INFORM Winter 2020 by HACSU Tasmania

WINTER 2020

INFORM the official journal of the health & community services union tasmania

AND THEN COVID HAPPENED...

CONTENTS 01 02 03 04 05 06 07 08 09 10 12 13 14 15 16 17 18 19 20 22 23 24 25 26 27 28 30 32 33 34 36 37 38 40 41 42 44 45

Who's who Tim Jacobson: and then COVID happened Robbie Moore: our disability sector Aged care Remembering Sharon Carnes St Helens holiday home for members Delegate Melissa Chan A letter from a member Aged care Out and about again after the covid lockdown Family & domestic violence leave Social media sense Community and disability Grievance resolution Professional indemnity malpractice insurance Community and disability Delegates Jason Beck & Tracy Roberts Unions Tasmania COVID-19 worker helpline Out and about again after the covid lockdown Private health Your workplace Health & Safety Rep Delegates Will Frost & Erica Goss Commissions and consequences Sandy Bay holiday home for members Private health Out and about again after the covid lockdown Speak up against racism Delegate Kale Skerke Union representation is your right Out and about again after the covid lockdown Public sector Health & Safety Committees Delegate Jennifer Kyng Southport holiday home for members Public sector Out and about again after the covid lockdown Getting your super ok? Do you have unpaid super?

Please contact Craig at craig.griffiths@hacsu.org.au with your feedback or contributions for future issues of INFORM Editor: Tim Jacobson, HACSU State Secretary. Contact: assist@hacsu.org.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). 2019. All rights reserved. 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 distribution, These are subject to change.

HACSU WHO'S WHO COMMITTEE OF MANAGEMENT

SUB-BRANCHES

Tim Jacobson State Secretary Robbie Moore Assistant State Secretary

Leigh Gorringe Ted Sherrin Leonie Halley Stephen Hayes

Judy Richmond President, Mersey Community Hospital (After Hours Co-ordinator)

AMBULANCE

Chris Webb Senior Vice-President (Holiday Home Maintenance Officer)

Lauren Hepher AJ Heiermann Wil Frost

Pru Peschar Junior Vice-President, DHHS Community Health (Social Worker)

NURSES

Leigh Gorringe Trustee, Oral Health Services (Dental Therapist) Christine Hansson Member, Hobart Private Hospital (Registered Nurse)

ALLIED HEALTH PROFESSIONALS

Leanne Cowen Judy Richmond John Coutts

DENTAL Marcus Barton

Vanessa Ireland Ben McGregor Anne-Marie Avery Janet Howells

Fiona Jones Kristina Manning Andrew White Daniel Moore

Sophie Mummery Sarah Leighton

Rebecca Gibson David Thomas Corey Armstrong

Alan Blank Frances Stringer James Scott

Paul Centofanti Cameron Johnson

Jane Armstrong Susan Banks-Smith Paige Ashwood

Christine Hansson Shalee Richardson Michael Harrington Tim Richards

David Basser

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) Marlene McHenry Member, Beaconsfield District Health (Domestic) Melissa Saltmarsh Member, Launceston General Hospital (Hospital Aide) Carolyn Shearer Member, Possability - Oak Tasmania (Disability Service Worker) David Thomas Member, Ambulance Tasmania (Paramedic)

STAFF STATE SECRETARY Tim Jacobson ASSISTANT STATE SECRETARY Robbie Moore ADMINISTRATION Angela Cook - Finance Manager Annie Lahtinen - Front Office Laura Binns - Launceston Raylene Woods - Launceston Sarah Langfeldt - Membership Officer Sarah Stanley - Admin Officer Sonia Serbanescu - Admin Officer Tasha Wilson - Admin Manager COMMUNICATIONS Craig Griffiths - Media & Publications Ness Finn - Communications & Publications

HACSUassist 1300 880 032 assist@hacsu.org.au HOBART: 11 Clare Street New Town LAUNCESTON: 91 Paterson Street DEVONPORT: 80 Oldaker Street

INDUSTRIAL ORGANISERS HACSUassist Lizi Ralph Richard Parkinson Shane Hamel HOBART Chris Kennedy - Industrial Officer James Eddington - Legal Officer Janine Martin Mark Green Shane Kunze Sharon Swards Tammy Munro - Lead Organiser LAUNCESTON Geoff Blyth Ian Richardson (Kristen Swain on maternity leave) Lucas Digney - Senior Organiser Vivek Foot - Lead Organiser DEVONPORT Odette Seabourne Troy Baker

AND THEN COVID HAPPENED STATE SECRETARY TIM JACOBSON THE PAST FEW MONTHS have been tough, and no doubt coming months will be a challenge too. For many of us, the time spent worrying, changing habits and making arrangements for the new way of life thrust upon us has meant life before March seems almost alien. Being amidst a global pandemic means priorities have completely shifted but, just as we fight for members' rights in the good times, we fight even harder in the bad. Our focus since March has been to get the right information to members at the right time and pushing state and federal governments to do the right thing by workers. We jumped straight into new technologies to keep in touch with members and will continue to keep you up to date through these means. A key source of info for us is our huge network of delegates who've been the key to understanding what's actually been happening in workplaces since COVID-19 hit us all.

If you donâ&#x20AC;&#x2122;t have a delegate in your workplace, I encourage you to become one, or urge a trusted workmate to put their hand up. We're at the front line of this battle and, more than ever before, the important work of all health and community services workers sits at the top of the pile in its value to each and every Tasmanian. The alarming facts, particularly given our experience in the north west and now in Victoria, are very serious. The Victorian Premier said 80% of cases there are being driven by transmission in the workplace. The impact on frail and elderly Australians in aged care is so concerning, as is the effect on workers, their immediate and long term health, and their ability to support themselves. We've identified that a key driver of infections across the sector relates to casual jobs and underemployment. Part time or casual work in one site can't deliver a wage to live on or

support a family so people work in more than one facility, and in some cases thatâ&#x20AC;&#x2122;s why the virus has spread. It's not just care staff - doctors, allied health professionals and nurses, particularly agency staff, also regularly work in multiple worksites. Casual and underemployment across our sectors, including the public and disability sectors, must be eliminated. We've just won paid pandemic leave for aged care staff that will allow workers, including casuals, to self isolate without penalty, but this must be rolled out across all our sectors. We continue to push for readily available personal protective equipment and for COVID-safe workplace arrangements to be implemented and properly resourced and managed and, of course, we're still here to deal with your own workplace matters. Take care and stay safe - I know you'll continue to do the best you can as we work through these tough times.

OUR DISABILITY SECTOR ASSISTANT STATE SECRETARY ROBBIE MOOORE THEY SAY out of every crisis comes opportunities.

For the Tasmanian disability sector it does feel there's been a reset in our relationship with many employers. We've worked closely with the sector through National Disability Services, the peak industry body for non-government disability service organisations, to highlight the needs of the sector since the COVID-19 crisis began to emerge. Early on it was obvious there was a huge and understandable focus on public health and aged care, but most of the same issues affected the disability sector. These included a lack of personal protective equipment, workers and clients being vulnerable to the virus, the need for workforce rights and incentives and other issues. We began meeting with employers across the state via zoom and worked together on many local and national matters.

Fair Work Commission to vary the award to include the entitlement. The hearing's been held and we're now awaiting a decision from the commission. At a local level we continued to talk to employers at regular meetings and wrote to them asking them to agree to this entitlement, and a number have given their commitment. This protects workers and clients because workers can isolate if they have symptoms and get tested. We also made an application to the Fair Work Commission for a $4.94 an hour allowance for employees required to support a client who has COVID-19 or is suspected of having it. While we were lobbying for this entitlement the government announced additional funding for employers supporting clients with

COVID-19. On the basis of this we wrote to all employers asking them to commit to paying the allowance and I'm pleased to say many have agreed to pay it. We're also awaiting a decision by the FWC about this allowance being included in the award. We were also successful in getting additional funding for training to be provided to disability workers around COVID-19, and we've worked with employers on other matters including PPE and virus testing issues. The meetings with employers are continuing and HACSU is also focusing on other matters with the industry including trying to work together to get a portable long service leave scheme for Tasmanian disability workers.

At a state and national level we worked on 4 key issues: - 10 days paid leave per occasion for workers who need to self-isolate - an allowance for workers who support someone with COVID-19 - incentive payments for disability workers to keep them in the sector - the establishment of a fund for the training of disability workers We've made progress on 3 of these objectives but, despite meeting with senior ministers, the federal government refused to support the incentive payments we were lobbying for even though they were in line with what was offered to aged care workers. In terms of the 10 days paid leave for workers who need to self-isolate we made an application to the 3

AGED CARE Paid pandemic leave win

On July 27 the Fair Work Commission awarded Paid Pandemic Leave to aged care workers required to self-isolate by their employer, a medical authority or on the advice of a medical practitioner because they display COVID-19 symptoms or have come into contact with a person suspected of having COVID-19.

Workers can access up to 2 weeks’ paid leave on each occasion of self-isolation, but those who can work at home or remotely during self-isolation aren’t entitled to paid leave.

For casuals engaged on a regular and systemic basis the leave will be paid based on average earnings over the previous 6 weeks. The paid pandemic leave entitlement will initially operate for a period of 3 months. HACSU and other aged care unions ran the national case for workers and put a massive effort into securing this leave, and we’re very happy the FWC accepted our arguments and recognised the vulnerable nature of aged care residents as well as the financial vulnerability of workers.

Without this leave, the decision to work or not can be extremely difficult as most staff work fortnight to fortnight so being forced to take unpaid leave would be financially devastating for many.

