United magazine Summer 2018
The official journal of the United Services Union.
The official journal of the United Services Union.
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<strong>United</strong><br />
Official journal of the Services Union • <strong>Summer</strong> <strong>2018</strong><br />
inside<br />
CONFERENCE <strong>2018</strong><br />
DELEGATE OF THE<br />
YEAR<br />
SHARE THE DIGNITY<br />
DOMESTIC<br />
VIOLENCE LEAVE<br />
AND MORE!
<strong>United</strong> is the official journal of the <strong>United</strong> Services Union<br />
Editor USU General Secretary Graeme Kelly.<br />
Print Post: 100007536<br />
To contribute to <strong>United</strong> please contact A/g USU Manager<br />
Administration Bonny Huang on (02) 9265 8211.<br />
EXECUTIVE<br />
President: Stephen Birney<br />
Vice President: Glen McAtear<br />
General Secretary: Graeme Kelly<br />
Treasurer: Sharon Sewell<br />
Shane Clapham, Ross Crawford, Tony Dean, Larry<br />
Freeman, Katie Gillen, Stephen Mulholland, James O’Malley<br />
Annamaria Saglimbeni, Edward Saulig, Brendan Scott,<br />
Katerina Tahija, Thao Tran, David Walsh, Jeff Wearing, Chris<br />
Wellington, Russell Woods<br />
TEAMWORK PAYS<br />
HEAD OFFICE<br />
Level 7, 321 Pitt St, Sydney, 2000<br />
Phone: 1300 136 604 • Fax: (02) 9261 2265<br />
Support Team: 1300 136 604<br />
Email: united@usu.org.au • Website: www.usu.org.au<br />
OFFICIALS<br />
Manager Administration and Finance: Monica Clavijo<br />
Manager Metropolitan: Steve Donley<br />
Manager Energy, Utilities & Private Sector: Peter Campise<br />
Training Officer: Narelle Rich<br />
Legal Special Projects Officer (Metro): Daniel Papps<br />
Legal Special Projects Officer (Metro): Sean Szabo<br />
Metro Organisers: Joel Conomos, Colin Drane, Sue Kealy,<br />
Sandie Morthen, Irene Nair, Shane Pinter, Bill O’Kell, Zoe<br />
O’Rourke<br />
Energy, Utilities, Private Sector & Airlines: Emily Callachor,<br />
Troy Dunne, Josh Paterson, Clare Raffan<br />
Support Team: Karen Avery, Jenny Chen, Melissa Coros<br />
Thomas Russell, Jeny Skutnik<br />
REGIONAL OFFICES<br />
Northern Branch<br />
Newcastle Office:<br />
cnr Lawson & Tudor Streets Hamilton 2303<br />
Ph: (02) 4962 1444 • Fax: (02) 4962 1758<br />
Manager North: Stephen Hughes<br />
Organisers: Brian Cameron, Luke Hutchinson, Melissa Pond<br />
(Private Sector), Paul Sansom (Private Sector)<br />
Industrial Officer: Noel Martin<br />
Port Macquarie Office:<br />
1/157 Gordon Street<br />
Port Macquarie 2444<br />
Ph: (02) 6584 7787<br />
Fax: (02) 6584 6924<br />
Organiser: Damien Welsh<br />
New England Office:<br />
Shop 3, Girraween Centre<br />
4-12 Queen Elizabeth Drive<br />
Armidale 2350<br />
Ph: (02) 6771 4911<br />
Fax: (02) 6771 4911<br />
Organiser: Chris Preston<br />
Southern Branch<br />
Wollongong Office:<br />
Suites 1-3 100 Market Street Wollongong 2500<br />
Ph: (02) 4226 4784 • Fax: (02) 4227 6951<br />
Manager South: Gary Vann<br />
Organisers: Rudi Oppitz (Private Sector)<br />
Steven Vann, Stuart Geddes<br />
Industrial Officer: Greg Golledge<br />
Central West Office:<br />
Shop 11-12<br />
142 William Street<br />
Bathurst 2795<br />
Ph: (02) 6334 4825<br />
Fax: (02) 6331 2834<br />
Organiser: Shane Reece<br />
Murray Office:<br />
Unit 7, 54-56 Fitzmaurice St<br />
Wagga Wagga 2650<br />
Ph: (02) 69317990<br />
Fax: (02) 6931 7271<br />
Organiser: Darren Wait,<br />
Jed Lawton<br />
NATIONAL<br />
Assistant National Secretary:<br />
Robert Potter<br />
Northern Office:<br />
Shop 2, Mid City Arcade<br />
57 Prince Street<br />
Grafton<br />
Ph: (02) 6643 5299<br />
Fax: (02) 6643 2799<br />
Organiser: Wayne Orton<br />
North Western Office:<br />
PO Box 1811<br />
2/46 Church Street<br />
Dubbo 2830<br />
Ph: (02) 6881 6766<br />
Fax: (02) 6881 6816<br />
Organiser: Jamie McKinnon<br />
Riverina Office:<br />
Suite 8<br />
165 Lachlan Street<br />
Hay 2711<br />
Ph: (02) 6993 1419<br />
Fax: (02) 6993 1419<br />
Organiser: Brian Harrington<br />
ACT Office:<br />
3/289 Canberra Avenue<br />
FYSHWICK, ACT 2609<br />
Organiser: Poni Ravula<br />
We have just had a very successful<br />
Conference with the added bonus<br />
that it was held in my hometown<br />
Tweed Heads.<br />
