Delegates' Kit: The Terminator Act

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DELEGATE KIT cpsu/csa delegates make work life better.

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Transcript of Delegates' Kit: The Terminator Act

Page 1: Delegates' Kit: The Terminator Act

DELEGATE KIT

DSC delegates

cpsu/csa delegatesmake work life better.

NDISYes!My Service Providerdsc

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CPSU/CSA Delegate Kit

WORKFORCE REFORM:

The Terminator Act

Workforce Reform: The Terminator Act Delegates’ KitThe Workplace Reform Act 2014, also known as the Terminator Act, is legislation that gives the WA State Government the power to sack employees that are surplus to an agency’s requirements or whose post, office or position has been abolished.

The Act provides for the worst forced redundancy package of any State in Australia and creates a platform for the Government to use these provisions for privatisation of jobs or as a stealth mechanism to remove staff.

But it’s not all doom and gloom.

The work you have done has impacted the Barnett Government timeframe, they had hoped to introduce this last year.

Through Delegates keeping members informed about the campaign, organising members to participate in action and providing feedback to MP’s, we are better placed to campaign to moderate the most excessive parts of this

legislation and to use the next election to force new commitments from political parties.

We are stronger when we work together – we’ve never been better placed to defend these hard fought member conditions. What’s more,

we’ve learnt that when Union members stick together and take concerted collective action, the government and community cannot help but listen.

You are the face of our Union in your workplace. Your ongoing support as a Delegate is critical to our success.

“No cuts, proposed or planned, for staffing within the public sector - none at all.”

- Premier Colin Barnett September 2012

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CPSU/CSA Delegate Kit

WORKFORCE REFORM:

The Terminator Act

In this kit:

The Kit is to help you organise in your workplace around the issue of Forced Redundancies and will be updated as the campaign goes forward.

This kit and the website will contain the following infomation for you to use

• The Key Arguements Around Public Service Funding

• Delegates’ Campaign Checklist - Spreading the Word

• Delegates’ Campaign Checklist - Organising a Workplace Meeting

• Forced Redundancies FAQs

• Forced Redundancies Lunch and Learn Presentation Notes (presentation available online)

• Attendance List

• Email to invite members to a Union meeting (available online)

• Membership Form

If there is anything else you think you need, please don’t hesitate to contact the Union on 9323 3800.

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CPSU/CSA Delegate Kit

WORKFORCE REFORM:

The Terminator Act

The Key Arguments Around Public Service Funding

Issue Govt Arguement Our Responses

Voluntary Redundancies

• Cost Blowout• Need to do now or face

greater action later• GST Revenues

Its about prioiritising, putting people before profits. Less public servants reduces our ability to support the needs of our community.

Giving public sevants access to redundancy is a temporary budget fixing measure that doesn’t address the need or demand for services espically in a growing State.

Investing in the right places rather than wasting money through bad management ie Muchea powerplant ($250million) Elizabeths Quay ($400 million) Burswood Stadium ($862 million).

The States GST split was agreed to by Court and Barnett. If its a bad agreement, then Colin is to blame.

Forced Redundancies Policy

• Needs Flexibilitiy• All other states have it• Redeployment is

outdated• You can’t fire bad staff

Less than 70 people on redeployment when the push for Legislation commenced in WA.

Not all states have forced Public Service RedundancyRedeployment was created to allow for management to reorganise, restructure or realign agencies without losing experienced and knowledgeable staff not sack them.

Permenancy allows Public Servants to offer advice to their political masters free of the threat of being made redundant.

It is a myth to say you can’t fire Public Servants. Each year Govt agencies and departments terminate staff who have either not met work performance standards or who have breached conditions of service.

Forced Redundancy Package

• It’s really the last step• People will get

supported

The packge of max 16 weeks after 10 years of service or more is the worst of any state.

The process is flawed as it doesn’t have any other option than termination at the end of the 6 month count down clock.

Agencies do not have the staff to case manage redeployees.

6 months is a very short timeframe and have no capacity for review by the Agency of the decision.

CPI Cap on Salaries

• Budget blowout• Wages greater than in

wider community

The cost of living increases under Colin Barnett Liberal Govt are significant, in the 2014 Budget: - Electricity up by 4.5 per cent, Water up by 6 per cent, Gas up by 6.4 per cent - Motor Vehicle License up 3%, Public Transport fares up by 4 per cent

Increases totalling $324 a year for the average Western Australian household.

Previous wage increases reflect a fair wage for a fair days work not a artifical cap that is effectively a wage cut.

Colin Barnett has previously awarded his own staff wage increases up to 52%. Dixie Marshall increase of $84,534. This equates to a child protection worker, protecting up to 20 of the most vulnerable children in society.

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CPSU/CSA Delegate Kit

WORKFORCE REFORM:

The Terminator Act

Delegates’ Campaign Checklist – Spreading the Word

Issue To Do Yes / No

Grab the posters and put it up around the Workplace

Delegates Rights clauses entitles delegates to have a Union noticeboard provided to place union material on.(Public Service Award 1992, Clause 36.5 or similar)

Building the Union

Send our recruitment email to Colleagues

We continue to fight against the Forced Redundancies, so we need to invite potential members to join and become involved in protecting their jobs and conditions.We have recently emailed all members and asked them to invite a non member to join.We are asking that you as a delegates to identify 3 non members in your worplace and forward them on the email.You can use the delegates website to• Check who are currently members of the union• Send the email to those people you have choosenAs a delegate, most awards and agreement allow you to send broadcast emails to all of your colleagues, both members and non members.