At this stage it only applies to workers employed on an aged care award, but we're writing to each Tasmanian employer where we have EBAs asking them to commit to the new clause. Aged care providers and event labour hire agencies will be able to recover funding from the federal government for wages associated with any required self-isolation by workers. Be sure to use handover! Aged care is challenging at the best of times, but throw in COVID-19, a 4

bit of a gastro scare and maybe a fall or two and all hell breaks loose. We know most providers have increased tasks due to COVID-19 but may not have increased the amount of care staff on the floor to make up for the additional workload. We're always hearing from workers struggling to get allocated tasks done in the shift time and that some are staying behind to complete tasks. We’ve also heard in some cases, with all the pressure, workers have made mistakes around when to wear PPE and when not to, and with all the putting on and taking off, and residents with behaviour issues wandering about, it can be challenging and mistakes can happen. Aged care staff have always been task-driven with getting certain jobs done in the allocated time frame, but now it's even more vital to hand it over to the next shift if it's impossible to get everything done during a shift. The term 'handover' spells out what its intention is - it's for passing on info about residents, medication and behavioural issues and also tasks that couldn't be completed. With no handover the employer will just expect workers to do everything they're supposed to on their shift - they don't care whether it's in paid or unpaid time - and we can only make a case for increased staff levels if the employer starts to see what can’t be done on a shift. Assisting aged care workers HACSU representation saved an aged care worker’s job recently after they called HACSUassist and told us they’d been escorted from the facility and threatened with termination due to a WHS breach. The member had been near the back entrance of their facility when two men were at the door, demanding to come in.

The member asked them to go around the front to sign in, as required by all visitors due to COVID-19. They couldn’t hear through the door, and when the member opened the door to tell them, the men - who turned out to be doctors - pushed past and entered the facility. HACSU requested CCTV footage of the incident and, after viewing it, we told the employer it was clear our member’s actions weren't an intentional breach. The employer backed down, there was no disciplinary action. and our member returned to work. We're here to help, so any member worried about something at work should call us right away. Member's job saved We recently helped an aged care worker whose role includes checking COVID-19 details for any visitor entering their facility. Visitors are to have a temperature check and complete a form answering questions about feeling unwell, positive diagnosis, quarantine and stating whether they've had the current flu vaccine. Our member made an error by misinterpreting the flu vaccine information and the employer began a formal investigation, even threatening termination of employment as a potential outcome. We gave advice on the disciplinary process, reviewed the member's response to the allegation in preparation for the formal meeting and provided representation at that meeting with management. Our member’s job was saved and they're very glad they had an experienced representative with them through the process. If you ever need advice or representation, your first call should be HACSU on 1300 880 032.

REMEMBERING SHARON in these areas will have an influence unjustifiably hard-line approach to on everyone in the sector - we'll be dealing with its own staff. Late last year, the Fair Work fighting for positive, not punitive, WE WERE ALL VERYour SAD when Carnes passed away in July. SharonIt was part ofappear our HACSU family, Commission accepted claim thatSharon would also that SCC has changes. all workers employed in aged largely forgotten about thedarker Royal and both working with uscasually and in the many years she spent as a passionate union member. Our days will be carehearts are to be paid their 25%her casual Returning a new normal Commission hearings, and workload our heavier without presence. We weretoblessed to have such a staunch comrade standing shoulder loading in addition to penalty rates for and short-staffing now appears be to shoulder with us throughout every campaign and fight for rights. Sharon tirelessly fought on forto the As visitor restrictions forworkers’ residential working on Saturdays, Sundays and just as bad, if not worse, than during cause, even when others faltered, and facilities she'll continue inspiring to do the ease, we’ve beenus working to same. public holidays. those times. make sure workers’ voices are heard This change came into effect on July about the return to a new normal. Meanwhile workplace health and 1, 2020, and for the average aged safety procedures seem to have We recently spoke at one of the care worker this equates to an hourly gone out the door, with even simple largest national aged care getpay increase of $5.56. changes taking constant effort. togethers and told the big employers, The increase will be applied to the lobbies and the government what we And what's the response been from Social, Community, Home Care and think needs to change to help workers Southern Cross? Disability Services Industry Award at this difficult time. Well, in response to us they’ve (SCHADS) and the Aged Care Award One of the big-ticket items was the decided to spend money on legal fees and will also form part of the new Visitor Access Code and what it instead of spending it on care. requirement when making new means on the floor. enterprise agreements. They’ve lawyered up against HACSU Anyone experiencing difficulties due and our organisers personally in the This is a fantastic win for tens of to new visitor restrictions, please let hope of distracting us from shining thousands of the lowest paid workers us know. a light on SCC's shortcomings - well in the country who do invaluable they’ve clearly got that wrong. work supporting some of the most We’ve also raised key concerns vulnerable Australians. with the Federal Minister for Aged After meeting with the new CEO Care and Senior Australians, Richard months ago to try and solve these Big changes coming to aged care Colbeck and Labor Shadow Minister, problems it's increasingly clear they There are big changes coming for Julie Collins including: don’t want to play ball, so we'll be the aged care workforce and the taking it the board, the regulator and • The need for a fairer worker government, through the department retention bonus whoever we need to so we can get of health, has released a consultation SCC to start caring again. • More funding and spending paper about an aged care worker Mandatory training regulation scheme, and we’ve already transparency measures seen this in the disability sector, with a • Paid leave to help workers stay Mandatory in-house training seems to whole lot of new laws and regulations home without financial risk if unwell come around quickly, and it's usually currently being rolled out for those the time when staff are told they have • Resources to support safe rollout of workers. to complete certain modules to remain new Industry Visitor Access Code upskilled and in the loop. Given COVID-19, the royal • Clear directives to help workers commission and the increasingly high Modules could be on bullying and keep second jobs profile of aged care we're likely to see harassment, infection control, work • Better PPE guidelines & training just as big - if not bigger - changes. health & safety, manual handling, elder abuse and now COVID-19. • More consultation with the We're building on members' survey workforce via the union responses and working with our Some workers say they’ve been told national office to make sure workers' they have to complete the training Southern Cross Care voices are heard and influence the whilst on shift and if they do it at home There's been a lot going on behind at after hours they won’t be paid. process but it’s important to know the scenes at Southern Cross Care in the kind of things the government is Completing training in work hours recent months. looking at include: would be ideal but is impossibile in • Assessment of criminal history and Unfortunately, we've seen an some instances due to the workload other disciplinary history unprecedented increase in the level associated with caring for residents. of unfair dismissal and disciplinary • Codes of conduct Compulsory training must be matters across the state, with the • Minimum qualifications, language completed but management has organisation shamelessly targeting proficiency and continuing to pay staff to do it, regardless of individuals for circumstances that are professional development whether it's completed at work or at too often of SCC’s own making. home after hours (remembering that • Registers of aged care workers It feels like we've spent more in some instances proof that it’s been • Who'll regulate the workforce days in the Fair Work Commission completed is necessary with things like representing SCC staff than not this certificates of completion). Clearly the introduction of regulation year, as the organisation pursues an Casuals pay boost from July 1

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ST HELENS HOLIDAY HOME FOR MEMBERS Affordable holidays for HACSU members HACSU owns and operates member-only holiday homes in three amazing locations across Tasmania: St Helens, Sandy Bay and Southport. Our homes are fully furnished and fitted out with everything youâ&#x20AC;&#x2122;ll need. Whether you want to spend your holiday adventuring or relaxing, St Helens is the perfect location. Relax on the world-famous Bay of Fires, or take a trip down the Great Eastern Drive and experience the breathtaking views of the East Coast. For more, call 1300 880 032.

YOUR HACSU DELEGATE Melissa Chan

Disability Support Worker - St Michaels Association MY AVERAGE day is very busy! During the morning shift I support participants to get dressed, pack bags, make breakfast and get ready for their day, provide personal care, help with medication administration, assist with transport to day programs, support participants to attend to household chores, complete any relevant documentation and ensure all required tasks are completed and residence secure. In the PM shift I transport participants from day programs back to residence, support them to unpack bags, make healthy choices when making lunches for next day, and make evening meals, support them attending to daily house chores and assist when required, help them attend any appointments or afternoon activities, provide personal care, administer medication, help ensure budgets are accurately managed or support participants to manage their budgets, complete all relevant tasks and documentation.

delegate because I'm passionate about peopleâ&#x20AC;&#x2122;s rights and, after a personal experience, I wanted to help other staff to ensure their safety and make sure they're being treated fairly. In my role I hope to support staff to have the courage to stand up for their rights and report any issues or concerns in the workplace, and I hope to help make workplace changes that are beneficial to staff and result in a better working environment. My hope for the future in my workplace is for safety and fair treatment of staff. When I'm not at work I spend time with my daughter, family and

n writte Profile -19 ID V CO before

catch up with friends and I'd love to travel more and do more thrillseeking activities like sky diving. The changes I'd like to see by the end of 2020 include a better Tasmanian and Australian justice system and, in my workplace, better treatment and working environment for staff and better support for staff post-incident. If I could have one famous person, dead or alive, drop by for a BBQ it'd be the singer Halsey. As for a non-work pet peeve... I'm sick of how hard it can be for the average middle income earner to get by and achieve life goals like owning a home.

At all times I ensure the safety of staff and participants and provide a high level of service by encouraging their right to choice, support their independence and abilities as well as assist them to develop skills and achieve goals. I've worked at St Michaels for nearly 2 years, completing my Certificate III in Individual Support in 2017, and before that I was a stay at home mum for 2 years after working as a qualified hairdresser and barmaid. I've been a HACSU member since July 2019 and I became a

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A LETTER FROM A MEMBER In mid-July one of our loyal HACSU members sent us this letter about the Equal Remuneration Order and disability and community services workers - it's worth sharing!

Fair Work found there were indeed biases in community and disability support workers’ perceived value which were largely the result of women’s labour being dismissed as trivial by the lawmakers of the day.

"Thanks for the latest pay rise which was won by the unions to address the inherent inequality in disability support work which should be reflected in our payslips this week.

It addressed this generation's long injustice by awarding workers in the community and disability support sectors with wage rises of between 23% and 45%, depending on classification, above and beyond any other pay rises which would be applied through annual CPI wage rise decisions.

The Equal Remuneration Order was won when unions, including HACSU, put a case to Fair Work Australia to show that the value of similarly skilled work was valued differently, depending on whether the work was performed in a historically male or female dominated industry.