Members may have read that it was<br />
my last Conference as President as<br />
I plan to retire in 2019 and finally<br />
spend some time with my family!<br />
However, they are not the plans<br />
that occupy my thoughts ... yet!<br />
My focus is on the job that is still at<br />
hand. Fighting for and winning @<br />
work.<br />
There is only one way for us to<br />
guarantee a brighter, fairer future<br />
and that is to work together. We are<br />
STRONGER TOGETHER!<br />
We need our union to continue<br />
to grow in numbers so we can<br />
continue to grow in strength. By<br />
On behalf of the USU<br />
Executive and staff<br />
USU President Stephen<br />
Birney and General<br />
Secretary Graeme Kelly<br />
wish all members and<br />
their families a safe and<br />
happy Christmas and a<br />
successful 2019.<br />
A GREAT TEAM. President<br />
Stephen Birney (right) with Vice<br />
President Glen McAtear, General<br />
Secretary Graeme Kelly and<br />
Treasurer Sharon Sewell.<br />
being a united team we will grow.<br />
So take a look around you. Are<br />
there colleagues who could join<br />
our union? Who knows, maybe no<br />
one has ever asked them. Or they<br />
just have not given it much thought.<br />
Why not ask, let them know the<br />
benefits of belonging.<br />
One of the bravest things I have<br />
seen is the call from Rachel Fuller,<br />
widow of David “Big Dog” Fuller, for<br />
workers to join their union. Please<br />
take a few minutes to read Rachel’s<br />
story on page 12 and read her<br />
remarkable message of solidarity.<br />
Steve Birney<br />
USU President<br />
2 • <strong>United</strong> <strong>Summer</strong> <strong>2018</strong>
UNION PROUD USU STRONG<br />
If you are anything like me you<br />
are probably wondering where<br />
<strong>2018</strong> went. One moment the<br />
year is beginning and the next<br />
we are planning our New Year’s<br />
resolutions.<br />
December is a time for looking back<br />
over the year but more importantly<br />
it is a time for looking forward.<br />
That is exactly what we do every<br />
day as union officials. We look back<br />
with pride on a movement that has<br />
delivered for workers for over 100<br />
years, but our priority is focusing<br />
on the future.<br />
Our Conference is an opportunity<br />
for our Branch delegates to plan<br />
our direction for the future. From<br />
the workers of today and how to<br />
achieve a fair go right now, to the<br />
workers of tomorrow and how we<br />
can ensure a better world.<br />
This is what the Change the Rules<br />
campaign is about. The rules for<br />
working Australians in this country<br />
are broken and the people who can<br />
- and will - fix them, is us.<br />
You might ask how? What<br />
difference can I make? Alone<br />
- perhaps very little, but together<br />
we are all powerful.<br />
This edition of <strong>United</strong> is full of<br />
your achievements, starting on<br />
page 4 with a great win for Upper<br />
Lachlan Shire Council members<br />
who stood up and said NO to unfair<br />
restructuring that would cost jobs.<br />
We have wins on Domestic Violence<br />
Leave with the City of Newcastle<br />
coming on board. We see strength<br />
building at workplaces like HCF. We<br />
are seeing re-building in the Energy<br />
Industry.<br />
We see our fantastic delegate<br />
network @ work, delivering in<br />
places like Wellington, Byron Shire<br />
Council and Lake Macquarie.<br />
These are just some of the victories<br />
we have achieved together in <strong>2018</strong>.<br />
This journal also showcases our<br />
Award winning delegates, with<br />
special mention to our Delegate of<br />
the Year Coby Rooimans, our great<br />
apprentice and mentor of the year,<br />
Jack Moy and Stephen Stanton, as<br />
well as outlining some of the terrific<br />
benefits of belonging to our great<br />
union.<br />
Our delegates are our strength.<br />
Graeme Kelly and Stephen Birney<br />
with delegates at Conference.<br />
Lastly - and far from least - in<br />
this edition we also celebrate our<br />
contributions to the community<br />
we live in. In August we once again<br />
took part in the Winter Sleepout<br />
raising over $16,000 for Youth Off<br />
