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INFORM Print Post Approved PP702512/0001

SUMMER 2016/17

Everything you need to know about Portable Long Service Leave inside! LET'S FIX LONG SERVICE LEAVE: A CAMPAIGN FOR PORTABLE LSL IN TASSIE | PAGE 5 THE ESSENTIALS ABOUT LONG SERVICE LEAVE | PAGE 16

Campaign Launch: Portable Long Service Leave

Editorial: HACSU's Exclusive Online Learning Long P10Portable Service Leave: Danny's Story

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#Priority1 Ambulance Pay Deal

CONTENTS

Public Sector Unions Wages Agreement 2016

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INFORM IS THE OFFICIAL JOURNAL OF THE HEALTH AND COMMUNITY SERVICES UNION TASMANIA.

THS Corporate Services: Win for Job Security!

Who's who at HACSU?

Mary Ogilvy Workers United in Action

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Member Benefit: Professional Indemnity Malpractice Insurance

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Delegates Conference 2016

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Meet Your Delegates (Part 1)

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Locked In!: Win for Eskleigh Workers

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The Essentials About Long Service Leave

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Union representation is a Workplace Right & "You didn't need all those hours, did you?"

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HACSU Women at the Anna Stewart Project & Unions Tas Women's Conference

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Workers Blamed for Bad Decisions

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Meet your Delegates (Part 2)

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Take a Break & Work-Related Stress

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Member Benefit: HESTA Superannuation

Editor: Tim Jacobson, HACSU State Secretary. Contact: assist@hacsutas.net.au or 1300 880 032. Responsibility for electoral comment in this publication is taken by Tim Jacobson, 11 Clare Street, New Town, Tasmania 7008. Produced by Health and Community Services Union Tasmania Branch (ABN 80 085 253 953) ÂŠ 2016. All rights reserved. Printed by Mercury Walch. Distributed by Australia Post. Cover photo by Richard Parkinson. Articles published in Inform express the opinion of the authors and are not necessarily those of HACSU. While all efforts have been made to ensure details are correct at the time of printing, These are subject to change.

Who's who at HACSU? Committee of Management Tim Jacobson | State Secretary, HACSU

Robbie Moore | Assistant State Secretary, HACSU

Judy Richmond | President, Mersey Community Hospital (After Hours Co-ordinator) Chris Webb | Senior Vice-President, HACSU (Holiday Home Maintenance Officer) Prunella Peschar | Junior Vice-President, DHHS—Community Health (Social Worker) Leigh Gorringe | Trustee, Oral Health Services (Dental Therapist) Peter Moore | Trustee, Disability Services—NW (Service Co-ordinator) Pam Brock | Member, Strathdevon—NW (Extended Care Assistant) Andrew Challis | Member, Yaraandoo Nursing Home (Enrolled Nurse) Mike Coombs | Member, Royal Hobart Hospital (Radiographer) Christine Hansson | Member, The Hobart Private Hospital (Registered Nurse) Marlene McHenry | Member, Beaconsfield District Health Service (Domestic) Audrey Prosser | Member, Launceston General Hospital (Hospital Aide) Carolyn Shearer | Member, Oak Enterprises (Disability Service Worker) Pictured: Standing — Marlene McHenry, Carolyn Shearer, Audrey Prosser, Robbie Moore, Tim Jacobson, Chris Webb, Peter Moore, Andrew Challis, Leigh Gorringe. Kneeling — Pru Peschar, Judy Richmond, Pam Brock. Absent: Christine Hansson, Mike Coombs, Dave Thomas.

David Thomas | Member, Ambulance Tasmania (Paramedic)

Ambulance sub-branch health professionals Sub-branch Lauren Hepher | President (IC Paramedic)

AJ Heiermann | Vice-President (Paramedic)

Lyn Crombie | Communication (Team Leader Communications) Chris Benjamin | North West Representative (IC Paramedic) James Scott | Southern Representative (Paramedic) Natalie Konig | Northern Representative (Paramedic) David Thomas | Northern Representative (IC Paramedic) Simone Haigh | Project Officer (IC Paramedic) Daryl Pendry | Project Officer (Flight Paramedic) Contact Person: Chris Kennedy via HACSUassist

dental officers Sub-branch Marcus Barton | President (Dentist) David Basser | Vice-President (Dentist) Contact Person: Tim Jacobson via HACSUassist

nurses sub-branch Leanne Cowen | RN, Roy Fagan & Hobart Private Judy Richmond | RN, Mersey Community Hospital Eileen O'Leary | RN, Launceston General Hospital Sharon Doherty | RN, Flinders Island Multi-Purpose Centre Susan Banks-Smith | EN, Roy Fagan Lyn Taylor | RN, Community Health Bicheno All nurses, registered and enrolled, public and private, are eligible to be on the Nurse Sub-Branch. The constitution of the Sub-Branch allows for casual vacancies to be filled, so please make contact if you are a delegate and would like to represent your profession on the Sub-Branch. Contact Person: Joanne McEvoy via HACSUassist

The constitution of the Health Professionals Sub-Branch allows for casual vacancies to be filled, so please make contact if you are a delegate and would like to represent your profession on the Sub-Branch. Contact Person: Robbie Moore via HACSUassist

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Editorial

From state secretary Tim Jacobson

Start learning online With HACSU In addition to the strong representation we provide on member, workplace, industry and national levels. Through various means, HACSU continues to build upon the non-industrial benefits of your membership. Whether it be through providing you with great opportunities for discounts and holidays through our member-owned holiday homes across the State, to more tangible workplace protections such as providing Professional Indemnity Malpractice Insurance for care staff, Nurses, Allied Health Professionals and Ambulance employees to cover you in the event that there is an incident that might result in legal action against you and/or your employer, HACSU continues to deliver fantastic member benefits. Over the past year, we have been working hard to provide a low-cost avenue for members to access online learning that provides opportunities not only to expand your skills and knowledge but also, in the event that you are required to undertake learning as a component of your professional registration, you can now do it at low cost and keep your information in the one place. It’s free to register and set yourself up with your own portfolio where you can store your own learning records including any inhouse training you may have done. This allows for you to plan your learning and have a ready access