(Public Service Award 1992, Clause 36.5 or similar)

Follow Up with potential members you have emailed - to join- to participate

Once you have sent the emails to your 3 potentials, you will need to have a quick chat with them about how they feel about joining .It’s their conditions we are all fightening to protect.The delegates web site has a useful recruitment “how to guide”.Why not contact your organiser to discuss how to recruit new members.

Organising a workplace

Its is really important that we talk to our colleagues, members and non members, about what we are hoping to achieve in the anti-Forced Redundancies campaign.A good first step is to educate our members and potential members about the Terminator Act, its effects and inherent unfairness – run an info session, put up a poster, send a email.Use the Lunch and Learn guide for meetings, if you have access to facilities, chat to our L&D team about help running such a session.We can support metro and regional delegates!

Email the PremierHold Barnett to his words of September 2012!Make his actions match his words. Get onto the our Union website and email from a HOME email and register your protest!

Spread the Word

We need to get the people of WA to understand that an attack on Public Services is an attack on their standard of living, their safety, security and support services.Speak about the true costs of the cuts and the stress to you and your colleagues and clients.Make the Liberal Govt accountable for their actions.

We all want to maximise involvement, so here is a quick checklist of what we all need to do to support the Campaign. If you have any queries, speak to your Organiser or L&D for assistance.

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CPSU/CSA Delegate Kit

WORKFORCE REFORM:

The Terminator Act

Delegates Campaign Checklist – Organising a Workplace Meeting

Issue To Do

Time

Usually lunch time is the best option. As for time, the earlier the better. People will come and then have lunch but people who have an early lunch usually continue to have lunch and then don’t attend.So we usually aim for 12 noon.

Day

You want to maximise attendance.Usually this will rule out Friday or a Monday in most workplaces. Think about what best suits the working pattern of the office, consider if you have an all staff meeting, ask for a Union spot or have it immediatley after the staff meeting. Make it regular, make it informative, make it fun.

VenueDepending on the number of people attending, you may need to consider booking a room, or it may be better just to have it in the lunchroom, this may allow others to listen in on whats going on!

How to advertise

PosterPut up a poster advertising the meeting and hand out a flyer to say that you are holding a workplace meeting. Under our delegates clause you are allowed to print off posters/leaflets, and you can organise a notice boards using the PSA clause 36

LeafletMaybe use a smaller scale of the poster or talk to your organiser about doing a flyer to advertise and then drop them around the workplace, get Organising and Publicity Department to help.

Email

We have enclosed an info campaign email for your colleagues, and an email to advertise a meeting.You can email staff as per the PS or GOSAC Award Clauses or similar. The delegates website also contains a list of members that you cover as a delegate.

Speak to people

You know your colleagues better than anyone, who will be supportive or interested in the Anti-Forced Redundancies Campaign. Explain that the meeting is about protecting their conditions. Fill in an attendance sheet, this lets us know who is attending.Your Organiser or L&D team may be able to help support you by undertaking a walk through your office.

On the day

Send a reminder email a couple of hours before the meeting.Prepare what you are going to say or you can use the Lunch and Learn powerpoint and notes.Think about some of the queries you have or may be asked and seek advise from the Union on how best to answer.Have people fill out the attendance sheet.Before the meeting starts – introduce yourself as the Union Delegate.If you don’t know the answer, so say, seek help and then follow up with advice to all people attending.Contact the Union with attendees and tell us how it went.

Organising a workplace meeting can be fun and build our Union, and yes it can be challenging too.

We have all thought about the best way to encourage our members to build our campaign against Forced Redundancies, and one of the best ways to do this is to get our members and non members together to have a chat about things and get their committment to participate.

So, here is a quick guide to organising a meeting.

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CPSU/CSA Delegate Kit

WORKFORCE REFORM:

The Terminator Act

Question Answer

What is the Terminator Act?

The Workplace Reform Act 2014, aka the Terminator Act, is legislation that gives the WA State Government the power to sack employees that are surplus to an agency's requirements or whose post, office or position has been abolished.

What is a Forced Redundancy?

Effectively it means that once you are redeployed and registered with the Public Sector Commissioner, you have 6 months to find a new position within the public sector or you will be made redundant

Why does the Government think this legislation is needed?

Colin Barnett let it slip in a meeting with the Union when he intimated that it would help get rid of underperformers!

We believe that it is purely an ideological stance and is motivated to reduce potential costs if the Government wishes to privatise Government functions by limiting redundancy payments.

What is our Union’s position?

Our Union does not agree the need for this legislation.Fundamentally - It is a political and economic decision based upon mismanagement of the economy and a blinkered and skewed political agenda • Remove the Legislation. • Focus on getting political parties to repeal this legislation or a commitment

of non use (as the South Australian Government current adopts) as part of their election commitments.

• Campaign to make the regulations less toxic and lessen the impact upon our members and your colleagues.

There must be a lot of redeployees?

There were less than 70 Public Servants on redeployment list out of a total workforce of over 138 000 employees when they first started introducing the Bill.

Who is involved in a Forced Redundancy?

Public Sector Commissioner (PSC) – Implements the Government policy and maintians their Registered list of redeployees.

Agencies – They manage change processes that decide on structure and positions. They hold an internal list of those redeployees that are registrable. They provide case management to their own staff who are internal redeployees or those that have been moved onto the external list with the PSC.

Union – We are holding agencies to account by making them produce business cases for redeployment, challenging their processes and making sure our members’ needs are supported. That’s why we need an active campaign and to get non members to understand the risks of not joining!

What are my agency’s obligations for those on redeployment?