These increases have been applied to our wages every year since then and are set to be fully implemented as of this year. So, when we get paid, have a look at what we earned then remove

about a third, as that's what we would be earning today if the union hadn’t taken this fight to achieve pay justice on behalf of all workers in this sector. This is not a pay rise granted by employers, or the government, or some naturally occurring justice from beyond. This long overdue pay equity was won by unions, and the unions are the members who join together to address issues of inequality. If you’re a member, thank you for being part of the team who made this possible - you're a legend. If you’re yet to join, now is as good a time as any to show your support and thanks to the people who earned you an extra third of your wage, a third that you deserve."

23% 41% 31% 28% 37% 29% 45% 40% 36% 8 6

AGED CARE Casuals pay boost from July 1 Late last year, the Fair Work Commission accepted our claim that all workers employed casually in aged care are to be paid their 25% casual loading in addition to penalty rates for working on Saturdays, Sundays and public holidays. This change came into effect on July 1, 2020, and for the average aged care worker this equates to an hourly pay increase of $5.56. The increase applies to the Social, Community, Home Care and Disability Services Industry Award and the Aged Care Award and forms part of the new requirement when making new enterprise agreements. This is a fantastic win for tens of thousands of the lowest paid workers in the country who do invaluable work supporting some of the most vulnerable Australians. Big changes coming to aged care There are big changes coming for the aged care workforce, and the government has released a consultation paper about an aged care worker regulation scheme, something we’ve already seen in the disability sector with a whole lot of new laws and regulations currently being rolled out for those workers. Given COVID-19, the Royal Commission and the increasingly high profile of aged care we're likely to see just as big - if not bigger - changes.

fighting for positive, not punitive, changes. Returning to a new normal As visitor restrictions for residential facilities ease we’ve been working to make sure workers’ voices are heard about the return to a new normal. We recently spoke at one of the largest national aged care gettogethers and told the big employers, lobbies and the government what we think needs to change to help workers at this difficult time. One of the big-ticket items was the Visitor Access Code and what it means on the floor. Anyone experiencing difficulties due to new visitor restrictions, please let us know. We’ve also raised key concerns with the Federal Minister for Aged Care and Senior Australians, Richard Colbeck and Labor Shadow Minister, Julie Collins including: • The need for a fairer worker retention bonus • More funding and spending transparency measures • Paid leave to help workers stay home without financial risk if unwell • Resources to support safe rollout of new Industry Visitor Access Code • Clear directives to help workers keep second jobs • Better PPE guidelines & training

We're building on members' survey responses and working with our national office to make sure workers' voices are heard and influence the process but it’s important to know the kind of things the government is looking at include:

• More consultation with the workforce via the union

• Assessment of criminal history and other disciplinary history

Unfortunately, we've seen an unprecedented increase in the level of unfair dismissal and disciplinary matters across the state, with the organisation shamelessly targeting individuals for circumstances that are too often of SCC’s own making.

• Codes of conduct • Minimum qualifications, language proficiency and continuing professional development • Registers of aged care workers • Who'll regulate the workforce Clearly the introduction of regulation in these areas will have an influence on everyone in the sector - we'll be

Southern Cross Care There's been a lot going on behind at the scenes at Southern Cross Care in recent months.

It feels like we've spent more days in the Fair Work Commission representing SCC staff than not this year, as the organisation pursues an unjustifiably hard-line approach to dealing with its own staff.

It would also appear that SCC has largely forgotten about the Royal Commission hearings, and workload and short-staffing now appears to be just as bad, if not worse, than during those times. Meanwhile workplace health and safety procedures seem to have gone out the door, with even simple changes taking constant effort. And what's the response been from Southern Cross? Well, in response to us they’ve decided to spend money on legal fees instead of spending it on care. They’ve lawyered up against HACSU and our organisers personally in the hope of distracting us from shining a light on SCC's shortcomings - well they’ve clearly got that wrong. After meeting with the new CEO months ago to try and solve these problems it's increasingly clear they don’t want to play ball, so we'll be taking it to the board, the regulator and whoever we need to so we can get SCC to start caring again. Mandatory training Mandatory in-house training seems to come around quickly, and it's usually the time when staff are told they have to complete certain modules to remain upskilled and in the loop. Modules could be on bullying and harassment, infection control, work health & safety, manual handling, elder abuse and now COVID-19. Some workers say they’ve been told they have to complete the training whilst on shift and if they do it at home after hours they won’t be paid. Completing training in work hours would be ideal but is impossibile in some instances due to the workload associated with caring for residents. Compulsory training must be completed but management has to pay staff to do it, regardless of whether it's completed at work or at home after hours (remembering that in some instances proof that it’s been completed is necessary with things like certificates of completion).

HACSU OUT AND ABOUT AGAIN AF

FTER THE LONG COVID LOCKDOWN

FAMILY & DOMESTIC VIOLENCE

UNIONS PUSH FOR 20 DAYS LEAVE EVERY employee, including parttime and casual, is entitled to 5 days unpaid family and domestic violence leave each year. This comes from the National Employment Standards (NES). All industry and occupation awards include unpaid family and domestic violence leave and the modern award entitlement is for the same amount of leave as the NES entitlement. Employees covered by Fair Work Commission (FWC) registered agreements or enterprise agreements may be entitled to other paid or unpaid entitlements in their specific agreements, which will describe the entitlements and how to access them. If the modern award or any FWC agreement provides less than the

minimum entitlements in the NES, the NES entitlements apply. While some employers are generous and give 5-10 days paid, with an additional 5-10 days at the employerâ&#x20AC;&#x2122;s discretion, unions want to see 20 days of paid leave available to every employee. Someone who suffers from domestic violence often has little or no personal leave credits, which is directly related to their home life, not their quality of work. Unfairly, that can mean theyâ&#x20AC;&#x2122;re seen as a bad employee and so may not be supported by their boss. Accessing paid leave allows someone to take time out to deal with the significant physical, emotional, psychological, legal and practical consequences of domestic violence.

This can include accessing medical care and counselling, meeting with police and solicitors, attending court, finding and moving into new accommodation, and arranging new schools or childcare. Providing domestic violence leave raises awareness of the issue, reduces stigma, and demonstrates care for staff. The offer of leave also increases the likelihood of an employee disclosing their issues at home, giving an opportunity for workplaces to further support them to stay safe while working and to get help before the situation escalates into something more dangerous. When your staff agreement comes up for negotiation, we hope you and your colleagues all band together to push for this just and very important claim.

SOCIAL MEDIA SENSE BETTER TO BE SAFE THAN SORRY SINCE COVID-19 hit, everyone feels more isolated and spends more time on social media to stay connected with friends and family. Unfortunately, HACSUassist has seen an influx of members receiving disciplinary letters relating to their conduct on social media websites. While our representation has saved a number of employees, you should always think twice before posting anything related to work on social media as it’s generally classified as a public space, even when you have privacy settings set to only friends. Sometimes groups or pages might not be private due to other people’s settings, or because other group members choose to share the content online or in person. Even if you haven’t posted the content, if it contains something identifying your employer and you comment, like or share it you may still face allegations for breaches of their social media policy. You have a right to a private life and to post content on social media, but get permission to post any content identifying your employer and be sure you're not bullying or harassing anyone from work.

Social media and your rights Employers can use what their employees post on social media as evidence in disciplinary proceedings. In some circumstances, it can be used in misconduct proceedings, so there are a few things to think about before posting anything online that may pertain to the workplace. Don’t vent online, even if you’ve had one of those weeks when you’re feeling frustrated or upset, even if you think it’s okay because it’s on your personal page and out of work hours. In Australia there’s no general right to privacy when it comes to social media and employers may be legally entitled to take disciplinary action if they can reasonably establish a post is about work and breaches their policies. Venting about a work colleague in a post can be seen as bullying or harassment, and be careful what you ‘like’, comment on, reply to, share or re-tweet because this can be seen as endorsing or confirming the content as your own view and if your posts could have a negative impact on your employer's reputation they may be entitled to act.

Tasmania is a small place so it’s best to use full privacy settings on your social media on and don't list your employer in your public information – we’ve had family disputes escalate to workplace grievances. Don’t post pics of yourself having fun when you’re on sick leave - we’ve even had to represent people who stopped for a coffee and posted it after a doctor’s appointment. Don’t share porn or other lewd images or jokes with your work colleagues and don’t spend excessive amounts of time on personal accounts while at work - only do so on sanctioned breaks where possible. Get permission if posting pictures taken in your workplace of anything with the company logo or of people wearing a uniform, because anything that identifies work may be contrary to your employer’s social media policy. Every workplace should have a policy, so ask your employer if there is one and see what it says. Always think twice before posting because some employers are using breaches of social media policies as a new way to try and sack workers.

COMMUNITY & DISABILITY Pay boost for casuals

National Disability Services

Late last year a full bench of the Fair Work Commission accepted HACSU’s claim that all workers employed casually in social and community services, including disability, are to be paid their 25% casual loading in addition to penalty rates for working on Saturdays, Sundays and Public Holidays.

In mid-June HACSU had our first catch up with new acting state manager of National Disability Services (NDS) Alice Flockhart to discuss current issues in the disability sector.

This change comes into effect on 1 July 2020. For the average aged disability services worker this equates to an hourly pay increase of $6.69. The increase will be applied to the Social, Community, Home Care and Disability Services Industry Award (SCHADS) and will also form part of the BOOT when making new enterprise agreements. This is a fantastic win for tens of thousands of the lowest paid workers in the country who do invaluable work supporting some of the most vulnerable people. Anglicare cuts off the table Anglicare recently told unions they’re now willing to drop all of their proposed cuts to workers' rights and conditions, including changes to what counts as a minimum engagement. We'd gone through the finer details of the draft agreement and had been waiting for them to get back to us about the pay offer - we said if the agreement had already been in place members would be getting a wage increase that’s Hobart CPI rather than the Fair Work wage decision - and we asked them to consider paying the higher Hobart CPI rate. Among othere issues we also wanted to see final edits to the minimum engagement clause and how it relates to best practice rostering. It wasn’t an easy win, but Anglicare's decision is great news that shows what can be achieved by members standing together and holding people to account. We welcome the change and Anglicare’s decision to honour their previous commitments and look forward to seeing a final draft and putting it out to vote.