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to your portfolio whenever you need it. If you are a regulated health practitioner, it allows you to record all of your Continuing Professional Development in one place and upload the evidence of your CPD. The resource library continues to grow. No matter what your occupation you will find something on our learning platform to interest you. There are hundreds of modules for you to choose from giving you the opportunity to tailor your own learning to you own individual needs. It’s a great resource and it’s for HACSU members. New courses continue to be uploaded keeping pace with contemporary issues and practices across our industries. Our latest range of new modules includes: • Bullying in the Workplace, Managing Difficult or Challenging Behaviours

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The Theory of Ageing – Physical, Mental and Psychosocial Changes • Methamphetamine Presentation in the Emergency Department • Bipolar Disorder – Treatment and Management • Mandatory Reporting and the Aged Care Act 1997 – The Who, What and When When you purchase your subscription, you receive instant access to all of our core modules and you have the option to purchase additional premium modules separately. Pricing for each course is extremely competitive and heavily discounted for HACSU members. Online learning is a valuable and additional benefit of being a member of HACSU. Follow the link on the HACSU website to check out what it has to offer. You can’t beat it. ▲

Let's fix long service leave! In November, HACSU launched our very important campaign for a Portable Long Service Leave scheme, to cover workers in aged care, disability and community services, contract cleaning and security. Our campaign, run jointly with United Voice, addresses a very big problem. Workers in these industries are, more often than not, unable to access long service leave because they have changed employers. There are countless reasons for workers changing employers. In these casualised industries, often you need more than one job just to make ends meet. In many cases, members have had no choice but to change jobs to continue to have meaningful and regular work. Here's an example: a client or their guardian chooses to change their service provider. The client is keen to keep but the same support worker or carer, but the worker can only stay with their client by

changing their employer. The worker decides to move to a new organisation to provide continuity of care to their client - but they lose all of their entitlements, including their long service leave accrual. With the roll-out of the National Disability Insurance Scheme, and with further changes to consumer choice in the aged care sector, this situation is far from uncommon. And it's just one of many scenarios that lead to workers changing employers. There is a very urgent need for a Portable Long Service Leave scheme to provide these workers due recognition and reward for their time spent in their industry. The scheme will also provide for the sector to keep its most loyal, best and brightest employees. HACSU and United Voice members are standing together in this campaign as we call on the Tasmanian Government to follow in the footsteps of the ACT and

the Tasmanian building industry, and implement a Portable Long Service Leave scheme for our industries. So far, we have heard many stories from members about their time spent in community and disability services and in aged care without achieving long service leave. We've listened to members who have said that they are physically and mentally exhausted from doing the job that they love, but after 20 years they still have been unable to access long service leave. It's clear that the system is broken. At our campaign launch, we heard Danny McCormick's story about why he works in disability services and his experience with long service leave. â–ś Keep reading on Page 10 for Danny's story.

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Mary Ogilvy Workers United in Action When Mary Ogilvy management refused during negotiations to include Bullying & Harassment and Excessive Workload clauses, members knew it was time to stand together in solidarity as a united front. Management rushed the Enterprise Agreement out to ballot with a huge 73% majority of staff saying NO! HACSU consulted with the delegate and members who overwhelmingly supported taking Protected Industrial Action. Fair Work Australia had approved the protected action and bans were all set to be implemented, but management wasn’t having it. They had one-on-one meetings with each staff

member and then advised in writing that if staff took part in any of the bans they would have their day’s pay docked. The bans in question? Taking lunch breaks on time and wearing a badge. No matter how wrong and unjustified the threat was, HACSU didn’t want to see our members to suffer such a hit to their weekly wage. So instead, our members pursued another kind of protected action. There were over 50 people at Mary Ogilvy’s first stop work meeting, sending a message to management loud and clear. Families and friends of staff attended the stop work meeting in support and solidarity, and members at the meeting

firmly endorsed a community campaign plan. Members decided to continue holding regular stop work meetings. They also wrote a letter to New Town residents, telling them about how they were treated with contempt by Mary Ogilvy. Members enveloped the letters by hand and spent days walking the streets of New Town delivering them. Everyone who participated in the campaign at Mary Ogilvy should be proud of the strength and solidarity they showed in their campaign. Going into the future, Mary Ogilvy members know that there is power in standing together united. ▲

Sharon - Mary Ogilvy

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1 Y T I R O I R P # E C N A L U B M A

The Ambulance Tasmania 2016 EBA has been voted on, approved and implemented! It wasn’t quite an easy road, though. We were surprised by the Government when they rejected the deal that was completed in February 2016 on the basis that it was outside the Government’s Wages Policy. Presumably this was due to the inclusion of an additional pay point and there would have been a ‘signon’ bonus which was to offset the removal of some entitlements. In response to this ridiculous decision, HACSU members took industrial action! We ran a campaign that was short but sure packed a punch. Ambos wrote on their Ambulances in chalk pen and caused a media uproar: apparently, we were vandalising public property. The chalk wiped off with a damp cloth, but it seemed to really hit a nerve with the Government. We kept up the pressure with help from the community and we won! Members ended up with a revised offer from the Government which was even better than February’s deal. The new agreement provides for full back pay of 2% annual wage rises to December 2014 and December 2015;

it also improves terms and conditions in relation to rosters and improves access to meal breaks for our Members. The first 2% pay rise backdated to 2014 was not part of what was agreed in February 2016. This EBA is a big step in the right direction. Hopefully we do not need to be as adversarial in the future as there’s a lot of work to be done and being proactive is the best way forward. Bargaining for our next EBA is due to commence in late 2017. If members want to relay concerns or suggest improvements, contact your Industrial Officer, Delegate or an AESB Executive member. Your AESB Executive are working on more improvements: • Wellness program implementation, which includes better Peer Support and CISM mechanisms • Presumptive PTSD recognition under the WC legislation • Fatigue Management Programs • Improved Resourcing through better data analysis