Your agency must • Find the redeployee a similar position internally.• Advice and guidance about the redeployment process.• Provide meaningful work while you are on redeployment.• Liaise with the PSC.

Do agencies live up to their side of their bargain?

It is apparent that many agencies struggle with the case management and support of staff on redeployment. Our Union actively seeks to ensure that they abide by their obligations.

Non members of course are alone to try and resolve any issues themselves, unless they join our union.

What’s the difference between Registrable and Registered?

Registrable ( you are on an internal agency list) and Registered ( you have been registered on the PSC list)

Registrable – You are on your agencies internal redeployment classified as REGISTRABLE. Your employer looks to place you in a new position and until this happens, you are given meaningful work. Registrable status is indefinite.

Registered – At your agencies request, you are placed onto Public Sector Commission Redeployment list as being REGISTERED and a 6 month redundancy clock down starts.

FAQ for Forced Redundancies

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CPSU/CSA Delegate Kit

WORKFORCE REFORM:

The Terminator Act

Question AnswerCan my Department stop the process if I become a PSC Registered Redeployee?

No, once the agency have sought to move you onto the PSC Redeployment list as a REDEPLOYEE and it has been accepted by the PSC, there is no process to stop or suspend the 6 month countdown clock.

If I become a PSC Registered Redeployee, what happens at the end of the 6 months?

Yes, the agency can ask for the person to be swapped back to internal or registrable redeployee. This would mean they would stay on the agency internal registrable list.

Is there much difference between what the Union is advocating and what the PSC are implementing?

While our Union fundamentally rejects the need for Forced Redundancies, the current proposals by the Liberal Govt and the PSC are flawed and unfair and need to be challenged and changed.We are seeking to introduce a fairer consideration of the needs of staff going through this process by • Increasing timeframes.• Accessing the standard and fairer Voluntary Severance Package at

any stage.• Allowing Agencies more freedom in the process. • Ensuring dedicated and effective case management support.We have sent promotional information to all members highlighting the differences and will meet with the PSC to argue for our fairer and improved proposals for Public Service and Government Officers . This will not stop us from lobbying all political parties to remove or not use the legislation.

What can a delegate do to help?

Delegates will be the key to a successful outcome by:• Keeping up to date with information from the Union. • Talking to your members about these updates.• Talking to non members about joining so they can protect their jobs

and conditions.• Putting up Anti-Forced Redundancy publicity in the workplace.• Encouraging the members and non members to support any actions

organised to pressure the Government into not using this legislation.

What can a member do to help?

Members will be the key to a successful outcome by:• Keeping up to date with information from the Union. • Talking to your colleagues, family and friends about how things are

going.• Talking to non members about joining so they can make a difference

to their wages & conditions.• Putting up Anti-Forced Redundancy publicity in the workplace.• Supporting any actions organised to pressure the Government or

Agency into not using this legislation.• Thinking about becoming a delegate.

How can we get a non member to help?

Firstly, non members need to understand that they are just as much at risk as members. In fact, they are by themselves and cannot call upon the professional services of the Union to protect them!

Secondly, if they are not willing to join, they need to understand that their choice will impact them either in terms of increased workload, worse conditions or a forced redundancy

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FAQ for Forced Redundancies

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CPSU/CSA Delegate Kit

WORKFORCE REFORM:

The Terminator Act

Forced Redundancies Lunch & Learn - Presentation Notes

This guide has been put together to support workplace meetings or Lunch and Learns which are not supported by a CSA staff member. Please feel free to contact Gary Keenan, Learning and Development Coordinator on (08) 9323 3897 or 0400 424 043 to assist in prepping for the meetings.

Slide Description

CPSU/CSA          We  make  work  life  be4er.  

WELCOME    

Redeployment  &  Redundancy    L&L  

Oct  2015  •

Welcome to L&L about the Forced Redundancies, Redeployment that will affect us allThank you for coming and I am ......... delegate.I will be leading the briefing, so if I can’t answer any questions, I will get back to you after seeking answers to your questions from our Union.Please make sure you have signed in and enjoy the food.So please sit back, enjoy and maybe leave the questions till the end.

CPSU/CSA          We  make  work  life  be4er.  

Your  Lunch  &  Learn  is  proudly  hosted  by  the  CPSU/CSA.  Sponsored  by  CUA  Bank.  

Our L&L’s are sponsored by CUA Bank, who have worked in partnership with the Union over many years and they provide discounted services such as mortgages, loans and health cover to our members and families!End of plug and enjoy the food.

CPSU/CSA          We  make  work  life  be4er.  

What  is  Redeployment?      

1.  An  employee,  whose  office,  post  or  posiKon  has  been  abolished  or  who  is  surplus  to  the  agency’s  requirements,  and  cannot  be  transferred  within  an  agency.    

2.  Not  reKring,  being  terminated  due  to  misconduct  or  unsaKsfactory  performance,  dismissed  for  breaches  of  discipline,  expiry  of  term  employment,  or  a  casual  or  seasonal  employee  or  requests  for  a  career  change.    

3.  Approved  by  the  Deputy  Commissioner,  Agency  Support  Division,  PSC.    

Due to a structural change at work your position no longer exists and you are now surplus.This now means that the Agency needs to either find you a new position (i.e. Redeploy you) or under the Terminator Act commence a process to make you redundant (i.e. you lose your job!). The Public Sector Commission (PSC) is currently drafting the regulations, and instructions that supplement the Legislation. The information we are currently presenting to you today may be subject to change, so keep a lookout at the Union website and emails.

CPSU/CSA          We  make  work  life  be4er.  