NDS is the peak employer representative for disability service providers. We talked about a range of issues that were discussed further at a meeting with disability providers and advocates for people with a disability being held later the same week. We raised several matters, including economic recovery opportunities in the wake of the COVID-19 crisis, a portable long service scheme for Tasmanian disability and community service workers and the multiemployer agreement that hasn't been renegotiated. HACSU's keen to work with industry to put forward priorities for the sector that that could assist with economic recovery following COVID-19, such as new housing stock and increased training opportunities for people working in the sector. We also see the introduction of a portable long service leave scheme as a real chance to attract workers to the sector and reward staff for their experience. We also discussed the potential to recommence negotiations for a new multi-employer agreement. This agreement was negotiated nearly 10 years ago and needs to be updated to reflect changes in the industrial landscape and catch up with other disability and community services agreements that include things such as family and domestic violence leave. Is there 4 weeks’ notice on rosters? We recently advised Coastal Residential Services that several staff told us the rosters for permanent staff haven’t been given within the 4-week time frame required by the CRS staff agreement. We were told that "Rosters have currently been released for shifts up to and including 16 July for all worksites with some individual

schedules released up to 22 July" - if this information is accurate then it would indeed meet the 4 week notice period requirement. The issue seemed resolved but some workers have told us they again have no rostered shifts throughout these dates and the only rosters they have are for a 2-week period. Rosters given out constantly with only 2 weeks’ notice are breaches of the staff agreement and make it very hard for workers to plan life outside of work, so this must be sorted. We advise any permanent staff member who doesn't have a roster within a 4 week notice period to tell rostering management, and if they don't address the issue, let us know so we can follow it up. NDIS price guide changes The National Disability Insurance Agency has completed its annual review of NDIS prices and released an updated price guide and support catalogue applying from 1 July 2020. Some of the positive changes HACSU asked for in our submission to the price review have been implemented, such as enabling providers to recoup 100% of the cost of cancelled services (previously 90%), assuming 100% of workers will be eligible for long service leave in recognition of portable long service leave schemes (previously 18%) and enabling providers to charge participants for the non-labour costs of travel (ie where a worker has to use their own vehicle to transport a participant). Prices haven't yet been indexed as the NDIA is awaiting the Fair Work Commission’s decision in the Minimum Wage Case. However, there are some key structural changes to the price guide that'll be detrimental to the sector. The key change relates to supported independent living prices that pay for the cost of running group home services, with this price guide changing these supports from uncapped to capped – meaning some providers will see reduced income. These changes demonstrate why we need to continue to campaign for a better NDIS.

GRIEVANCE RESOLUTION MOST members at one point or another in their working life will be faced with a grievance in their workplace. Whether you're lodging a complaint, or one has been made against you, it can be a very stressful time and an overwhelming process to follow through. Some will even quit their job rather than raise issues or respond to complaints for fear of the repercussions of lodging a formal complaint. Grievances are often to do with employees wanting to have issues they raise recognised, treated seriously and acted upon. A grievance resolution is a process used by an employer to resolve or redress an employee’s grievance, and effective grievance resolution is important as unresolved issues can escalate and make it unbearable for someone to go to work. A responsive and timely grievance resolution helps maintain positive, healthy and productive working relationships and creates workplaces with a good culture that attract and retain happy, productive employees. A formal grievance is a complaint usually made in writing about a

work practice or work environment problem, concern or complaint which is unfair, unreasonable, inappropriate, unjustified or discriminatory and which arises out of an action, omission, situation or decision. All members going through a grievance process need to be aware of their entitlement to procedural fairness and natural justice. If you're required to attend a meeting with your employer in regard to a grievance, you have a right to know the following information before you attend:

• The issue to be discussed, who'll be in attendance and what procedure is being used, ie disciplinary or performance review and development. At this point you should be advised that if there is a formal meeting to discuss this matter you're entitled to bring a union representative to the meeting. We strongly urge you to seek representation from HACSU before attending a meeting. Some other tips to remember:

• You have a right to know who lodged the grievance and to be provided with all relevant

documentation which should include copies of the complaint signed and dated by the complainant. • You should be given reasonable time to consider your response before the meeting with the employer, and a timeline of how your grievance will be progressed. • Draft a written response containing factual information such as a sequence of events giving dates, times and places and witnesses if any. A HACSU organiser can help you with this. • At the end of the meeting you should receive a time frame in which you can expect to be advised of the outcome, and this may include the employer carrying out further investigations and seeking other evidence. • The outcome should be balanced against the incident/allegation so it's a fair and appropriate outcome. • If you feel that the outcome was unjust you should contact HACSUassist for further advice. • It's imperative you contact us as soon as you're aware of a grievance so we can provide support and representation throughout the process.

PROFESSIONAL INDEMNITY MALPRACTICE INSURANCE You can’t afford to be without it If you work in a role where you provide personal care, your HACSU membership includes free Professional Indemnity Malpractice Insurance (PIMI) that covers you for claims up to $10,000,000. PIMI is a type of insurance that protects you in the case of someone making a claim for loss, damage or injury as a result of how you’ve performed at work, and it’s essential to have it if you’re in a personal care role. Your employer doesn't provide this insurance, it’s your responsibility to make sure you have it, and many pay far too much for third-party PIMI or don’t have it at all. For a copy of the policy terms and conditions, ask your HACSU organiser or call us on 1300 880 032.

6 16

PEACE OF MIND

COMMUNITY & DISABILITY COVID-19 allowance update We wrote to all disability service providers asking them to commit to paying the COVID-19 allowance, should a member need to support a client that has, or is suspected of having, the virus. The allowance would recognise the extra responsibilities and skills required to support someone with a disability that has COVID-19. We got a commitment from a number of providers that they'll pay the allowance and some acknowledged our letter and said they’ll get back to us, so hopefully more employers in the sector will do the right thing and commit to paying it. The matter is still before the Fair Work Commission, where we’re fighting to have the allowance put into the award so everyone can access it. We’re also continuing to pursue getting paid COVID-19 leave into the award, via the FWC, for employees who need to self-isolate. Are you being underpaid? We’ve had several calls highlighting underpayment issues with employers and we recently helped support workers for a private sector disability provider who believed they had been under paid overtime. The HACSUassist team worked with these two members to look at some sample periods from their payslips and discovered evidence there’d been at least one instance of both workers being underpaid. When we showed the employer, there was a full audit of both workers’ pay that proved both members had indeed been underpaid and were both owed just over $3000, and they were excited to get the news they’d be paid the wages they were owed in the next fortnight. HACSU is here to help so if you believe there are issues with your pay, or underpayments have been made, contact HACSUassist to find out further information on 1300 880 032 or assist@hacsu.org.au Helping members HACSU was able to help when

a member working in disability services was stood down for an investigation into allegations of 'serious performance and behavioural concerns' after a complaint about an interaction between the member, clients and another worker. Outcomes of the investigation included disciplinary action and termination of employment. HACSUassist gave advice on how to respond and liaised with the employer to set up a meeting where we represented the member while they responded to the allegations and challenged some points. HACSU insisted termination would be too harsh, requested it be withdrawn, and suggested further training instead of disciplinary action. The employer didn’t commit to anything at the meeting but the next day the member got a letter saying all allegations were unsubstantiated and there'd be no disciplinary action. In the end the employer simply offered further training around communication. HACSUassist can give advice and support with both disciplinary and non-disciplinary matters, so if you get any disciplinary letter, or your employer asks to meet with you, contact us because we’re here to help. Montagu 'restructure' is unfair HACSU met with Montagu Community Living Centre CEO Russell Penman, and it's not good news for many staff. There may be merit in what Montagu want to do but the way they're proposing to do the restructure is unfair to many staff, so we asked them to commit that no current staff member would be worse off - they refused and inisist some staff could be made redundant. They could easily make that commitment, and a first step would be to only offer positions to existing employees, but they refused despite it being a fair request to ensure all staff have a future with Montagu. They seem determined to spill and fill all roles and gave no real justification.

They met with staff in the days after our meeting, and then we talked to members to get their thoughts on what's proposed. We're determined to fight for a fair process and outcome that ensures members' rights are protected and that clients receive the support they deserve from staff they know and trust. HACSU busy in FWC in June-July There was a Fair Work Commission hearing on 25-26 June to consider our claim for paid pandemic leave for health, aged care and social and community support workers, and we argued these workers need paid leave when required to quarantine, self-isolate or when they contract COVID-19. There was a separate hearing on 1-2 July to consider a claim for a COVID-19 allowance for disability support workers, and HACSU members and expert witnesses gave compelling evidence in support of our claims. Portable Long Service Leave push We’re once again trying to push forward the case for a portable long service leave scheme for the disability services sector and met with many employers in late June to push the case for the scheme, and we organised for Mick Anderson, Tasmanian secretary of the CEPU and board member of TasBuild, to speak to the sector. TasBuild is the portable long service leave scheme covering our construction sector and we'd like to see a similar scheme for disability and community service sectors. ‍ NDIS screening delayed until 2021 The NDIS Worker Screening Check is a national mandatory criminal history screening for workers delivering supports to NDIS participants and for workers employed by a registered NDIS service provider who have more than incidental contact with a person with a disability. The check was meant to launch on 1 July 2020 but has been delayed to at least 1 February 2021.