Meet Mark Green He loves footy and boats, and he's your new Southern Organiser. • Including reviews of specialist tasks such as rescue and air ambulance resources • NEPTS reviews • Improvements to operational equipment, including Uniforms, Ambulance Stations, Vehicles and Clinical Equipment • Reducing “Hospital Ramping” • Improved mechanisms for skills upgrades including changes to scope of practice as needed for advanced skills. • Improvements in initial training, monitoring and improving/reviewing individual technical skills • Improvements to volunteer officer education processes • ESCAD Project – HACSU is keen to ensure that AT personnel and specific issues are not lost within this multi-agency project. These things can’t be solved overnight and the AESB Executive needs help from all Ambulance members and also any members in other areas who might have special skills. If you would like to make a contribution please email chris.kennedy@hacsutas.net.au ▲

"Before coming to HACSU I was at Nyrstar for 8 years where I was the CFMEU delegate and bargaining rep. And before that, I worked for 19 years in production, logistics and sales roles and I was the delegate for the AMWU as well as being the state WHS rep. "I've always been (and always will be) an advocate for workplace rights. "Becoming part of the HACSU industrial team is very exciting! It is a little daunting but it's a challenge I'm embracing with open arms. My favourite part of the job so far is meeting members face-to-face. I love the constant support from my comrades and I'm looking forward to helping members with their struggle and workplace issues and forming close relationships. "Growing up I lived in St Helen's. It was a fantastic lifestyle - surfing, fishing, football and family. My family have always been working class citizens and union members. "One of my favourite things to do when I'm not at work is powerboat racing, which I've been involved in for many years statewide I'm also proud to be a Richmond Tigers supporter and I follow the Hobart footy club here in Tassie." ▲

Danny's Story

▶ Continued from Page 5.

person with choices.’

"I’m a Disability Support Worker and team leader.

"The things they should be able to take for granted but quite often can’t.

"My job involves running a share facility for disabled people and making sure they have access to choices and independence and everything people would have in a normal everyday home environment.

"It feels very special, it feels like an honour to be able to go in and make a real change.

"I started in the disability sector in 1991 and in my time I’ve had more than half a dozen employers.

"I actually visited Tasmania, so it was long service leave that brought me here and gave me the opportunity to look around and decide that this is where I want to continue my life.

"I’ve changed employers because the caseloads have changed, because clients have needed different types of services. And because it’s a casualised labour force. "You’re always putting together bits and pieces of work wherever you can find it. I’ve also worked with the same person across several agencies because their requirements have changed; I’ve quite often moved from one agency to another or provided different types of services through different agencies to provide continuity of care. "I have always enjoyed working with people with disabilities and with special needs because I enjoy being able to provide something that everyone else takes for granted. And I can just use the skills that I have built up over all these years and go in and say ‘Right, I can supply this person dignity. I can supply this

"I have accessed long service leave once before, years ago when I was working with the South Australian Government.

"But as far as accessing long service leave since then - well, there’s no opportunity really unless you stay with the same employer. "Working short periods of time here and there, you don’t have the same capacity to access it. "If I had access to long service leave again now, it would give me the chance to recharge my batteries and see more of the state, and spend some time with my family. "It’s a role that demands a lot of you. It demands a lot of your time, and time is a precious commodity. "At the end of the day it would be nice to say ‘I’ve spent all

of this time doing long hours and working strange shifts and missing so many events for a reason.’ "To say, ‘Here is my opportunity to have some time back for myself with my family.’ "Not having access to long service leave feels frustrating. It’s particularly frustrating knowing that they’ve got a system set up if you’re in the building industry here, but we’ve got a system that locks a lot of us out of long service leave. "I feel like I work in a field where a lot of what we do is taken for granted. "You can get long service leave for building houses, but if you provide people with dignity and with choices and security, you don’t deserve the same deal." ▲

PROFESSIONAL INDEMNITY MALPRACTICE INSURANCE. You can’t afford to be without it.

HACSU’s Professional Indemnity Insurance policy (the HACSU policy) protects you against claims for loss, injury or damage arising from an act, error or omission in the performance of your services. HACSU Membership includes Professional Indemnity Insurance if you are in a role that has a personal care component. Financial Members of HACSU identified as being a Health Professional, Nurse, Ambulance Officer, or Personal Carer are covered by the HACSU policy. Coverage consists of: Malpractice Indemnity Public & Products Liability Extension Legal Benefits

$10,000,000 limit any one claim $70,000,000 in the aggregate $10,000,000 limit any one claim $70,000,000 in the aggregate $100,000 limit any one claim $700,000 in the aggregate

Good Samaritan Acts Endorsement This coverage indemnifies against liability at law for compensation and claimant’s costs and expenses resulting from any breach of duty in connection with the insured’s profession, in Australia. It will also pay costs and expenses incurred (within the limitations and with the written consent of the insurer). The HACSU policy is on a “claims made” basis - failure to immediately report any circumstance that may lead to a claim may result in the claim being denied. Conversely, an incident which occurs and is reported during a policy period covers claims made at any time in the future, subject to definitions, extensions, exceptions and conditions of the policy. All Members who are employees are covered by the policy, whether employed in the private or public sectors, regardless of how much the Member earns. Members are covered whilst on unpaid leave, including maternity and parental leave, provided the Union has been notified of the absence and the Member has not resigned. Members engaged in private practice are covered by the HACSU policy provided the Member is a sole trader operating alone who does not operate as a partnership or joint venture or in a business name (registered or unregistered) or as a registered company or as a Trust, foundation or any other entity other than the Member’s own name and whose income does not exceed $100,000 (formerly $25,000) gross during the financial year from work done in private practice. Members who operate a business that conducts Midwifery activities of any insured Nurse or insured Midwife whilst in private practice are not covered by the HACSU policy whatsoever. It is the individual’s responsibility to ensure that HACSU’s policy meets the requirements of the relevant national professional registration boards.