Registrable  v  PSC  Registered  

Registrable   PSC  Registered  

•  Will  stay  on  the  your  Agencies  Registrable  list    

•  Access  to  training  and  support  

•  Given  meaningful  work  unKl  a  suitable  internal  vacancy  occurs  

•  Priority  in  finding  alternaKve  Public  Service  posiKon  

•  May  be  offered    a  Voluntary  Severance  Payment  (VSP)  

•  Have  opKon  to  move  on  PCS  Registered  list  

•  Access  to  training  and  support  

•  Given  meaningful  work  unKl  a  suitable  opKon  occurs  

•  6  months  to  find  alternaKve  employment  

•  At  end  of  the  6  months  ,  you    will  have  you  job  terminated  

•  Worst  redundancy  pay  period  in  Australia  (10  yrs  >  16  weeks)  

There are two parts to the process. Registrable and RegisteredRegistrable – If You are on your agency’s list of internal redeployment, you are classified as REGISTRABLE. Your employer looks to place you in a new position and until this happens, you may be given meaningful work. Registrable status is indefinite.Registered – At your agencies request, you are placed onto Public Sector Commission Redeployment list as being REGISTERED and a 6 month clock starts ticking. You will get support to find work, but at the end of the 6 months if you are still Registered you will be terminated. Your final pay will include your Leave entitlements. You qualify for the worst Redundancy payout of any state in Australia which is capped at a maximum of 16 weeks for 10 years or more years of service.

CPSU/CSA          We  make  work  life  be4er.  

Who  is  involved  in  Redeployment  and  Redundancy  

Redeployment  &    

Redundancy  

Public  Sector  Commission  

Employer  

You  WAIRC  

Your  Union  

Redundancy and Redeployment is covered by legislation that now flows from the Liberal Terminator Legislation. We are still awaiting for the confirmation of the regulations and once the Union sights these, we will be able to provide more information. We are assuming that the current policies and processes stay in place in the meantime.Redeployment is not a huge issue. There were less than 70 Public Servants on redeployment list out of a total workforce of over 138 000 employees when they first introduced the Bill. This mechanism is to allow the Govt to reduce the wage bill and privatise.Let’s look at the roles in a bit more detail

CPSU/CSA          We  make  work  life  be4er.  

Public  Sector  Commission  Role  

1.  Responsible  for  the  Government’s  redeployment  and  redundancy                      framework.    

2.  Monitor  redeployment  and  redundancy  acFvity  and  report  to  Government  as  required.    

3.  Approve  voluntary  severance  and  external  redeployment  registraFon  applicaFons.    

4.  Assist  in  the  management  of  their  registered  employees  through:    

•  providing  access  to  public  sector  job  vacancies      

•  provision  of  advice  and  assistance  on  redeployment  and  redundancy  ma4ers.    

5.      Provide  to  assist  workforce  reform  programs    

CPSU/CSA          We  make  work  life  be4er.  

Powers  of  the  Public  Sector  Commissioner    

1.  Direct  a  registered  employee  to  accept  an  offer  of  suitable  employment.    

2.   Direct  an  employing  authority  to  offer  a  registered  employee  employment  when  suitable  employment  has  been  idenKfied.    

3.  Approve  redeployment  registraKons,  voluntary  severance  and  the  filling  of  all  public  sector  vacancies.    

Key Points: Public Sector CommissionOverview and Implementation of the Liberal Terminator Act.They have the power to reject an Agency’s request to have you made a Registered employee.They assist the Government if they roll out a State-wide Voluntary Redundancy Package (VSP) or the Enhanced Voluntary Redundancy Package (EVSP).

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CPSU/CSA Delegate Kit

WORKFORCE REFORM:

The Terminator Act

Slide Description

CPSU/CSA          We  make  work  life  be4er.  

Responsibili=es  of  SSC’s/Employing  Authori=es    

1.  Inform  surplus  employees  of  their  opKons  and  ensure  that  internal  transfer  and  retraining  opKons  are  thoroughly  explored.    

2.  Discuss  registraKon  applicaKons  with  the  PSC  prior  to  submission  and  ensure  employee  meets  eligibility  requirements,  and  is  job  ready  .    

3.  Register  surplus  employee  expediently  for  redeployment  and  retraining  consideraKons.    

4.  Provide  meaningful  work,  maintain  salary/wage  and  general  support  to  employees  throughout  the  redeployment  process.    

5.  Employ  registered  employees  wherever  possible.    

6.  Provide  case  management  services  for  surplus  employees    

7.  Follow  Government  policy  with  respect  to  accepKng  registered  employees  from  other  Government  agencies.  

Key Points: Your EmployerThey provide the support services.Determine if you will be Registered with the Public Sector Commission.They can offer Voluntary Severance Packages of their own desire.

CPSU/CSA          We  make  work  life  be4er.  

Responsibili=es  of  Registered  Employees    

1.  Take  a  pro-­‐  acKve  role  in  career  development,  retraining  and  job  seeking.    

2. Work  co-­‐operaKvely  with  employing  authority  and  the  Agency  Support  Division  as  required.    

3.  Develop  compeKKve  resume  and  job  search  skills  and  prepare  and  research  for  job  interviews.    

4.  Present  posiKvely  and  professionally  at  interviews  and  accept  offers  of  suitable  work  placements.    

Key Points: YouWe would say that the obligations squarely sits with the Employer and the Public Sector Commissioner because the redeployment has come about because of their decisions.

CPSU/CSA          We  make  work  life  be4er.  