YOUR HACSU DELEGATES JASON BECK

Launceston General Hospital

n s writte Profile -19 COVID before

TRACY ROBERTS

Mt St Vincent Nursing Home & Therapy Centre

I'M A HOSPITAL Aide in the LGH intensive care unit and me doing my job enables the medical staff to concentrate on providing the best possible care for patients. I've been in this role for 8 years and before that I was a forklift driver. I joined HACSU 3 years ago and have always been a delegate in my previous workplaces, so believed I would be a good fit as I had a good understanding of issues for hospital aides and wanted to help make a difference in my workplace. My knowledge has improved through the training that HACSU has given me and I've been a voice for members and have helped them with issues at the LGH. In the future I'd like to see improvements in morale based on achieving positive outcomes for members with the union and management. When I'm not at work I love to cook. By the end of 2020 I'd like to see Brexit finished, Trump voted out and St Kilda as premiers. My dream BBQ guest would be Mother Teresa.

I WORK in the Mt St Vincent kitchen and as an Extended Care Assistant and I'm very, very busy in the kitchen, and both jobs are full-on and stressful. I've been doing this for 9 years but have worked in hospitality all my working life. I haven't been a HACSU member for that long, but I just wanted to make a difference and take a stand for what's right for hard-working people. As a new delegate I'd like to achieve a fair, united and positive workplace. When not at work I like outside activities such as camping, hiking and speedway, or doing nothing at all. Changes I'd like to see in the world by the end of this year are for the rich to stop getting richer and the poor to stop getting poorer. My dream BBQ guest isn't famous to anyone but me, it's my deceased daughter.

14 18

COVID-19 Worker Helpline What has COVID-19 meant for your work? Do you need advice on your workplace conditions, rights, wages or health and safety? Do you have questions around JobKeeper or other support for workers? Unions Tasmania is providing FREE advice to any Tasmanian whose job has been impacted by COVID-19. If you need workplace advice, please get in touch: (03) 6216 7616 covidhelp@unionstas.com.au DM: @unionstasmania

HACSU OUT AND ABOUT AGAIN AF

FTER THE LONG COVID LOCKDOWN

PRIVATE HEALTH It pays to be union Casual award-based employees in aged care and social &community services including disability will be paid the 25% casual loading on top of their penalty rates for working Saturday, Sunday and public holidays from July 1, 2020. This is happening because HACSU and other unions have pushed for and won this change, and the main reason we achieve great outcomes like this is because these sectors are highly unionised, but some workers reading this may not even get penalty rates for working Saturdays. Here are some important questions that workers should ask themselves:

HACSU recommends employers work with health and safety reps to conduct risk assessments, which should include training and education strategies and controls as well as any necessary personal protective equipment. There should be consultation about risk controls and their effectiveness before they’re implemented and steps to address risks to all staff including identified vulnerable workers. There may be a need for physical barriers such as clear plastic sneeze guards, improving ventilation or adopting flexible working hours, in addition to cleaning and hygiene practices.

• Are you on an agreement or an award?

Tasmania has specific workplace guidelines and templates and checklists that can be found at WorkSafe Tasmania’s COVID-19 Safe Workplaces Framework webpage.

• Is your employer fair and equitable?

The new minimum standards require a workplace to:

• Do you always receive all your entitlements?

• Manage the risks of a person contracting or spreading COVID-19 in the workplace

• Are your working conditions good?

• Will asking for entitlements make your employment insecure? • Have you ever been told ‘you’re lucky to have a job’ as a reason why something isn’t paid? Anyone who feels there’s an imbalance going on that they want to change should contact us so we can chat about how to fix things by giving HACSU members a stronger voice at work Returning to work after closure Employers wanting workers to return to their normal place of work after a COVID-19 closure must ensure it’s done safely. This includes re-establishing normal staffing, and section 19 of the WHS Act gives the employer the responsibility of ‘Primary Duty of Care’ which means they must protect the health of workers, customers, and the public.

• Implement and maintain a cleaning schedule across the workplace • Have good hygiene procedures and practices such as washing and/or sanitising hands • Ensure workers instructed to quarantine or self-isolate don’t come to work • Make sure physical distancing requirements are met by workers, contractors and others entering, leaving or moving around the workplace • Provide info, training and supervision on how COVID-19 risks are to be managed and ensure staff follow all processes and procedures • Provide info and instruction to others who attend the workplace about how they are to comply with processes and procedures, and make sure they apply them

If you’re an HSR for your worksite please research this information and, if in doubt, contact HACSUassist on 1300 880 032 for help. Workers at the sharp end As COVID-19 continues, we’re ensuring workers aren’t forgotten, particularly health and community workers who are critical to the response, and we can help if you have questions about any of the following: • Which employers qualify for the JobKeeper allowance • How the JobKeeper allowance affects workers • Have staff received appropriate personal protective equipment and training • Is the employer providing a safe workplace with rules for social distancing Feel free to contact our team at HACSUassist on 1300 880 032 or assist@hacsu.org.au HACSU will continue to fight to protect workers, especially health and community workers, who shouldn't be disadvantaged by the pandemic. Healthe Care staff agreement Healthe Care's non-nursing staff agreement has expired and it’s time to start negotiating a new one, so we emailed members on 1 July with a survey to fill in to let the bargaining team know what they'd like to see in the log of claims – the members' wish list of things they'd like added, updated or deleted from the current agreement. Healthe Care representatives have already said they may be interested in rolling over the expired agreement, meaning they’ll use the current wording but with a 2% pay rise for each year that it applies, and also said they’d be interested in making it 2 year agreement instead of the current 3 years.

YOUR WORKPLACE HSR EVERY SITE NEEDS ONE DOES YOUR WORKPLACE have a Health & Safety Representative? HACSU has a growing network of HSRs who help ensure the health and safety of workers is a priority. They work in hospitals, aged care, disability and community services and are elected by their colleagues to ensure the highest standards of health and safety are maintained, and they can take up safety issues with management and employers. HSRs receive proper training on how to recognise and report safety hazards and follow important processes until an issue is resolved, and they receive paid training each year to ensure their knowledge and problem-solving skills are updated.

They know what unsafe work practices look like and what must be done to fix them, and they help give workers greater participation and opportunity to address safety issues with management. It’s important that all workers take an active role in workplace health and safety and that any concerns are taken seriously by their employer. In general, any worker can nominate for an HSR position and, if elected, serve a 3-year term. HACSU strongly encourages the election of HSRs in workplaces as they're a powerful tool in protecting the health and safety of workers.

What's a Health & Safety Rep? An HSR is a worker elected by their colleagues to represent the work health & safety (WHS) interests of that workgroup as per section 68 of the Work Health & Safety Act 2012. They work with the employer to instigate, develop and carry out measures to ensure health & safety at the workplace. This can involve: - Developing WHS policies and procedures - Reviewing measures taken to address risks

Many HACSU HSRs say it’s a rewarding role and their co-workers appreciate the effort they put in.

To find out more about becoming an HSR please contact your organiser or call us.

- Monitoring WHS performance data such as incident and injury reports

They can help you deal with a health or safety concern in your workplace, so if you raise an issue with your supervisor or manager, be sure you tell your HSR too.

If you don’t know who your elected HSR is in your workplace, call HACSUassist to find out.

Powers of a trained HSR:

Not a member of HACSU? Join today!

- Direct workers to 'Cease Unsafe Work' if there is a serious risk of immediate danger - Issue management with a Provisional Improvement Notice (PIN) when there's a safety problem that hasn't been remedied by consultation with the employer How are HSRs elected? Once workers have requested an HSR election, management has 14 days to commence negotiations with them around specifics of the HSR structure such as workgroup boundaries and the number of HSRs for each workgroup. HSRs must be democratically elected by workers in an open and transparent election process.

YOUR HACSU DELEGATES WILL FROST

Ambulance Tasmania

Profiles wri tten before CO VID-19

ERICA GOSS

Eskleigh Foundation

I'M AN EMERGENCY Medical Dispatch Support Officer with Ambulance Tasmania and my average day entails taking 000 and non-emergency calls. These range from giving CPR instructions to helping little old ladies who canâ&#x20AC;&#x2122;t remember their names. I've been doing this for 18 months and before that was a primary teacher, worked in an immigration detention office and as an insurance broker. I've been a HACSU Member from day one and a delegate for about 4 months, becoming one because I was a delegate at SERCO and found it very rewarding. I'd like to achieve a harmonious work environment with no bullying, passive or otherwise, where open dialogue with management is common-place. My favourite thing to do when not at work is to cook. By the end of 2020 I'd like to see a world with less drama and more respect. My dream BBQ guest would be Gandhi as, through nonviolent resistance, he successfully led the campaign for independence and inspired civil rights freedoms across the world - as a bonus, I wouldnâ&#x20AC;&#x2122;t have to share my steak with him. As for a non-work pet peeve, can we please make it illegal for a slow car to speed up on overtaking lanes?

I WORK as a Disability Support Worker and my average working day is pretty busy as lives depend on an expert level of care. There has to be routine and structure and the provision of a consistently high level care, including personal care. I've done this job for 10 years and before that was a therapeutic youth worker and I joined HACSU 2 years ago and recently took on the role of delegate. I've achieved more than I anticipated so early, getting staff to become union members and being involved in new and improved EBA agreements and advocating for workers rights in the industry. My dreams are big, but my hopes for the foreseeable future are for more available support networks for staff and wages that reflect the work load. When I'm not at work I enjoy the quiet with a good book or documentary, and I love family time. The changes in the world around me I'd like to see by the end of 2020 are world peace and equality across the board - a girl can dream! If I could have one famous person, dead or alive, drop by for a BBQ it'd be Bob Hawke as that guy had it right, a balance in life that many envy. A non-work pet peeve... where do I start... my pet peeve is hypocrisy!

