Property Information (LPI)
outside the department’s Queen’s off evaluation that states the clear
falling into the clutches of the
Square building and marching advantages to the consumer of
private sector.
to Parliament House to protest government services being run
against the proposed privatisation by private operators,” said PSA After threats of action from the
of Titling and Registry Services. General Secretary Anne Gardiner. PSA the Department of Finance,
Services and Innovation
LPI held a number of staff briefings “A private operator will be driven
announced on 11 February that
to discuss the scoping study. by profit – why else would they
the LPI’s Valuation Services and
Whilst the PSA is pleased buy an enterprise? – which
Information Sourcing arms will
Valuation Services and means higher fees for services
remain in government hands.
Information Sourcing will no which will of course be passed
down to the consumer. This not only preserves a
longer be considered part of
valuable government function,
the scoping study, there is still “The security of land titles should
it also saved a large number
widespread concern about the remain in the hands of the
of regional jobs in Bathurst,
proposed privatisation of Titling Government not the private sector.
where many of the LPI’s
and Registry Services. “The Land Titles records underpin functions are performed.
The PSA also has concerns at the the security of the financial
Jobs such as these are vital to
planned review of these units system of the state of NSW.
help sustain smaller regional
and how Titling and Registering “Currently, the Government centres.
Services, Valuation Services and provides insurance and security of
Information Sourcing will operate property titles. Photo credit: Amy Conley
as separate units from July 2016.
“But if LPI is sold to a private
The PSA believes LPI should operator, individual owners may
remain wholly in the hands of have to take out insurance to
public servants who are impartial guard against unscrupulous
PSA ready to take on
and not profiteering from the property developers acquiring
taxpayers of NSW. their land.”
The LPI brings $100 million a year
in revenue to NSW.
Treasurer’s cutback agenda
Medical assessments The PSA is ready to resist the Treasurer’s
plan for even further cuts to the NSW
kept in check public service.
Talking at the Sydney Institute, couple of tiny crown trusts with was made about the spiralling
The PSA has successfully lobbied employee is suffering from a a right-wing think tank run small responsibilities. costs of contractors.
the Public Service Commission non-work related injury or health by conservative commentator Ms Berejiklian’s planned ‘savings’ “She failed to tell you that in the
(PSC) to improve its changes to condition which is impacting on Gerard Henderson, Ms Berejiklian follow on from $8 billion in cuts last six months, contractors have
medical assessments for non- their ability to perform their role. announced her intention to shrink and 15,000 job losses when now- cost $303 million in Transport,”
work related medical conditions At the end of this assessment, the size of the public sector. premier Mike Baird was Treasurer. Ms Gardiner said.
and injuries. there is the possibility an While conceding infrastructure Speaking on ABC Newcastle, PSA “If we are going to have a proper
Based on the issues the PSA employee may be medically growth – a function of the state General Secretary Anne Gardiner debate about this, let’s debate on
brought to the PSC’s attention, the retired. – is one of the things driving the says that while the Treasurer the facts.
PSC made some improvements to To date this process has been NSW economy, Ms Berejiklian is talking about job cuts, she is “Let’s not have one side of the
the proposed guidelines, such as: managed by a sector-wide policy. claimed “it is not necessary to actually talking about putting argument.
• more stringent requirements grow the public service in order more services into the private
However, in draft guidelines “This is the way this
to stimulate employment growth”. sector’s hands.
surrounding consultation issued on 11 November 2015 government has been working;
with an employee prior to the PSC proposed this policy be The treasurer says she is “I worked as a public servant it’s smoke and mirrors.”
determining if a medical devolved to the agency. targeting entities such as for NSW for nearly 30 years,
departments, agencies, state- Ms Gardiner added if cuts
assessment is necessary Individual agencies will therefore and in that time I have never
owned corporations boards, to the public sector in NSW
• mandatory steps that an agency be able to determine their own experienced a more duplicitous
committees and trusts, with continued, the public will “turn
must undertake when making procedures surrounding medical government,” she said.
accompanying cuts to public around and the things they
a decision about an employee’s assessments. “They say one thing and they value will be gone”.
sector jobs.
medical retirement While the PSA welcomes the really mean another.”
“It is an opportunity for This is why the PSA is determined
• the obligation on an agency to changes, some of the union’s Ms Gardiner added that the State to ‘out’ the Government on its
governments to generate more
investigate if alternative duties concerns remain, including issues Government is “demonising public privatisation agenda.
services and infrastructure from
are available in the instance surrounding the devolution of the servants” to get the public onside
limited resources,” she added,
the employee’s medical advice medical assessments policy. for its privatisation plans.
confusingly.
states that alternative duties Although Ms Berejiklian was
are an option. However, while talking big
boasting to the Sydney Institute
on job cuts in “870 separate
Under the Government Sector that her job cuts program while
government entities” to her
Employment Act 2013 (NSW), Transport Minister had cut
unquestioning audience of free-
agencies are entitled to direct costs and increased services, Ms
market zealots, the Treasurer
employees to undertake a medical Gardiner pointed out no mention
only specifically mentioned a
assessment if they believe an
January–April 2016 Red Tape – 9
JUDGEMENTS
Access to kids part of
roster decision: FWC
The Fair Work Commission has found an the job or he quit after refusing a
employer must take family considerations
into account when rostering employees.
compromised offer.