General  en=tlements  as  a                                                                    Registrable  or  Registered  Employee    

1.  Leave  to  a4end  employment  interviews,  with  the  cost  of  travel,  meals,  accommodaKon  and  incidental  expenses  to  be  met  by  the  employee’s  employing  authority.    

2.  Approved  career  transiKon,  support  and  counseling.    

3.  Retraining,  if  required,  in  accordance  with  the  RegulaKons.  Costs  to  be  met  by  the  employee’s  employing  authority  unless  other  arrangements  are  agreed  to.    

One of the most frequently raised concerns is the lack of support. Let our Unionlink team know about the lack of support or have your delegates raise this with management at the JCC or elsewhere.

CPSU/CSA          We  make  work  life  be4er.  

Op=ons  For  Surplus  Employees    

•  Transfer  (internal  or  external)  

•  Redeployment  

•  Retraining  

•  Leave  without  pay  to  explore  other  career  opKons  

•  Employment  in  the  private  sector  

•  Voluntary  severance  

•  SubsKtuted  voluntary  severance  

There are a range of options available, not all agencies offer all these options. Before you make any decision and if you are a Union member contact us for advice. You might also need to seek independent financial advice as well.Transfer – you transfer to another position of a suitable nature.Redeployment – you have to wait till another position becomes available.Retraining – your employer assists you to gain new skills for a new career, or to upskill you to undertake another job within your agency. This is an area that we receive calls about Employer inaction. The awards allow for tuition assistance.LWP – there might be secondary employment concerns, talk to us before you do anything about Leave without Pay.Employment in Private Sector – This is where your job is privatised or outsourced and the new Private Sector employer wants you be their employee. If you agree to this, you will get up to 12 weeks payment on top of your entitlements.Voluntary Severance Package (VSP) - Your employer offers you a chance to take a package. This may or may not be added to by the State Government to make it an EVSP i.e. additional weeks to the package to get you to leave quickly.Substituted Voluntary Severance – You are able to find someone who is willing to take a Redundancy and you can swap into their position. This is at your Department’s discretion.

CPSU/CSA          We  make  work  life  be4er.  

Defini=on  of  “Suitable  Office,  Post  or  Posi=on”    

1.  Similar  levels  of  responsibility  and  requirements  for  experience,  qualificaKons  and  competence.    

2.  Does  not  require  the  employee  to  relocate.    

3.  Rate  of  pay  as  close  as  possible  to  exisKng  rate  and  a  safety  net  whereby  it  is  not  less  than  80%  and  not  more  than  110%  of  the  maximum  pay.    

If you are registrable or registered and are offered another position within your agency or the public sector, there are limitations on what the employer can offer you. It must be deemed to be suitabl. If you are uncomfortable with what is being offered, as a Union member, contact Unionlink IMMEDIATELY. Our Union can give you advice and assistance through any dispute.If you refuse a post or position offered by your employer that it has deemed suitable, it can lead to dismissal.Yes, they can redeploy you into a position of lesser pay. You will maintain your current salary level for only 6 months before dropping to the new pay scale. To be suitable, the position must be within 80 to 120% of your existing Level.

Page 2

Forced Redundancies Lunch & Learn - Presentation Notes

Page 11: Delegates' Kit: The Terminator Act

CPSU/CSA Delegate Kit

WORKFORCE REFORM:

The Terminator Act

Slide Description

CPSU/CSA          We  make  work  life  be4er.  

Specific  en=tlements  upon  accep=ng  redeployment    

within  the  Public  Sector    

1.  Transfer  of  all  unused  accrued  and  pro-­‐  rata  annual  leave,  sick  leave  and  long  service  leave  to  the  new  employer      

 -­‐Treasury  InstrucKon  520  provides  for  the  inter-­‐department    financial    arrangements  that  apply  to  the  transfer  of  leave    enKtlement.    

2.  All  reasonable  relocaKon  expenses.    

3.  6  months  salary  maintenance  if  posiKon  has  a  lower  rate  of  pay  

You maintain your entitlements but your salary may alter the 6 month maintenance period.Get agreement about relocation expenses in writing! The union have seen major disputes over expenses before between Agencies and members.

CPSU/CSA          We  make  work  life  be4er.  

Specific  en=tlements  on  accep=ng  a  suitable  Private  Sector  Office,  Post  or  Posi=on  

1.  Cash  in  lieu  of  all  unused  accrued  and  pro-­‐  rata  annual  leave  and  long  service  leave.    

2.  A  transiKon  payment  (under  RegulaKon  9  (1)(b))  to  an  employee  who  accepts  an  offer  of  employment  in  the  private  sector  as  a  consequence  of  contracKng  out  funcKons.  EnKtlement  as  determined  by  the  Public  Sector  Commissioner  which  is  not  less  than  4  weeks’  pay  and  not  more  than  12  weeks’  pay.  

As discussed previously, this is not because you find a suitable job outside of the Public Service while being either Registrable or Registered! ClarifyYour position is abolished because it has been privatised or outsourced and the new private sector employer wants you to work for them. This is your choice.You get all your entitlements and up to 12 weeks payment to go across to the new private employer

CPSU/CSA          We  make  work  life  be4er.  

Voluntary  Severance  Packages    

1.  3  weeks’  pay  for  each  year  of  conKnuous  service,  not  exceeding  52  weeks’  pay.  Employees  who  have  completed  more  than  1  but  less  than  2  years  of  conKnuous  service  are  enKtled  to  a  severance  payment  equal  to  4  weeks’  pay.    

2.  Pay  is  the  rate  applicable  to  the  substanKve  classificaKon,  plus  any  allowances  for  undertaking  higher  duty  allowance  or  an  allowance  for  temporarily  undertaking  duKes  other  than  those  of  the  substanKve  posiKon  on  a  conKnuous  basis  in  the  preceding  12  months.    