14 24

COMMISSIONS & CONSEQUENCES UNINTENDED consequences from the aged care and disability royal commissions - disciplinary meetings and stand downs - and are on the rise. Workplace representation from HACSU has gone through the roof. One thing we are seeing from some organisations since the royal commissions is knee jerk reactions to what might seem minor incidents at work to any ordinary person. We've seen someone stood down for something as minor as pulling a man’s whiskers with a shaver when giving him a shave. Do not go into a meeting to discuss a disciplinary or performance issue with any management unless you talk to HACSU first! We're seeing many cases where members front up to what they think will be a meeting about a minor incident and it escalates very quickly to them being stood down.

processes the employer must follow before doing things like changing a roster or a statement of duties. Also, check agreements and policies to see if there's a special process for disciplinary meetings or anything else relevant to the issue you want to discuss. You have a right to ask for a copy in writing, before the meeting, of any allegations and other relevant information management wants to discuss with you, and this will give you a chance to prepare a measured response for the meeting. Fronting up unaware of the allegations and giving a rushed response is fraught with danger, but HACSUassist can help you prepare properly. Don’t worry if you're not great at putting things in writing as our assist organiser will ask you to write a draft response to the allegations

and then talk you through any suggested changes, then they'll type it and organise a HACSU staff member to attend the meeting with you if needed. It’s natural to be nervous about your meeting so it’s a good idea to chat with your HACSU representative to go over what you’re going to say and answers to questions you might be asked. Remember, you can take as many breaks as you need and don’t have to agree to anything at the meeting. It’s your right to be given the time to make an informed decision. If you have any concerns, call us, we’re here for you. HACSUassist offers support and guidance for HACSU members and all calls are confidential, just call 1300 880 032.

In some cases a member expects to simply be quizzed about an incident but finds they're having charges put to them. WHAT YOU SHOULD DO: Before you attend a meeting with management alone call HACSUassist and our experienced organisers may pick up something you didn’t think of, and they'll also advise whether you should have someone go with you. You have the right to union representation if you need to meet with management to discuss any alleged workplace incident or your work conditions such as hours, workload, workplace flexibility, rosters or any other issue that affects your working life. Most employment agreements and workplace policies include 25

SANDY BAY HOLIDAY HOME FOR MEMBERS Affordable holidays for HACSU members HACSU owns and operates member-only holiday homes in three amazing locations across Tasmania: St Helens, Sandy Bay and Southport. Our homes are fully furnished and fitted out with everything you’ll need. Heading to Hobart? Stay right on the water’s edge in Sandy Bay, in strolling distance of popular beaches, cafés, shops, parks and a secure modern playground. Just seconds from Wrest Point Casino and minutes to the CBD. For more, call 1300 880 032.

6 26

PRIVATE HEALTH Calvary Health Care If anyone at Calvary Health Care has been told they can’t take carers leave to look after a child or family member it isn’t true. By definition, ‘carers leave’ exists so a worker can have time off to care for a loved one, and nowhere in the staff agreement does it say members aren't entitled to carers leave for their children. Clause 26 Personal/Carers leave states: (e) An Employee, other than a casual employee, with responsibilities in relation to a member of their immediate family or household, who needs the employee’s care or support, shall be entitled to use, in accordance with the subclause, any current or accrued personal leave entitlements, for absences to provide care or support for such persons when they are ill/injured or in the case of unexpected emergency. Such leave may be taken for part of a single day (g) The entitlement to use personal leave in accordance with the subclause is subject to: (i) The employee being responsible for the care or support of the person concerned; and (ii) The person concerned

being a member of the employee’s immediate family or household There have also been concerns about how late people have been receiving rosters – getting a roster on a Thursday that starts that following Monday is simply not acceptable! So, if any member is told something that doesn’t sit well, or seems like incorrect information, please contact HACSUassist on 1300 880 032 or assist@hacsu.org.au so we can help put things straight. What have unions done for workers in private health?

The rights we enjoy at work today have been won for us by workers and their unions: • Annual leave won in 1906, 10 days in the 1970s, then increased to 4 weeks • Sick leave began in the 1920s, enshrined in the 1970s to 10 days • Penalty rates established in 1947 for work done outside ‘ordinary hours’ • Maternity Leave Act in 1973

• Superannuation national laws in 1983 associated with the wages accord, where pay rises were forfeited to establish national superannuation at 3%, and from 1992 this rate was increased slowly to 9.5% by 2014 with plans to raise the rate to 12% by 2025 using 0.5% annual increases starting in July 2021. • Long service leave - public servants received it in the 1860s but by the 1950s all employees had access to LSL, confirmed in the 1970s by acts of parliament. • Redundancy pay • Many more rights and entitlements It’s hard to imagine working without all those, the way people did before they banded together and fought so we could all have a better working life. HACSU can assist in many ways – we help resolve workplace issues, we’re your voice, we make sure employers meet their obligations and we can investigate suspected breaches of discrimination laws and workplace safety laws.

• Working week defined as 44 hrs in 1927, 40 hrs in 1947 and 38 hrs in 1983 • Paid parental leave in 2011 • Dad and partner leave in 2013

HAVE YOUR DETAILS CHANGED? Moved house? New email address? Changed worksite? New phone? Let us know if any of your membership details change so you don't miss out on vital info or great discounts. It only takes a moment. Simply call 1300 880 032 or email assist@hacsu.org.au 27

HACSU OUT AND ABOUT AGAIN AF

FTER THE LONG COVID LOCKDOWN

SPEAK UP AGAINST RACISM - DO MOST workplaces have very large diversity, as they should, and at any site there are workers of different sex, race, age, religion, sexual orientation and more.

If a co-worker or manager is making you feel uncomfortable, or hurts you with words they use, be sure to tell them right away because ignoring racism rarely makes it go away.

While workplaces pride themselves on being diverse, individuals’ varying perspectives on life can create trouble.

As a member of your workplace you can be part of the solution because you have power to make positive change.

Although a good portion of people don’t want to admit it, racism and discrimination still take place today.

Don’t ever laugh at a racist joke, no matter how ‘lighthearted’, because people who make these kinds of jokes are looking for attention, and a laugh is an affirmation that their conduct is acceptable.

One of the areas where we see people struggling with racism a lot is in the workplace, which is unfortunate as it's where most of us spend the majority of our life. When someone faces racism in the workplace it can really start to take a toll on their work, their health and their overall attitude. There are many laws in place to combat this behaviour, but racism in the workplace has evolved and today it’s often hidden in the guise of jokes and unfair treatment. The person dishing it out may not even really understand they’re making racist comments or making someone else uncomfortable or upset, which is why it’s so important to have good communication in the workplace.

Instead, take the person aside and let them know their comments are inappropriate. If you’re experiencing racism, try to talk to the person making you uncomfortable, if you feel safe doing so, before going to management. They may simply not be aware they’re causing you hurt, so by addressing the issue with the person first, they can be under no illusion that you find their conduct welcome or acceptable. If the conduct continues, you should document every instance and report it to your manager. If talking to the perpetrator hasn’t worked, and you feel management isn’t dealing with your complaint satisfactorily, contact HACSU for advice about lodging a formal grievance and for support through the process. You can also ask HACSU to speak with your employer about including anti-racism measures in enterprise bargaining, or implementing anti-racism policies and training in the workplace. Racism is racism and there's no place for it in the workplace or anywhere else, and through union solidarity we can look out for each other to ensure none of us is exploited. If you feel you’re experiencing racism in your workplace, or you feel it’s being inflicted upon someone else, contact HACSUassist on 1300 880 032 or email assist@hacsu.org.au

HACSUassist offers support and guidance for members and all calls are confidential. 30

ON'T BE PART OF THE PROBLEM Facts that dispel some of the myths about where most Australians were born Every single country in the world was represented in Australia’s population in 2018, but this is the mix from the top ten countries: England + New Zealand = + South Africa + Scotland

China + India + Philippines = + Vietnam + Italy + Malaysia

8.5%

Percentage of overseas-born Australians 1891 to 2018 30

Historically, more people immigrate to than emigrate from Australia thereby adding to the growth of the national population. The various waves of migrants from numerous countries over time have had an important effect on the diversity of Australia's population.

1888

1948

2018

Table 1.2 Australia's Table 1.2 Australia's populationpopulation by countryby ofcountry birth - 2018 of birth - 2018

Australia's population by country of birth in 2018

Country Country of birth(b) High levels of immigration in the years before 1891 of birth(b) resulted in 32% of the population being counted England England as overseas-born in the first country-wide census in Chinawas China 1891, while in 2018 the proportion born overseas India India 29%. New ZealandNew Zealand In 2018, those born in England (992,000 people) Philippines Philippines continued to be the largest group of overseas-born Vietnam Vietnam South Africa South Africa residents, accounting for 4% of Australia's total Italy Italy population, and Chinese-born (651,000 people), Malaysia having recently moved into second position, Malaysia Scotland Scotland accounting for 2.6% of the population. All overseas-born All overseas-born Australia-born Australia-born

persons

persons %(c)

992 000 992 000 4.0 651 000 651 000 2.6 592 000 592 000 2.4 568 000 568 000 2.3 278 000 278 000 1.1 256 000 256 000 1.0 189 000 189 000 0.8 187 000 187 000 0.7 174 000 174 000 0.7 135 000 135 000 0.5 7 342 000 7 342 000 29.4 17 650 000 17 650 000 70.6

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YOUR HACSU DELEGATE KALE SKERKE

Huon Regional Care I WORK at Huon Regional Care where I'm an Extended Care Assistant, though I'm currently in my last year of nursing. My average day depends on whether it's a high care or low care area of the facility, but it's always go, go, go! Without realistic staff-to-patient ratios us ECAs are expected to do more and more with less staff. In our high care area we do ADLs, (activities of daily living), until 10.30 or 11am, or later, then people need to be toileted and taken to the dining room for lunch. That's 6 ECAs for roughly 45 residents, most of them requiring 2 staff, so sometimes you're lucky if you get a morning tea break. At lunch we hand out trays, position people who stay in their rooms for lunch then head to the

dining room and help serve meals and assist with feeding if need be. At this point 1 ECA has finished their shift. Two staff go to lunch at 12.30 so that leaves 3 ECAs to collect trays, transfer residents back to rooms, toilet, reposition bed-bound residents and answer call bells and sensors such as out-of-chair or floor sensors - about 20 residents have a sensor which we're told we have to answer straight away. At 1pm the other 2 staff members go to lunch and 1 finishes their shift, so that leaves 2 on the floor for 45 residents, with more than half on alert sensors. At 2pm another 2 staff members finish, leaving only 2 carers on the floor for an hour. Nurses try to help but they're often far too busy as well.