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INFORM SUMMER 2016

DELEGATES CONFERENCE

2016

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Meet YOUR Delegates Deanne Lance I'm a Property Officer with Housing Tasmania. I've worked in Housing for 11 years, and I've been a HACSU member for eight of them. Being part of the union is important in protecting our rights as employees and that's why I joined HACSU. I became a delegate because I'm a strong believer in

protecting people's rights. I'm proud that I can assist people who are homeless and people who are on low incomes who need housing, and I'm proud that I can help them maintain their tenancies. Having contact with the clients and being able to give them help is my favourite part of the job.

I work with a great, caring team of people. My hope is that our workplace can be respectful and fair, and that people can have equal opportunities. In my free time, I love talking walks along the beach. ▲

Janine Martin I work at Mary Ogilvy Home as a Diversional Therapist and Extended Care Assistant. I've been in Aged Care for five years and my favourite thing about it has to be the residents. I love having the chance to make a difference in their lives.

I've been a member of HACSU for the last four years, but I only became a delegate seven months ago! I wanted to feel secure in my job, and to be a voice for my colleagues and myself and ensure that we get our rights at work. I'm proud to work alongside some amazing people and I hope for

Anthony Zwart I'm the Hotel Services Coordinator at the Beaconsfield District Hospital. I always wanted to be a chef. I started here back in 1992 and I've been a HACSU member since then. At work my favourite thing is making a difference for residents and clients. I became a delegate

because I wanted to help support others, especially with the recent Corporate Services dispute. We needed to make sure we had a voice because the bosses were not listening to us. I'm really proud that I'm approachable and that I can help patients and residents feel valued.

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When I'm not at work I often head off to Bridport for fishing, swimming, anything to do with water. I've just bought myself a surfboard and I'm looking forward to having a go at it. I barrack for the mighty Bombers. Comeback year 2017! ▲

us all to work in a safe environment, and that we're valued and respected. Outside of work, my favourite thing is spending time with my granddaughter, Lilie Mae. I'm also a Hawthorn supporter, but only because I was in love with Shane Crawford! ▲

! N I D E K C O L Staff members at Eskleigh Foundation Inc had on a few occasions had personal items go missing from their staff room. The problem was that there weren't enough lockers for each staff member to have a locker of their own. Some staff had to clear their belongings out at the end of each shift. An idea was floated at a staff meeting to put a security camera in to the staff room. Eskleigh management then went ahead and had a vote to see what staff members thought of this. A Yes vote got up, and management planned to install a camera. HACSU members felt that this was inappropriate. They wanted the sanctuary of the staff room to remain private. Members were upset that no other options had even been considered. They contacted the union with their concerns and HACSU agreed that the camera idea was an overreaction. Together, members brainstormed solutions and came up with a couple of ideas of their own to solve the problem. They sent a letter to the CEO outlining their worries and soon management agreed to schedule a meeting to discuss alternatives. Eskleigh delegate Kylie Peak made it clear to management at the meeting that HACSU members weren't in favour of the camera. Kylie and organiser Geoff Blyth presented two of members'

alternative ideas. The CEO committed to getting costings for the ideas and said that they would seriously consider them. The costings came back, and it turned out that the best option was one of HACSU members' ideas: the old phone room would be converted into a dedicated locker room for staff. Now Eskleigh staff have a secure locker room, and something they didn't have before: each staff member now has their own secure locker. Members get to retain their right to privacy in the staff room, too. Without collective action, staff

would never have gotten their new lockers and the security cameras would have gone ahead. But because Eskleigh members stood together, they got to keep their privacy and got brand new lockers as well! â–˛

the essentials about Where did long service leave come from? And what does the future hold? Long service leave is a benefit unique to Australia and New Zealand (and possibly some public servants in India). It actually relates to our colonial heritage. Long service leave developed from the concept of furlough. Furlough is a Dutch word (meaning leave of absence) and its usage originates in leave granted from military service but not necessarily with pay: it was implemented as a form of being temporarily laid off. In the 19th century, furlough became a privilege and was granted by legislation to the colonial and Indian Services. In Australia, the benefits were first granted to Victorian and South Australian civil servants. The nature of the leave allowed civil servants to sail ‘home’ to England, safe in the knowledge that they were able to return to their positions upon their return to Australia. The concept spread beyond the public service over the period 1950 to 1975, mainly as a result of pressure from employees through their unions seeking fairness compared with the public service. Half a century later, we may be about to experience a repeat of history. In 2011 the then Minister for Workplace Relations, David O’Byrne, announced proposed amendments providing earlier

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access to long service leave for private sector workers. In his announcement he stated, “This is about providing fairness and equality for all Tasmanian workers, when it comes to entitlements and work-life balance.” He went on to say “All workers deserve a healthy work-life balance – including leave time to enjoy with family. Wherever possible those entitlements should be consistent across industries and workplaces.” The Act was amended in 2012 and long service leave is now accessible after 10 years service. Interestingly, long service leave is not often taken when it falls due. How do I know if I’m entitled to long service leave? There are 2 main factors: your continuity of service and the amount of time since your employment started. Continuity of service refers to an uninterrupted span of time working for your employer. Absences and interruptions such as annual leave, parental leave, sick leave, jury leave and others will not impact on your ‘continuous employment’ but only some of them will count towards the required time of ‘continuous employment’. In the case of you working less than full time hours, there is a restriction by way of a minimum number of hours to be worked to maintain continuity.