3.  Cash  in  lieu  of  all  unused  accrued  and  pro-­‐  rata  annual  leave  and  long  service  leave.    

4.  An  “in  lieu  of  noKce  redundancy  payment”  (RegulaKon  4A)  is  payable  to  the  employee  in  situaKons  where  the  employer  does  not  give  the  required  12  weeks’  wri4en  noKce  of  the  employee’s  posiKon  being  abolished  and  becoming  surplus  to  requirements.    

The current VRP, it may or may not be enhanced by the Government to an EVRP.Departments have the ability to offer a Voluntary Severance Package (VSP) if a position has been abolished. Last year, the Government added 8 weeks to create an Enhanced Voluntary Severance Package (EVSP), this is to act as an incentive to remove employees from the payroll quickly.Your Department will provide you with a letter containing the total package amount and what the calculations are based upon. Unionlink can help you understand the numbers but you will need to access independent financial advice re super and tax implications. The union can not give financial or tax advice.Before you think that the VSP or EVSP payments are generous, the Govt recoups this money within 2 years, and the functions that people carried out tend to be spread amongst those left behind, and they place limitations on people re-entering the Public Service. Also some agencies are not permitted to offer VSP or EVSP to their staff.

CPSU/CSA          We  make  work  life  be4er.  

Surviving  the  Process  

Going through a process of change can be difficult for you, your colleagues, family and friends, so here is a quick overview of some of the common impacts and effect you may notice

CPSU/CSA          We  make  work  life  be4er.  

Overview  of  Response  to  Change  

QU

ALIT

Y    

OF  

WO

RK  

MO

TIVA

TIO

N  

TIME  

EMOTIO

N  

INTERFEREN

CE  

FATIGUE  

This graphic is a representation of the effects of change and indicators of effect relating to work functions.Time / Quality of Work / Motivation: it takes longer to do things due to confusion, people unsure why they should do things when the job role will be stopping.Emotion: Any change process leads to emotions being displayed or felt. It has to be remembered that people can spend more time at work that they do at home interacting with family! This loss can lead to behavioural, physical or emotional issues caused by leaving the workplace and friends.Interference: No clear direction, unclear reporting lines, miscommunication or people playing games over proposed new roles or jobs usually leads to increasing interference by others.Fatigue: The uncertainty of the change process and the stress involved creates a new level of either organisational or employee weariness. This can lead to increased issues of health and wellbeing amongst the workforce.As a Union we are here to help and the advice and support from Unionlink. Or you can access your Employee Assistance Program.

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Forced Redundancies Lunch & Learn - Presentation Notes

Page 12: Delegates' Kit: The Terminator Act

CPSU/CSA Delegate Kit

WORKFORCE REFORM:

The Terminator Act

Slide Description

CPSU/CSA          We  make  work  life  be4er.  

This is an example of change models that was developed to highlight the effect of change on people when they go through a life event. This is based upon work by a Swiss American Doctor called Elisabeth Kubler Ross and the “Grief Cycle.”It may give a better understanding of the emotions and effects on your colleagues - REMEMBER this is a generic model.

CPSU/CSA          We  make  work  life  be4er.  

The  Process  of  Transi=on  

This is work by an academic called John Fisher and he worked on change models as well and we have a handout on his work.Again this is for your information.

CPSU/CSA          We  make  work  life  be4er.  

How  to  help  yourself  and  others  

Work   Home  •  Be  aware  

•  Don’t  hide  how  you  feel  

•  Support  your  colleagues  

•  Hold  your  employer  accountable  to  their  decisions  

•  Support  your  Colleagues  

•  Don’t  take  it  home  

•  RelaxaKon  techniques  

•  Exercise  for  body  and  mind  

•  Eat,  Sleep  and  be  Merry  

Just a few pointers about how you can look after yourself and others.Hopefully your agency will provide access to both internal and external assistance to those going through Redeployment and Redundancy process. If not please let your delegates and the Union know and we can raise this with your employer.

CPSU/CSA          We  make  work  life  be4er.  

“No  cuts,  proposed  or  planned,  for  staffing  within  the  public  sector  –  

none  at  all”      

Colin  Barne+,  Premier  Western  Australia  Sept  2012  

We have talked about the process and the effects but what we need to address the question of why this is happening and what we can all do to get the Govt to pause and rethink this legislation and regulations.Fundamentally - It is a political and economic decision based upon mismanagement of the economy and a blinkered and skewed political agenda. Our Union does not agree the need for this legislation.Together we have fought a delaying action assisted by the ALP and Greens. This has been achieved by you holding the Premier to his quote before an election not his actions afterwards!We believe that amending the legislation is to assist privatisation, cost cutting and outsourcing.

CPSU/CSA          We  make  work  life  be4er.  

What  we  believe  

•  Being  registered  as  a  redeployee  with  the  Public  Sector  strictly  as  last  resort  

•  Forensic  analysis  of  the  business  case  when  a  posiKon  is  being  highlighted  for  abolishment  to  determine  impacts  on  the  community  

•  Where  a  posiKon  is  being  abolished,  to  ensure  dignity  and  respect  throughout  the  redeployment  process  

•  To  ensure  that  any  posiKon  the  member  is  placed  in,  is  a  job  that  has  meaningful  work,  and  where  possible  a  like  for  like  transfer  will  occur  

•  Where  a  like  for  like  transfer  is  not  possible,  that  you  are  trained  appropriately  for  other  vacant  posiKons  within  your  agency  

•  That  the  agency  of  your  employment  will  do  everything  in  its  power  to  find  you  employment  internally  

So we have a two-pronged approach:1. Remove the Legislation. Focus on getting political parties to repeal this legislation or

a commitment of non use (as the South Australian Government current adopts) as part of their election commitments.