Profile w ritten before C OVID-19

I've worked in aged care for 5 years and before that I was studying IT and doing casual work. I've been with HACSU for 2 or 3 years and became a delegate because general staff didn't have one, so had no one to represent them and we were about start bargaining for a new staff agreement. When I first became a delegate maybe 5 carers were members, but I advised people and gave them reasons why they should join and they did, and now we have more carer members than non-members. I've also helped take general staff to industrial action and 3 stop works when we were offered a crap agreement. My hopes for the future in my workplace are that we can fix staffing levels and morale and go back to being one of the best nursing homes in Tasmania. My favourite thing to do outside work is a sport called strongman, and I've been invited to the Australian Championships in March. By the end of 2020 I'd like to see a better health system, better housing and better conditions in aged care. Personally, I want to finish my nursing, go to the strongman championships and travel. If I could have one famous person, dead or alive, drop by for a bbq it would be a toss up between Harrison Ford, because I love Star Wars and Indiana Jones, and Robert Downey Jr.

UNION REPRESENTATION

IT'S YOUR RIGHT If you're a HACSU member who needs to meet with management to discuss your working conditions you have the right to union representation. This could be discussion of hours, workload, workplace flexibility, rosters or any issue that affects your working life. Most employment agreements and workplace policies include processes the employer must follow before doing things like changing your roster or statement of duties and tasks. You can also check agreements and policies to see if there's a special process for disciplinary meetings or anything else relevant to the issue you want to discuss. Itâ&#x20AC;&#x2122;s a good idea to ask management for a copy of all relevant information in writing before the meeting, and this includes your right to access your own personnel file if needed. We suggest calling HACSUassist to contact the employer to make an appointment. You may also need to sit down with a HACSU organiser before the meeting to properly prepare by looking at the issue is and what the preferred outcome is. HACSUassist offers support and guidance for HACSU members and all calls are confidential, just call 1300 880 032. 33 27

HACSU OUT AND ABOUT AGAIN AF

FTER THE LONG COVID LOCKDOWN

PUBLIC SECTOR The public service is pivotal If we’ve learned anything from the pandemic it’s that a well-resourced and agile public service is pivotal to dealing with any crisis, especially a pandemic, and we’ll be doing everything in our power to ensure our services are designed and properly resourced to meet the ever-increasing demand. We encourage all members to remain aware of physical distancing, room capacity, hand hygiene, staying home if unwell, getting tested and downloading the CovidSafe app. Be strong, take care and stay safe we’re proud to represent you. Community mental health and police support Recently the Police Association made submissions to government claiming the provision of support to community mental health workers is an inappropriate use of police resources. Historically, police have assisted community mental health workers under a memorandum of understanding arrangement. This helps health professionals and support workers deal with sometimes violent, aggressive and acutely unwell clients in a community setting. While imperfect, and not without issues, this arrangement has been the most efficient working model under current community mental health and police resourcing. We understand it’s not your preference to request help but sometimes you really have no choice, and mental health workers can’t be expected to go to work in fear of being in a potentially violent situation without proper support. The THS have an obligation to provide a safe work environment, and to remove police assistance would be a serious safety concern, 36

so our shared concerns have been raised with them and once we have a response we’ll arrange a statewide meeting with community mental health members to discuss the issue. The bottom line is we’ll always fight so our members have the support they need to be safe at work. Out and about With eased restrictions HACSU organisers have returned to visiting workplaces around the state and, while mindful of precautions that must be taken, we're happy to get back to what’s at the centre of everything we do - listening to members and talking about how we can all work to build and exercise power in our workplaces. We also know a range of issues that already existed have been exacerbated by the pandemic, and some new issues created, and they need to be addressed. We look forward to working with members to remedy some of these, so if you'd like a HACSU organiser to come and visit your workplace, or hold a meeting for you and your workmates, please get in touch through HACSUassist. Keeping an eye on MCH While we’ve all been dealing with COVID-19 it seems THS have grabbed the chance to try and make adjustments to the way many roles are being performed at the Mersey Community Hospital. Some of these were necessary to cope with the pandemic but other changes have been on the table for a while and it seems they may be trying to slip them under the radar. Most proposed long-term variations are medical ward related, where there’s been a lot going on for workers with some changes bubbling away in the background throughout the pandemic, but rest assured we’re working through these as they develop.

Those in admin roles may also have heard talk around changes to duties, rostering and manning. We’ve asked about the rumoured variations and THS claims they have no such intentions but, while this may well be correct for now, we’ll be keeping a close eye on developments. If any member has concerns over changes to their role during the transition back into pre-pandemic operations, please call us. Buy Tasmanian for sure... We commend the government's campaign to support Tasmanian business as part of looking out for one another during the pandemic recovery process, but think it can be better. We know the government wants to bring forward some infrastructure projects around the state that’ll help the relevant industries in the short term and deliver longer term, ongoing benefits to the broader community. We’re keen to talk to them about what infrastructure or capital works could be undertaken in health and communities that are desperately needed and also make for sensible, measured policy in delivering the most bang for the community’s buck. We’ve started some initial work identifying possible projects around the state and will share more of this with members as we go. We know that not everything can be upgraded or improved at once, and this is a real opportunity for Tasmania to address some longstanding issues, so we’re keen to hear from you if you work in a service where you believe some infrastructure or capital works could really help service delivery, so please get in touch through HACSUassist to let us know.

HEALTH & SAFETY COMMITTEES THEY HELP PROTECT YOU Does your workplace have a Health & Safety Committee? Under section 75 of the Workplace Health and Safety Act of 2012 workers have the right to request establishment of a Health & Safety Committee. This means that bosses and workers must come together to discuss safety issues. The committees established under the Act are ‘required to meet at least once every 3 months and any other time on request of half or more of the committee.’ Bosses can't reject a request to establish a committee if the request comes from a Health & Safety Representative or 5 or more workers at the workplace. Big fines apply if committees aren't established with 2 months of the request being made.

Health & Safety Committee members are to be given reasonable time to work on safety matters, and it's always paid time. Your boss should approve this and it's not normally a trigger for overtime. There are substantial fines if bosses don’t allow committee members time to work on safety matters. Committee members must be given or have access to all relevant information relating to hazards, including associated risks, at the workplace and the health and safety concerns of workers at a workplace. This may include being able to see all incident reports which relate to safety events including workplace injuries. Health & Safety Reps have powers under the act, but

Health & Safety Committees don’t have to just include HSRs - anyone can be appointed to a committee. Where an injury is involved the boss mustn't disclose the identity of the worker to the committee members. This is to comply with the privacy obligations and fines are included under the Act if they do name the injured worker. Remember, if there's any health and safety issue in a workplace, and the issue isn’t raised, there’s a fair chance it’ll never be addressed. Any member who wants more info about having a Health & Safety Committee in the workplace can simply contact us at HACSUassist via assist@hacsu. org.au or 1300 880 032.

YOUR HACSU DELEGATES YOUR HACSU

JENNIFE

The Hoba

I WORK at The Hobart Clinic as a group therapist and Registered Nurse and I also work on the Quitline, a smoking cessation service run by The Cancer Council of Tasmania. My art therapy involves a 'check in' where people can talk about their feelings while doing art, so good listening, counselling and time management skills are essential.

Ideally you want a lot of the therapy to come from group interaction but it’s a bit like juggling personalities at a big family get together.

Just like in any group, there have been periods of disharmony and stress which can at best be described as a great learning opportunity!

Now and again someone will present in a distressed or even suicidal state so ensuring they get the help they need to stay safe is top priority.

Working on the Quitline mainly involves phone counselling as we have clients we call regularly to provide them with support and advice about cessation strategies and nicotine replacement therapy. As an ex-smoker who worked for many years in the drug and alcohol field I enjoy helping people free themselves of dependence on harmful substances - and tobacco is one of the most harmful there is. I also do the occasional nursing shift and it’s definitely the hardest job in the mental health industry, not physically but emotionally, as you’re responsible for everything from the most menial of problems to people’s welfare and lives. The paperwork is always expanding and you’re required to multitask and prioritise to an extreme degree at times, all while appearing serene and unflappable. I’ve worked as a nurse for 32 years, although it doesn’t feel that long, and have run group therapy for about 20 years. Counselling is something a nurse does routinely as you’re always dealing with people in crisis, but I’ve been practising professionally since graduating from my degree course in 2013. I left school early and studied art and acting for a few years, then worked in a number of poorly paid casual jobs, everything from waitressing to being an artist’s model at art schools.

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U DELEGATE

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art Clinic

tten Profile wri VID-19 before CO

A little later I spent some time in the US before finally realising that being a starving artist wasn’t what it was cracked up to be, so at 25 I went to a vocational guidance counsellor who suggested I become a nurse. I've been a HACSU member since August 2018, having formerly been in the ANMF. I became a delegate mid last year after our HACSU organisers told us, in the course of our long campaign for a new agreement, which is still ongoing, that we wouldn’t be likely to get anywhere without a delegate or two, so it seemed like the right thing to do. Very sadly, my proposed codelegate, Nikki Fuda, EN, died unexpectedly in December 2019 before getting a chance to take on the role. As a Delegate I was able to attend a bargaining meeting in 2019 where I could speak up on behalf of the nurses at The Hobart Clinic and point out how unhappy many of them were at that time. Being a frontline worker, I was able to bring some reality to the table which I hope helped break through some of the confusing rhetoric management was engaging in. This might have helped, to some degree at least, to hasten the improved pay rise the nurses were eventually awarded. At that time, we were on the same agreement as the hospital staff but that was later changed to two separate agreements which, unfortunately, meant hospital staff weren't offered the same degree of wage rise.