Depending on your employment sector, private or public, years of service is a component in calculating your eligibility. For example it may take 15 years service in the private sector to achieve the same entitlement as 10 years in the public sector. What period of long service leave am I entitled to? In the first instance this is dependent on which legislation applies to you. In the case of Private Sector the Act states entitlement as 13 weeks paid leave after completing 15 years ‘continuous employment’ with access after 10 years. There are Enterprise Agreements that may provide the benefit of accessing your long service entitlement sooner than 10 years with conditions that centre around your continued service to that employer until 10 years. In the case of Public Sector the Act states an employee is entitled to long service leave after completing 10 years of continuous employment. Are Casual employees entitled to long service leave? Yes, if they meet the continuous employment provisions. Can I cash-in my long service leave? Private sector: Yes. By agreement, employees may ‘cashin’ long service leave by receiving payment in lieu or may take a mixture of cash and leave.

Long Service Leave Public sector: No. The entitlement is to a period of long service leave, for which the normal salary is payable. Is long service leave the same Australia-wide? At this time the National Employment Standards (NES) does not contain a nationally consistent long service leave standard. The aim of the Australian government is to formulate such a standard in consultation with the State and Territory governments that currently have vastly different entitlements in place. Generally employees continue to derive long service leave from State or Territory legislation (each has its own Long Service Leave Act) however should an enterprise agreement contain provisions that include long service leave, specifics within the enterprise agreement clause apply. Here is an example from a current enterprise agreement that does contain a long service leave clause: Unless otherwise provided for in this clause, long service

leave entitlements shall be in accordance with the Long Service Leave Act 1976. Provided that employees employed under the terms of this Agreement shall be entitled to 13 weeks paid leave after completing 10 years of continuous employment. Long service leave will thereafter continue to accrue at the rate of 6.5 working days per year for full time employees and pro rata for part time employees and may be taken progressively once (10) ten years of continuous service has been served. Is long service leave one of my entitlements on termination of employment? An employee who has completed at least 7 years ‘continuous employment’ will be entitled to a pro rata long service leave payment if employment is terminated by the employer for any reason other than serious and willful misconduct.

they may be entitled to a pro rata allowance, if they: • Cease employment because of ill health • Resign because of domestic of other pressing necessity • Retire, are made redundant or are dismissed for any reason other than serious and wilful misconduct • Die Whether a particular case constitutes a “pressing or other domestic necessity” depends on the particular facts. Here are some examples, but the list is not exhaustive: • Moving to another location to be married • Relocating due to the transfer of a spouse • Full-time care of a child or sick relative Supporting documentation (e.g.. doctor’s certificate, or a letter from spouse’s employer) is required. ▲

Pro rata allowances If an employee completes 7 years continuous employment,

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UNION REPRESENTATION IS A RIGHT USE IT SO YOU DON'T LOSE IT! Did you know if you need to meet with management to discuss your work conditions (like your hours, workload, workplace flexibility, or rosters) you have a right to union representation? Here are a few tips so you can be prepared before any meeting with management.  Organise Representation: Before you attend a meeting alone with management, call the union to discuss your situation. Union organisers will look at your issue and may pick up something that you didn't think of. They will also advise whether you should have representation attend.  Check your employment agreement and workplace policies: Most employment agreements and workplace policies include processes the employer has to follow before they can do things like change rosters or change a worker's

statement of duties and tasks. Also check agreements and policies to see if there is a special process for disciplinary meetings or anything else relevant to the issue you want to discuss.  Request all relevant information from your employer before the meeting: It’s a good idea to ask management for a copy of all relevant information before the meeting. This includes the right to accessing your personal file if needed. Call the union to contact the employer to make an appointment.  Prepare for the meeting: It's important to prepare yourself for this meeting. Do you have issues at home such as stress, health, or family problems that are affecting your performance at work that you may need to ask the employer for assistance with?

"You didn't need all those At the start of October, Huon Eldercare took over the Tasman Multi-Purpose Centre from the Hobart District Nurses. During the transition, Huon Eldercare drafted contracts for their new employees. It was a nasty surprise to find that the contracts offered reduced hours, and cut three full time staff! Members were angry and disappointed about the reduction in contracted hours. Not only that; they were also worried about their ability under the changes

to provide quality care at the facility, and also to the wider community. Members were extremely disappointed about the reduction in current contracted hours and concerned about their ability to provide a quality service at the facility but also to the wider community. Members stood united and wanted the issue formally resolved. HACSU wrote to and met with Huon Eldercare and HACSU members raising the issue and

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can now advise members that each employee's new contract of employment from Huon Eldercare will reflect their current contracted hours, and conditions of employment will be in line with the Current Enterprise

Agreement that will expire around August 2017. Furthermore, HACSU has officially stated that we do not recognise the 3 Month Probationary period that Huon Elder Care have proposed in the new contracts of

Meet Don Wishart Are these temporary, and if so, how long will they affect your role? Are there any problems in the workplace that are affecting your performance (e.g. a bullying workmate or excessive workload)? You may need to sit down with an organiser before the meeting with management to prepare your case - for example, you can discuss what the issue is and what outcome you are looking for. You may be feeling very nervous about your upcoming meeting. It is a good idea to practice what you are going to say and how you would answer any questions you might be asked with your representative beforehand. Remember that you can take as many breaks as you need and do not have to agree to anything at the meeting; it is your right to have time to make an informed decision. ▲

hours, did you?" employment and have advised our members around this issue. HACSU is only as strong as its membership, and it's a great thing that members at the Tasman MultiPurpose Centre were so proactive on this issue. If you are a member and haven't had your full entitlement carried over,

contact the union so we can pursue your claim. HACSU will be meeting with members early in 2017 to start the negotiation process of a new Enterprise Agreement for the Tasman MultiPurpose Centre. ▲