2. Campaign to make the regulations less toxic and to lessen the impact upon our members and your colleagues.

CPSU/CSA          We  make  work  life  be4er.  

Govt    V  CPSU  Viewpoint  :  Registrable    

Government  PosiXon   Our  View  

The  Agency  has  a  discreKonary    opKon  and  it  MAY  offer  the  registrable  employee  

a  Voluntary  Severance  package  Should  always  be  offered  

The  PSC  document  is  unclear  and  it  be  as  li4le  as  4  weeks  

The  registrable  employee  should  have  a  minimum  8  weeks  to  make  a  decision  on  

taking  the  VSP  

No  limit  to  the  Kme  being  an  internal  Redeployee  or  Registrable  

No  limit  to  the  Kme  being  an  internal  Redeployee  or  Registrable  

CPSU/CSA          We  make  work  life  be4er.  

Govt    V  CPSU  Viewpoint  :  Redeployment    

Government  PosiXon   Our  View  6  month  redeployment   Minimum  of  12  months  redeployment  

Will  be  terminate  at  the  end  of  the  6  months  Agency  or  Department  has  discreKon  not  to  terminate  due  to  employee  circumstance  or  

potenKal  employment  internally  

WAIRC  cannot  restore  employment  once  registered  and  terminated  

WAIRC  should  be  able  to  review  and  intervene  in  all  part  of  the  process  

Maximum  payment  is  16  weeks  aker  10  years  or  more  of  service  

The  Voluntary  Severance  Payments  maybe  accessed  by  the  employee  during  or  on  

compleKon  12  months  redeployment  period    

Suspension  of  the  12  months  period    provisions  due  to  secondment,  Workers  Comp  etc  

PSC  will  acKvely  enforce  that  Agencies  and  Dept  comply  with  training  and  case  

management  

CPSU/CSA          We  make  work  life  be4er.  

Your  Union  Team  suppor=ng  you  

Team   What  we  do  to  help  

Delegates  and  Members   Your  voice  in  the  workplace  

Organising   Helping  members  and  delegates  coordinate  the  Union  responses  

Unionlink     Handle  day  to  day  quesKons  and  queries  from  members  in  police  

Industrial  Services  Group   Our  advocates  who  will  support  any  work  in  the  Industrial  Commission  or  Workers  Comp  

Learning  and  Development   Helping  you  understand  the  process  and  offering  training  courses  

Publicity   Keeping  you  up  to  date  and  the  community  aware  of  the  consequences  cuts  to  the  Public  Service  

Our Union’s proposals that have been sent to the Public Sector Commissioner for his consideration,and have included: 1. That the process is employee focused.2. That access to the VRP is available at all times irrespective of whether the employee

is Registrable or Registered. 3. That all timeframes be increased.4. That the Redundancy timeframe can be suspended or revoked.

Page 4

Forced Redundancies Lunch & Learn - Presentation Notes

Page 13: Delegates' Kit: The Terminator Act

CPSU/CSA Delegate Kit

WORKFORCE REFORM:

The Terminator Act

Forced Redundancies Lunch & Learn - Presentation Notes

Slide Description

CPSU/CSA          We  make  work  life  be4er.  

What  you  can  do  to  help  you!  

•  Keep  in  touch  about  what’s  happening  

•  Join  your  Union  

•  Invite  a  non  member  to  join  

•  Think  about  becoming  a  Delegate  

•  Email  the  Premier  

•  Help  us  campaign  against  Public  Sector  cuts  

We need your help not only to keep your Agency accountable but also the Government. Please get involved as a member or a delegate, keep in touch.

CPSU/CSA          We  make  work  life  be4er.  

Just as we run into the finish a wee bit about our Union, maybe there is no such thing as a free lunch after all!

CPSU/CSA          We  make  work  life  be4er.  

Who  we  are  

The  Community  and  Public  Sector  Union,  Civil  Service  AssociaKon  (CPSU/CSA)  was  established  in  1901.  

It  is  an  acKve  and  progressive  union  commi4ed  to  promoKng  a  modern,  efficient  and  responsive  State  Public  Sector  that  delivers  quality  services  and  quality  employment.  

We  cover  over  40,000  workers  in  over  120  State  Government  Departments  and  Agencies  and  private  companies  and  over  640  different  occupaKonal  groups,  in  both  metropolitan  and  regional  and  remote  areas.  

CPSU/CSA  Members  have  an  inKmate  knowledge  and  understanding  of  all  facets  of  the  WA  Public  Sector  and  are  commi4ed  to  ensuring  that  it  is  a  quality,  efficient,  sustainable  public  sector  that  meets  the  needs  of  the  Western  Australian  community.  

We are one of the oldest unions in WA and have a proud history of being run by members for members in the public service.We strive to represent our members needs and wants to their employers and the wider WA community.

CPSU/CSA          We  make  work  life  be4er.  

What  are  we  all  trying  to  achieve?  

ü   Be4er  CondiKons  and  Wages      

ü   ProtecKon  of  current  condiKons  

ü   Frameworks  in  place  to  build  a  be4er  planorm  in  future  agreements  

ü   Enhance  formal  relaKonships  between  our  Union  and  Government  

ü   Making  the  WA  Public  Service  an  “Employer  of  Choice!”  