My hopes for my workplace in the future are for a more harmonious and stable workplace with better conditions for all workers, especially the hospital staff who've been treated poorly in many ways, but particularly in regard to pay rises recently. My favourite thing to do when not at work is spending time in my studio drawing, painting or printmaking, with reading and self-directed study coming a close second. My husband has way too many interests also but we enjoy doing things together like going to the movies, art galleries etc. Changes in the world I'd like to see by the end of 2020 are the resettlement of the detainees on Manus Island and other Australianrun detention centres instead of them being left to rot indefinitely, and I’d also like more discussion of the idea of a universal basic income. I hate BBQs, but if I could have one famous person, dead or alive, drop by it would have to be an indoor event with roast tofu, and I’d invite George Orwell, the writer of 1984 and so many other interesting books. I’d love to hear his take on history since his death in 1950 and I have a feeling he wouldn't be too impressed with the current state of affairs. As for a non-work pet peeve... the attitude of self-righteousness and name-calling that prevails in our society has become quite toxic. Some people believe anyone who says something they don’t want to

hear must be demonised and shut down without any discussion. We've gone from the Age of Reason to the Age of Feelings, and this is definitely not a step forward. One thing that particularly annoys me is the way working people are spoken about as dumb, racist, sexist and phobic in various ways. In reality, the level of racism and sexism has gone way down compared to what it used to be. Racist and sexist policies are, for the most part, no longer enshrined in our laws, and unfair discrimination is illegal. The obsession with uncovering prejudices has resulted in a test that employers can now use to determine the “unconscious biases” of their staff. While of course it would be positive to reduce racism and sexism, no boss should ever be given the right to rummage around in our unconscious mind. George Orwell anticipated such violations of the right to private thought in his book 1984, an imagined future in which people could be imprisoned for “thought crimes”. He certainly would have had a field day with this new development! I really think we need to watch out for, and organise against, changes that erode basic liberties won through hard struggle by working people, such as freedom of speech, the rule of law and the presumption of innocence, to name but a few.

SOUTHPORT HOLIDAY HOME FOR MEMBERS Affordable holidays for HACSU members HACSU owns and operates member-only holiday homes in three amazing locations across Tasmania: St Helens, Sandy Bay and Southport. Our homes are fully furnished and fitted out with everything you’ll need. Go down to Southport and experience far south Tasmania, surrounded by coastal walks and plenty of places to surf, swim and fish to your heart’s content. Not to mention incredible thermal hot springs at Hastings Caves, the Tahune Airwalk, Lune River and Australia’s southernmost pub meals. For more call 1300 880 032.

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PUBLIC SECTOR Wage freeze? At the end of June we received correspondence from the State Service Management Office, that was then sent to all senior public servants, advising that the government is considering a wage freeze for them. The letter indicated that the government is looking to follow the lead of other state governments looking to freeze public servants’ salaries. Members know how hard we fought for their agreement, and the ink's hardly dry on the page. We don’t think anyone needs reminding that we all accepted wage increases below the national average since 2010. Real wages have gone backwards and the last agreement we reached with the government went just a little way towards addressing this issue. Some might say senior public servants earn too much and they should cop a wage freeze, and there are those in the community who argue that all public sector workers are overpaid and we should all cop a wage freeze. Therefore, it is possible the government is using senior public servants as a wedge and will seek to exploit this ignorance about public sector workers in general to attack everyone's wages and conditions. So nobody should be deceived, the government isn't just looking to freeze pay for the bosses, it's about creating a political wedge between public servants and ordinary Tasmanians. We wrote to the SSMO and told them we could see through their plan and how upset members would be knowing the government may be contemplating the ultimate betrayal after everything workers have done to hold our system

together - going to work when others were told to go home, isolated from their families and communities. We consider this wage freeze threat a provocative and worrying statement and an indication that the government may walk away from our wage agreements. In parliament Rebecca White asked the Premier a question about the possibility of a pay freeze for all public sector workers and he said: "No decision has been made and there has been no discussion within government concerning either a pay freeze or any other form of savings across the public sector. "In coming weeks and months, we will need to sit down and look at some very difficult decisions, decisions I admit I do not look forward to but we will need to do that." The Premier didn’t rule out a pay freeze even though he could have and should have. Let’s all remember, as escalating events in Victoria spell out clearly, we haven’t escaped the COVID-19 risk yet and we’ll need to maintain and support our committed workforce for a long time. Greens Leader Cassy O’Connor said a temporary pause should be supported. We met with the Department of Health leadership and told them, in no uncertain terms, that if there were ever a time to stand up for their workforce, it’s now. We said they need to be very clear with Treasury and the Premier that freezing our members’ wages their workers - at this time would be counter productive and would undermine the already flagging morale across the government health and human services sector. Premier Gutwein said that at some stage he will need to make difficult

decisions - remember hearing this from the then-Treasurer before? We’re sure everyone does. We’d put good money on the fact that Treasury has already done the economic modelling on what a public sector pay freeze will do to balance their spreadsheet - let’s stay vigilant. Fixed term contract review As part of the public sector wage negotiations there was an agreement between the parties for a review of fixed term employment across the state service, and members know we’ve had ongoing issues with what we call a blight on our community - insecure employment. Members have been telling us for years that the spectre of having their employment ended is both morally taxing and unproductive, and we know those in fixed term positions have trouble in their personal lives because of job insecurity and we know fixed term engagements are often used for convenience or some other manufactured reason rather than because the duties are of a genuinely fixed nature. We’ve written to THS and Communities Tasmania to initiate the review and have asked for the data relating to fixed term workers because we want to know where people are working, what positions they're in and how long they've been engaged on a fixed term basis. We hope to reach an agreement with the government that sees wholesale changes to this unnecessary, costly and damaging practice, so we're keen for fixed term workers to contact HACSUassist so we can add them to the register of fixed term workers and keep them fully informed as the review unfolds.

HACSU OUT AND ABOUT AGAIN AF

FTER THE LONG COVID LOCKDOWN

GETTING YOUR SUPER OK? THE Federal Government is undertaking a review of the retirement system and there's a possibility it'll back down from the increases to the Superannuation Guarantee. To help ensure you’re receiving what you’re owed it's important to know what payments from your employer are counted as Ordinary Time Earnings (OTE), attracting superannuation, and what aren't. When you complete ordinary hours of work - hours that don't get paid as overtime - they're counted as OTE and attract the current 9.5% Super Guarantee Charge (SGC). If these shifts have any shift penalties or loading they're also counted as OTE and should attract the 9.5% SGC too. If you're a casual employee you also receive the 9.5% SGC on the casual loading portion of your ordinary hours of work but, like other employees, you don't receive it when you work overtime. Allowances can be more complex. If you're receiving an unconditional allowance - site allowance, dirt allowance, danger allowance, freezer allowance etc - that relates to ordinary hours of work it'll count as OTE and attract the SGC, but payments relating solely to overtime hours wouldn't count as OTE. Reimbursements or allowances that are expected to be expensed in full don't count as OTE and wouldn't attract the SGC. Finally, on-call allowances that relate to hours that you're not otherwise working aren't counted as OTE and don't attract the SGC. When annual leave is taken it attracts SGC as it's counted as OTE, but if it's paid out because you've resigned, retired or been 44

terminated, it isn't counted as OTE and doesn't attract SGC. Any in-lieu-of-notice payments on termination are counted as OTE and should be counted for the calculation of your final payment for superannuation. All bonuses, except for those that relate only to overtime, are counted as OTE and should attract the SGC. So why is it important to know all this, surely your employer is paying you the correct amount? Well, besides the fact that the government recently passed a 6-month amnesty for all employers to self-report underpayments of

superannuation without receiving a penalty, we've recently been approached by members concerned they hadn't been receiving superannuation on their shift penalties. After we gave the HACSU members the correct information they went back to their employer and discussed their concerns. The employer investigated the issue and corrected everyone’s superannuation payments. So double-check your payslips and any employment termination payments you've received, and if you have any queries contact HACSUassist on 1300 880 032.

Do you have unpaid super? There are steps you can take if you think your employer isn’t paying your super, or isn’t paying you enough super. Thanks to the super guarantee, most of us working in Australia are entitled to superannuation. So, if you work for someone, are aged over 18 and earn more than $450 a month, that’s you. And it doesn’t matter if you work full time, part time, casually or if you’re a temporary resident, you get super. Super is paid into your account at a rate of 9.5 per cent of your salary. As part of the super guarantee, employers must pay super contributions at least four times a year. Even though it may be a long time until you can get your hands on it, remember that super is your money. So it’s in your best interests to check you’re getting every dollar that’s due to you. Check you’re being paid The easiest way to check you’re being paid super is to log in to your super account and have a look at transactions or recent activity over the year. It should clearly show regular contributions going in. If you don’t have online access, check your most recent statement and look at the transactions. Otherwise, contact your super fund directly. If things don’t look quite right While most employers try to do the right thing, they sometimes miss payments or stop paying. If you don’t see money going in, or there’s not as much going in as you expect, you’re going to need to bring this up with your employer. Conversations about money can be difficult, so keep it simple by asking these three questions:

1. How often are you paying my super? 2. How much super are you paying me? 3. Which fund are you paying my super into?

If you don’t get a good outcome from your conversation, the next step is to report unpaid super to the Australian Tax Office (ATO). They will then investigate your unpaid super for you. You’ll need to provide your tax file number as well as your employer’s details such as their Australian Business Number (ABN). This can be usually be found on your payslip or by searching on ABN Lookup. The tax office can also investigate unpaid super confidentially. Need to check your super? Log in to your online account Issued by H.E.S.T. Australia Ltd ABN 66 006 818 695 AFSL 235249, the Trustee of Health Employees Superannuation Trust Australia (HESTA) ABN 64 971 749 321. This information is of a general nature. It does not take into account your objectives, financial situation or specific needs so you should look at your own financial position and requirements before making a decision. You may wish to consult an adviser when doing this. 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).