the Streets and just this week we<br />
wrapped up the Share the Dignity<br />
“It’s in the bag” campaign collecting<br />
over 1,100 bags to assist women<br />
who are homeless or victims of<br />
domestic violence have some<br />
dignity this Christmas.<br />
The campaign was co-ordinated by<br />
our fantastic Women’s Committee<br />
and the response by our members<br />
- both female and male, both metro<br />
and regional was nothing short of<br />
amazing.<br />
It makes me enormously proud<br />
to wrap up the year with such a<br />
success and I thank every member<br />
who took part in making this<br />
campaign such an overwhelming<br />
success.<br />
IN UNION<br />
Graeme Kelly<br />
USU General Secretary<br />
<strong>United</strong> <strong>Summer</strong> <strong>2018</strong> • 3
TAKING ACTION ON<br />
JOBS & CONDITIONS<br />
UNITED: Upper Lachlan Shire Council<br />
members called a stop work meeting<br />
over the ongoing restructure.<br />
In June <strong>2018</strong> Council began a<br />
process of restructuring the Works<br />
Division.<br />
Union officials had been back and<br />
forth with management seeking<br />
details of the proposal with<br />
little avail. Then in September<br />
management released a full proposal<br />
as Stage 1 which included a number<br />
of what the union believed to be<br />
non-genuine redundancies, reduction<br />
in wages of positions, and a lack of<br />
clarity on the evaluation process.<br />
There was also concern that several<br />
of these changes could affect the<br />
Council’s RMS contracts which could<br />
in turn affect up to 20 jobs.<br />
While Council put forward the<br />
option of allowing incumbents to<br />
retain their wages the restructure<br />
still meant an overall reduction in<br />
conditions. USU officials met with<br />
management however were unable<br />
to resolve the dispute and were<br />
forced to file the matter in the NSW<br />
Industrial Relation Commission.<br />
Through the Commission the Union<br />
gained a reprieve however we<br />
continued to try to negotiate with<br />
management over their evaluation<br />
process and the reduction in<br />
conditions.<br />
The day was a great<br />
show of solidarity<br />
with 110 employees<br />
of a council of 140<br />
taking action.<br />
The dispute came to a head<br />
on the 1st of November when<br />
USU members voted to call<br />
a stop work meeting out the<br />
front of the Council Chambers<br />
while representatives met with<br />
management. Through this action<br />
and negotiation, management<br />
moved their position and agreed to<br />
work with the union and implement<br />
the industry standard evaluation<br />
process protecting our members’<br />
conditions.<br />
The day was a great show of<br />
solidarity with 110 employees of<br />
a council of 140 taking action to<br />
protect their colleagues’ jobs.<br />
The USU continues to negotiate<br />
with management in good faith<br />
with the outlook of gaining a fair<br />
and equitable outcome for our<br />
membership. This could have not<br />
been achieved were it not for the<br />
actions taken by our members.<br />
USU READY<br />
TO CHANGE<br />
THE RULES<br />
Hundreds of thousands of workers<br />
across Australia marched in support<br />
of the Change the Rules campaign. As<br />
Sally McManus told the 150,000 strong<br />
crowd in Melbourne: “Our standard of<br />
living is going backwards – that should<br />
not be happening.”<br />
As far as the eye can see - the Hunter<br />
march drew big crowds.<br />
4 • <strong>United</strong> <strong>Summer</strong> <strong>2018</strong>
The USU was out in strength at the<br />
Sydney march held on 23 October.<br />
USU Conference delegates with ACTU Secretary McManus: “I am in front<br />
of workers all the time, and they are our people. You are getting constant<br />
feedback and it’s real feedback. They’re the only people I listen to and it gives<br />
me energy every day.”<br />
The biggest protest in Wollongong for<br />
decades. Steve Vann (second from right)<br />
addressed the rally.<br />
The USU was out in strength at the Sydney march held on 23 October.<br />
<strong>United</strong> <strong>Summer</strong> <strong>2018</strong> • 5