We work to make our members work life better and we try and work with our members to achieve outcomes that we know will make WA better, safer and fairer and hope that if you are not a member, you will consider joining.

CPSU/CSA          We  make  work  life  be4er.  

Just  what  have  Unions  done  for  us?  

Paid  annual  leave  

SuperannuaKon  

Public  Holidays  

Sick  Leave  

Workers  CompensaKon  

ReclassificaKons  provisions  

Minimum  Terms  and  CondiKons  

Long  Service  Leave  

Workload  provisions  

OccupaKonal  Health  and  Safety  

Equal  OpportuniKes  

Maternity  Leave                                                  And  many,  many  more        Apologies to the Monty Python Team

Just a few of the things that we have all worked to achieve and now need to protect.

CPSU/CSA          We  make  work  life  be4er.  

As a Union member, you not only get the benefits of professional advice and support but your membership helps us gain access to discounted services for our members.

CPSU/CSA          We  make  work  life  be4er.  

How  to  contact  us  

UnionLink  -­‐              (08)  9323  3888  or              

1300  733  800    

Or  via  recepKon  -­‐      

(08)  9323  3800  

Email  UnionLink  -­‐      

[email protected]  

Web  www.cpsucsa.org  

This is the contact details for the Union and Unionlink, the union staff that provide support and advice for members.

CPSU/CSA          We  make  work  life  be4er.  

Discuss, acknowledge concerns, acknowledge this is not an exact science but we have tried not to be too judgemental; reiterate we are after a public services Friendly Government If you can’t answer call L&D on 08 9323 3897 or Gary Keenan on 0400 424 043

Room Set Up• Book the room, get there early to set up, check

everything works• If ordering food, do this in conjunction with CSA L&D

section. Get authorisation to host and make sure we have invoices or a good caterer.

• Have you rehearsed the presentation and marked out what you want to say and when you will say it.

• You have 35-45mins max to deliver the session

• Have you got enough Handouts?• Do you have flyers? Make sure you have read the flyer• Have the union contact details at end?• Have you got a copy of the presentation and check

that it is accessible for viewing• Look at the layout of the room• Can everyone see the screen?• Do you have to move furniture?

Page 5

Page 14: Delegates' Kit: The Terminator Act

CPSU/CSA Delegate Kit

WORKFORCE REFORM:

The Terminator Act

FEEDBACK FORM for workplace meetings and conversations

Please record here the people you have spoken to, either in person or at a planned meeting and fax back to us on: (08) 9323 3878 ATT: DSC Campaign Team

Name Member Y/N Email Address Mobile Number Commit Y/N

Delegate:

Worksite: Date:

HOW DID THE MEETING GO?

FEEDBACK FORM for workplace meetings and conversations

Please record here the people you have spoken to, either in person or at a planned meeting and fax back to us on: (08) 9323 3878 ATT: DSC Campaign Team

Name Member Y/N Email Address Mobile Number Commit Y/N

Delegate:

Worksite: Date:

HOW DID THE MEETING GO?

FEEDBACK FORM for workplace meetings and conversations

Please record here the people you have spoken to, either in person or at a planned meeting and fax back to us on: (08) 9323 3878 ATT: DSC Campaign Team

Name Member Y/N Email Address Mobile Number Commit Y/N

Delegate:

Worksite: Date:

HOW DID THE MEETING GO?

FEEDBACK FORM for workplace meetings and conversations

Please record here the people you have spoken to, either in person or at a planned meeting and fax back to us on: (08) 9323 3878 ATT: DSC Campaign Team

Name Member Y/N Email Address Mobile Number Commit Y/N

Delegate:

Worksite: Date:

HOW DID THE MEETING GO?

Return your completed form in person (to our offices or your Organiser), scan and email to [email protected] or fax to 9323 3878

Page 15: Delegates' Kit: The Terminator Act

CPSU/CSA Delegate Kit

WORKFORCE REFORM:

The Terminator Act

Email/Notice for Staff about a meeting

Subject: Respect-Choice – Rights Union Meeting Dear Members,

We are holding a meeting for all Union members to discuss the privatisation of group homes. We think there needs to be minimum standards for when a home is privatised to protect the human rights of individuals and staff. DSC is not listening and now CPSU/CSA Delegates have put in place work bans on documentation tasks across all Group Homes.

We need to have a meeting to discuss this and make plans to support the action. Please come along and have your say.

The details are:

Time:

Date:

Place:

I look forward to seeing you at the meeting. If you have any questions in the meantime, please let me know.

Regards

[Delegate Name]

Email/Notice for Staff about a meeting

Subject: Respect-Choice – Rights Union Meeting Dear Members,

We are holding a meeting for all Union members to discuss the privatisation of group homes. We think there needs to be minimum standards for when a home is privatised to protect the human rights of individuals and staff. DSC is not listening and now CPSU/CSA Delegates have put in place work bans on documentation tasks across all Group Homes.

We need to have a meeting to discuss this and make plans to support the action. Please come along and have your say.

The details are:

Time:

Date:

Place:

I look forward to seeing you at the meeting. If you have any questions in the meantime, please let me know.

Regards

[Delegate Name]

Terminator Act MeetingDear Members,

We are holding a meeting for all Union members to discuss the Workforce Reform Act.

Did you know that this Act constitutes the worst forced redundancy scheme of any state in Australia and if you become a Registered Redeployee you will be terminated after 6 months?

If not, please join us at our this special workplace meeting to find out the latest news, how these issues can affect your employment conditions and what we can do together to try and change this unfair policy.

Details below, we hope to see you there.

Regards,

[Insert your name and details]