He was a high school art teacher, he's addicted to Netflix, and he's your new HACSUassist Organiser. "I came out of retirement to come work at HACSU. I'd been travelling around Australia for two years. Before that, I spent four years with HESTA which is where I developed my close relationship with HACSU. And before that I spent 20 years with the AEU in various roles. I had come to the AEU after working as a Secondary Art Teacher in Victoria. "My favourite thing about the job so far is that you get a fantastic feeling of achievement assisting members every day. And I really enjoy working in the union movement again. "I grew up in a small Victorian town called Yackanandah where my parents ran a milk-bar grocery store. The business eventually went bankrupt as a result of my parents giving customers credit. "My first job was as a textile artist and designer. I was designing women's clothing patterns for screen printing and I loved it. But the industry disappeared when the tariffs were lifted in the mid-70s. "In my spare time I enjoy fly fishing, though I don't go as often as I should. I'm somewhat addicted to Netflix and I enjoy eating out. And I barrack for Geelong! (Is there any other team?) Yackanandah colours were the navy blue hoops." ▲

"THE FUTURE OF THE UNION MOVEMENT IS WOMEN" 20

2016/17 INFORM SUMMER 2016

HACSU WOMEN

at the aNNA STEWART PROJECT & unions tas WOMEN'S CONFERENCE Each year, the Unions Tasmania Women’s Committee holds two big events for women in unions. The Anna Stewart Memorial Project is an annual four-day program that brings union women together for talks, tours and workshops to help them grow in the union movement. This year, HACSU sponsored Kristen Swain from the North West Regional Hospital and Janine Martin from Mary Ogilvy to attend the Anna Stewart Project from 12-15 September. Kristen and Janine, along with women from other unions, spent their week learning skills in organising and campaigning, visiting Parliament and meeting women in politics, and touring the Fair Work Commission and Equal Opportunity Tasmania where they met Anti-Discrimination Commissioner Robin Banks. The Anna Stewart Project is a wonderful opportunity for women to learn and make networks and friendships with other women in the union sisterhood.

On Friday 16 September, it was time for the Unions Tasmania Women’s Committee’s annual Women’s Conference. Kristen and Janine came along as part of their Anna Stewart journey, and they were joined by other members Lauren Hepher from Ambulance Tasmania and Pru Peschar from DHHS, as well as HACSU organisers. Lauren and Pru spoke to the conference about their journeys to becoming union members, and then leaders at work and within HACSU. It was exciting to have ACTU President, Ged Kearney, as the keynote speaker for the conference. She spoke about issues which are specific to women in the workplace, and moreover how all issues at work are women's issues: because women are affected by all industrial issues, not just by things like parental leave or sexism in the workplace. Ged was proud to be in a room with so many passionate union women, and left us with a quote: "The future of the union movement is women." ▲

d e m a l b s r e k r o w s n o i s i c e d d for ba Earlier in 2016, the ABC aired a report on the program Four Corners which addressed youth detention in the Northern Territory. In the months since the report aired, there has been broad public discussion and debate on the issue of youth detention in Australia. In the midst of the public debate, commentators with very little knowledge of the operational aspects of youth detention have turned their gaze to Ashley Youth Detention Centre in Tasmania. They have made broad and sweeping statements concerning youth detention, and in the process they have launched an attack on hardworking and dedicated HACSU members who work in this area. It's common knowledge that there has been constant criticism

INFORM SUMMER 2016

of Ashley for over a decade. In particular, there is a view that youth workers are not meeting the needs of young people in detention. However, what is rarely acknowledged is the sad truth that successive Governments have done little to alleviate any of the push factors that result in young people needing to be placed in detention, or to address the real issues which face workers at Ashley. HACSU continually pushes for better training and understanding of de-escalation, restraints, isolation and permission to search. And we continue to push the Department to provide further information concerning change and implement a system whereby expectations and limitations are clear and consistent.

We will not tolerate sweeping allegations being leveled against HACSU members, and more must be done to implement the long talked about change that is required in Youth Detention. Whilst the treatment and welfare of young people is paramount, to suggest that all youth detention facilities operate or allow the treatment reported by the ABC is without foundation and counterproductive to beneficial changes that will continue to occur. Members at Ashley should be proud of their resilience and willingness to address tough issues, even in the face of a media storm that has very little basis in fact. â–˛

Celebrating Carers with Online Learning at Yaraandoo Recently Southern Cross Care Yaraandoo chose to celebrate the work carers do with a barbecue. HACSU organisers popped up on site, donned aprons and rolled up their sleeves to cook the barbecue and serve hungry members. As the

organisers began handing out snags and feeding staff, they also took the opportunity to let carers know about how HACSU's exclusive online learning program can benefit them and help them grow at work. Yaraandoo carers stopped by to have a bite to eat and sign up to online learning for free. When they registered, they found that there were massive discounts for HACSU members on hundreds of modules. They also found a range of modules which were free for members! Registering for free gave

Heather - Take a break

Yaraandoo carers free access to the online resource library and a free online portfolio, all set up for members to conveniently record their learning and development. It was fitting that while celebrating everything that carers do, we were also able to introduce carers to online learning which can help them grow as carers and develop further skills so they can continue providing the best care. Despite the occasional rain cloud hovering above, a great day was had by all! Members celebrated carers, had a good meal, and found a brand new way to develop their skills and knowledge at work. â–˛

INFORM INFORM SUMMER SUMMER 2016/17 2016

PSUWA1 Negotiations for the Public Sector Unions Wages Agreement kicked off in August with HACSU and other public sector unions serving a Log of Claims endorsed by members. The Government however continued its usual rhetoric of a 2% per annum wage policy with no improved conditions. Whilst negotiators for the Government continued discussions regarding HACSU’s Log of Claims,