Deputy President Karen Bartel found PSA member wins compo case
The Commission found in favour of that under the retail award, the employer
The Court of Appeal last year handed The employer then appealed this decision
divorced father Jaymon Hocking, whose had not complied with its obligations
down a very important decision in favour to the Full Bench of the Industrial
employer, an Adelaide tackle shop, altered to consider its workers’ positions when
of the PSA and all injured workers in NSW. Relations Commission, which overturned
the roster he had worked to for three years. drawing up new rosters.
For the last two years, the PSA has been the original ruling.
The new roster required Hocking, a full- The roster period was also found to
fighting to have an injured Correctional The PSA then decided to appeal this ruling
time permanent employee, to begin exceed limitations set by the award.
Officer returned to his previous of the Full Bench to the Court of Appeal.
working on days he had access to the Deputy President Karen Bartel also employment under Section 240 and 241 Your union made the decision to appeal
children from his previous relationship. found that two different accounts of of the Workers Compensation Act 1987. as the matter had implications for all our
Attempts failed to amend his roster to get how Hocking left the company had no
This member was injured undertaking members and because it fitted within
two Sundays a month with his children. bearing on her decision, stating: “In
his duties and as a consequence was its broader strategy of leading the fight
Depending on which testimony one some circumstances a resignation can be
medically dismissed and subsequently against the unfair aspects of the workers
believes, Hocking was told to leave deemed to be a dismissal.”
received a payout. compensation legislation.
The injured Correctional Officer eventually On December 4 2015, the Court of Appeal
FWC decide on post-
recovered and wished to be reinstated to set aside the ruling of the Full Bench and
his previous employment. court costs were awarded to the PSA.
privatisation coverage
The PSA took his case to the Industrial The only avenue of appeal now within the
Relations Commission where the court system is to the High Court.
Commissioner found in favour of our
Home Care members employed by In July 2015 with the details of the member.
Australian Unity have yet to learn if privatisation unconfirmed but looming,
their federal union– CPSU (SPSF) will the CPSU submitted an application to the
represent them under their new working
arrangements.
In February 2016 the Home Care Service
Fair Work Commission (FWC) to enrol and
represent persons employed to perform the
work of the HCS, whomever the employer.
General Training Courses
of New South Wales (HCS) was sold by the The matter has been heard across four
NSW Government to a private consortium, days in February and March before the SYDNEY METRO REGIONAL TRAINING
Australian Unity. PSA members employed FWC, with a decision reserved at the time Dealing with Restructures – Friday 29 April Role of the Delegate (Port Macquarie)
by HCS had their employment forcibly of press. – Tuesday 3 May
Public Speaking – Tuesday 3 May
transferred to the new employer, and the In the interim, the PSA continues
Dealing with Member Issues Role of the Delegate (Wagga)
PSA successfully fought to ensure their to represent its HCS members with
– Tuesday 31 May – Tuesday 10 May
terms and conditions of employment Australian Unity.
transferred with them. Dealing with Restructures Dealing with Member Issues (Wollongong)
– Wednesday 15 June – Tuesday 17 May
Dealing with Workplace Bullying
– Tuesday 21 June
Role of the Delegate – Tuesday 28 June
Role of the Delegate – Wednesday 29 June
COURSE OUTLINES:
Role of the Delegate INFORMATION
TWO-DAY COURSE: discusses the role These courses are available at no charge
of the delegate and active members: to PSA/CPSU members.
what delegates do, delegate protections, Non-members wishing to attend
Sunday organising skills, recruitment, working our training will need to submit a
with issues, union values and
May 1st 2016 involvement. Any member can learn from
membership application first.
Participants are responsible for their
this course and is welcome to apply.
own travel and other costs incurred in
Belmore Park Dealing with Member Issues attending training.
Assemble at Belmore Park (Corner ONE-DAY COURSE: for delegates who Venues
of Railway Square and Eddy Avenue) want to develop their ability to assist
n ks All training courses are held at PSA
es dri
Marching to Victoria Park. members with individual workplace issues.
Rid
House,
n d t The course will look at how to deal with
da en 11 am individual issues by using the problem
160 Clarence St, Sydney – unless
Fo o in m assembly for otherwise stated.
t e rta 11.30am March
solving framework, and by developing
NB: Lunch is not provided. Tearoom
En advocacy skills.
facilities available with tea, coffee, fridge
Advanced Delegates (NEW)
and microwave.
ONE-DAY COURSE: for delegates who
Special needs
have completed the Role of the Delegate
course and wish to further develop If you have a disability and/or special
their skills as a delegate. It will look needs, please contact the PSA training
SYDNEY
at advanced recruitment techniques, staff when you enrol.
analysing issues, campaign skills and Special leave for trade union training
dealing with member issues. Most state public sector members are
Dealing with Bullying in the Workplace entitled to paid Trade Union Training
MAY DAY MARCH ONE-DAY COURSE: designed to assist
members and delegates in dealing with
Leave. Your delegate/organiser will be
able to provide the details.
& Family Fun Day bullying and harassment at work. These courses are available at no charge
to PSA/CPSU members.
@SydneyMayDay Non-members wishing to attend
our training will need to submit a
www.facebook.com/sydneymayday/ membership application first.
RSVP at events@psa.asn.au
CONTACT BY EMAIL : training@psa.asn.au
10 – Red Tape January–April 2016You can also read