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the Government took the unprecedented step of thwarting this process by directly emailing Members with a ‘take it or leave it’ offer. It's unclear why the Government bothered sitting down with unions to discuss members' Log of Claims if they were never interested in negotiating in good faith. The State Government's disrespectful attitude to public

INFORM SUMMER 2016

health workers is outrageous. It is particularly callous given that they have made cuts to the public health sector on numerous occasions since they entered office. Recently, HACSU delegates met to discuss what options should be put to the membership to advance our wages and conditions and rebuke the rhetoric of the

Government. Delegates endorsed a recommendation that would see a pay increase achieved in December 2016 but would see negotiations on the remainder of our claim recommence early in the New Year. Membership meetings statewide endorsed this recommendation. The membership meetings were held jointly with Allied Health Professionals, as during

A16 negotiations for two of their agreements (The Allied Health Agreement and the Radiation Therapists Agreement) they received identical offers from the Government. The Government has made no effort to hide their contempt for workers in public health. They tried to renege on their Ambulance deal, and now they are doing their best to give public health workers a raw deal in the PSUWA.

It's essential that Members act in unity and stare down a Government that has provided itself a pay increase well above what is on offer for our Members. At the time of writing, our endorsed counter-offer has been put to the State Government negotiators and we await a response from the Government. â–˛

Meet Innes Finn She's from Brisbane, she's got a leaky Jeep, and she's your new Communications Support Officer. "Before I came to HACSU I was studying and working as a freelance graphic designer. Design was a hobby of mine for years, but I'd recently realised it was something I actually wanted to pursue for work so I was studying at TasTAFE to formalise my skills. I was also picking up small jobs where I could at the same time. "I've been in Tassie less than two years. I moved down at the start of 2015 with just my suitcase. I really just wanted a change of scenery and when I'd visited here I'd always loved it. "It's exciting working in the union movement again. (I used to work for United Voice back in Brisbane, where I'm from.) I like that there's so much variety in the job and so much opportunity to create new things and develop the HACSU brand. "I'm really looking forward to seeing through some long-term projects, like refreshing the HACSU website. "When I'm not at work I like playing strategy board games and spending time with my partner and cat. "And I wouldn't call this activity fun, but I bought a Jeep Cherokee a few months ago and since then I've been on an ongoing mission to track down and fix all its oil leaks. Every time I think it's fixed another one springs up." â–˛

Meet YOUR Delegates Alice Neasey I'm in the aged care sector, and I work at Southern Cross Care Yaraandoo, Somerset. I've been in my current job for 9 and a half years. My favourite thing about it is spending time with my workmates and looking after the residents. I've been a delegate for only four months. I only

found out that I'd been made one when I came back from a few days off! I hope that in the future, we have a lighter workload and a happy work environment. A few extra dollars an hour for everyone wouldn't hurt either! On my days off I spend as much time as I can with my little grandboys.

They're 6 and 10 years old so their schooling and my working get in the way most days. I also do sewing and embroidering as a hobby. It keeps me very busy! ▲

Martin Oakley I work in Orthotic and Prosthetic Services, which means that I make orthotic devices and artificial legs and arms. I've been at it for 31 years and I've been a HACSU member the whole time I've been there. Back when I started working at the Royal in 1985,

that was jut the norm. I decided to become a delegate when we were moved off-site because I wanted to help keep everyone informed. I've been a delegate 20 years now. My favourite thing about work is watching patients happy when they walk out. It's really satisfying when

Leon Hylkema I work in the RHH Sterile Stockroom. I help maintain the Stockroom for Theatre to ensure it all runs effectively. I've been there for 16 years. I became a member of HACSU two and a half years ago, and I've been a delegate for about two years now. Why did I become a

HACSU delegate? Well, I want to keep the bastards honest. I love that there's something different every day, and even though many of the tasks I do are the same each day, the dynamic always changes and that keeps me engaged. I like that our work helps get people better. I try to

INFORM SUMMER 2016/17

keep morale high. When I'm not working I try to get out on my motorcycle when I can. I own a 800cc Ducati. I used to have every model of Kawasaki. I would just keep trading my old one for a new one. ▲

you make a device and you know it's the best. I also love trying out new materials. I hope we can keep up with the new technology to help benefit all our patients. Outside of work, I barrack for Hawthorn and spend my time around family and doing my Karate. ▲

take a

B reak

Unions have fought hard for many years to gain entitlements for our members to have rest breaks and meal breaks at work. Some of our members are also entitled to be paid for their meal breaks. Sadly, many workers are still toiling away through their breaks, sometimes by choice, sometimes because it’s expected of them. There are different arrangements under different awards and agreements, but the bottom line is usually: “Employees can't be asked to work more than 5 hours without a meal break.” Sometimes there is a provision to extend it to: “Six hours by agreement.” Regularly working through breaks meal breaks might be compromising your physical and/or

WORK-RELATED Your employer has an obligation to provide you a safe workplace and that includes minimising work-related stress. What is workplace stress? Work-related mental stress has been described as the adverse reaction experienced by workers when workplace demands and responsibilities are greater than the worker can comfortably manage. Although mental stress is often considered a state of mind it can contribute to the development of serious physical and mental illnesses. Mental stress may be due to many factors including but not limited to: • Work pressure, workload, unreasonable deadlines

•

psychological health. As well as eating and drinking, taking a break can give your body and opportunity to recover from prolonged sitting; standing; bending; repetitive movements; staring at a screen. It can also give your mind a chance to rest and refresh, maybe even speak to family or friends. If your employer is regularly requiring you to work through your breaks they could be breaching their primary duty of care to provide you with safe systems of work. Rest is important and a failure to take, or provide, breaks isn’t good for you, your employer, or your clients in the long run. Do yourself a favour and have a breather every day. ▲

STRESS

Exposure to workplace or occupational violence • Exposure to traumatic event • Workplace restructure • Work-related harassment and/or workplace bullying • Job insecurity Research indicates that the number of compensation claims for mental disorders lodged due to work-related mental stress substantially underestimates the size of the problem, particularly in lower socio-economic jobs. An Australian Bureau of Statistics (ABS) Work-related Injuries Survey showed workers who reported mental stress were less likely to claim workers’ compensation than workers with other injuries.

70% of workers who reported that they experienced workrelated stress did not apply for workers’ compensation. Your employer has an obligation to provide you a safe workplace but as evidence is the key to all claims physical or mental health related, HACSU encourages members to use all forms of reporting such as incident forms and any other reporting mechanisms available in your workplace to ensure your employer is aware of the circumstances that are causing the issue or concern. This information will then provide the evidence needed to pursue this matter if steps have not been taken by your employer to rectify the situation. ▲

INFORM SUMMER 2016/17

THS CORPORATE MEMBERS WIN

THS Corporate Services members taking industrial action in their fight for job security!

INFORM SUMMER 2016/17

SERVICES JOB SECURITY! After months of refusals to rule out outsourcing from both Tasmanian Health Service (THS) management and the Health Minister, THS has finally given a commitment to keep vital services in public hands. For some time members employed in Corporate Services across the state, which includes environmental services, food services, medical orderlies/ attendants, biomedical, purchasing officers, building and engineering, facilities management and switchboard have been battling against a review and the failure of THS to rule out privatising their services. In addition to the threat to their job security THS also issued a directive to cease all permanent employment in these areas and instead employ on insecure fixed term contracts, essentially casualising the public sector workforce. Members were forced to fight for their job security and across the state voted to implement workplace bans. Workplace bans were put in place at all the major hospitals including smaller sites such as

Beaconsfield Hospital and included bans on emptying rubbish bins from non-clinical areas, cleaning lifts and ceasing the stocking of vending machines. Finally after a meeting between the THS CEO, HACSU Secretary Tim Jacobson and Assistant Secretary Robbie Moore where a strong argument was put forward on the massive impact this was having on Members, the THS CEO Dr David Alcorn confirmed that “it is not the intention to outsource work in environmental services, laundry, food services, facilities management, switchboard, purchasing officers, biomedical, medical orderlies/attendants nor building and engineering.” As a result of our campaign, THS has committed to working with HACSU over the next three months to benchmark Corporate Services jobs and public health services within THS and look at possible improvements. We will work together to develop the Terms of Reference (ToR) for benchmarking. In addition Dr Alcorn advised that: “We recognise that permanent employment

has benefits to employees and after your feedback, we are intending to advertise permanent vacancies on a permanent basis while we finalise the Terms of Reference.” As a result of the commitments given members around the state met and voted to suspend all workplace bans as a sign of good faith while the ToR are being developed. This is a massive win for members and means that HACSU will be at the centre of any discussions involving the future of Corporate Services. The incredible work put in by HACSU delegates across the state to support members through what was a lengthy and at times difficult campaign must not go unnoticed. Delegates played a vital role in this campaign and it is only because of their support and the resilience, commitment and collective action taken by members that we finally won job security within Corporate Services. ▲

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INFORM SUMMER 2016

Fairer super for all HESTA is at the forefront of current political debate, examining why women retire with less than men.

We have been strongly advocating on behalf of our members at the Senate inquiry into the economic security of women in retirement. The inquiry has been examining why women retire with significantly less super than men and what changes could be made to improve the system. The Senate inquiry’s report outlines 19 recommendations intended to help women increase their participation in the workforce and improve their super savings as a means of achieving dignity and economic security in retirement. HESTA CEO Debby Blakey said it was encouraging that the multi-party Senate inquiry had focussed on reforms designed to improve the overall fairness of the super system. “We welcome the report’s recommendations that focus on system-wide reform of super and tackling unequal pay,” Ms Blakey said. “This is the most effective way to tackle long-standing equity issues in Australian society that result in women being far more vulnerable to poverty later in life. What we don’t want to see is another report like this sitting on a shelf gathering dust as this will simply expose future generations of women to the risk of an insecure retirement.” HESTA’s submission stressed that the wage gap between men and women remains the biggest factor in women retiring with less than men.

“The gap in super savings that women experience is not due to the choices they make – the main causes are the gender pay gap that sees women earning less than their male counterparts and unpaid time out of the workforce.”

Closing the pay gap is clearly vital and must be tackled through structural and societal changes. In the meantime, the super system can also evolve. For many HESTA members, their super will supplement a retirement income that is underpinned by the Age Pension.

HESTA CEO, Debby Blakey The vast majority of HESTA’s more than 800,000 members are women working in health and community services, where the gender pay gap is 27.7%, according to figures from the Workplace Gender Equality Agency. “Super is there for every Australian and the conversation needs to start including low-income earners and women,” adds Debby.

Information issued by H.E.S.T. Australia Ltd ABN 66 006 818 695 AFSL No. 235249, the Trustee of Health Employees Superannuation Trust Australia (HESTA) ABN 64 971 749 321. Before making a decision about HESTA products you should read the relevant Product Disclosure Statement (call 1800 813 327 or visit hesta.com.au for a copy), and consider any relevant risks (hesta.com.au/understandingrisk).

Have a holiday with HACSU!

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Sandy Bay

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Ground Floor Apartment 2 Bedrooms (1 double bed & 2x single beds) Fully furnished/Self-Catered Electric heating, small fridge, oven, microwave, washing machine, TV and free parking • Easy 5km drive to Hobart CBD • Easy 2km drive to Wrest Point Casino • Short stroll to popular beaches, cafes, shops, parks and a secure, modern playground

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INFORM 2016 visit bit.ly/hacsuholiday | To book call 1300 880 032 For032rates and SUMMER more info