USU WOMEN’S<br />
COMMITTEE<br />
USU SH<br />
This year the USU Women’s<br />
Committee decided to run an annual<br />
charity campaign to raise awareness<br />
of the committee within the broader<br />
Union membership.<br />
The <strong>2018</strong> campaign focused on collecting<br />
hand bags filled with essentials for Share<br />
the Dignity’s IT’S IN THE BAG campaign.<br />
The success of this campaign has been<br />
overwhelming and proves what big<br />
hearts USU members have.<br />
USU WOMEN’S COMMITTEE:<br />
It’s time to Change the Rules!<br />
The USU Women’s Committee meets three times a year and organises a<br />
bi-annual conference. This year the committee has spent a substantial<br />
amount of time working on strategic direction and a clear vision for the<br />
committee.<br />
2019 meetings of the committee will be scheduled for March, July and<br />
December 2019 with exact dates to be announced early January.<br />
The committee also has a very active Facebook group where members<br />
can provide information and support to each other. If you would like to<br />
join this group please search Facebook for USU Women and request to<br />
join. You will be asked three questions to confirm that you are a USU<br />
member. The group is a safe and respectful place to share ideas and<br />
concerns.<br />
If you would like to know more about the Women’s Committee please<br />
contact Sandie Morthen on 0419 761 326 or at smorthen@usu.org.au<br />
101 USU WMEN<br />
Another initiative of the USU Women’s Committee is compiling the<br />
stories of fellow USU Women in a book. The committee is asking<br />
interested women to fill out a survey which can be found here:<br />
https://www.surveymonkey.com/r/101-usu-women<br />
The committee will use the responses to draft up a one page biography<br />
which will then be sent back to the member to approve. Members who<br />
are selected to be in the book will be asked to provide a photo for the<br />
publication.<br />
We all know female unionists who inspire us and this is a great way to<br />
share their stories.<br />
Members from Councils and<br />
other workplaces across the state<br />
participated. The committee has<br />
collected over 1,100 bags which will<br />
ultimately be distributed to women<br />
and children who are homeless and/or<br />
fleeing domestic violence.<br />
The bags contain items as diverse<br />
as sanitary products, make up,<br />
toothbrushes, gift cards and snacks.<br />
Bags have also been collected for<br />
teenage girls and the committee has<br />
identified these bags with yellow ribbons.<br />
Bags have been collected at a broad<br />
range of regional and metropolitan<br />
worksites including councils, electricity<br />
providers and private sector clerical<br />
sites. The Committee has been moved by<br />
the great support from members, families<br />
and local communities. This activity<br />
has reminded committee members<br />
that Unions play a far bigger role in our<br />
community than just in our workplaces.<br />
Unions have the power to make lives<br />
better on so many levels and it has been<br />
great to be able to demonstrate whilst<br />
helping a group of people who could use<br />
a little joy in their lives.<br />
The USU wants to say a big thank<br />
you to all our members who assisted<br />
and in particular the members of<br />
the committee for driving this great<br />
initiative.<br />
6 • <strong>United</strong> <strong>Summer</strong> <strong>2018</strong>
ARES THE DIGNITY<br />
AMAZING: Sydney metro staff after sorting hundreds of bags<br />
As we head<br />
to print 1,100<br />
handbags have<br />
been collected<br />
at various points<br />
across NSW.<br />
TOP: Warrumbungle<br />
Shire Council, led<br />
by USU Delegate<br />
and Executive<br />
Member Jim<br />
O’Malley.<br />
ABOVE: Coffs<br />
Harbour City<br />
Council members.<br />
LEFT: USU<br />
Industrial Officer<br />
Noel Martin drops<br />
off bags.<br />
RIGHT: Graeme<br />
Kelly thanks the<br />
Central West<br />
Branch Committee<br />
of Management for<br />
their contribution.<br />
BELOW: Members<br />
at Midcoast<br />
Council.<br />
PRIVATE SECTOR MEMBERS<br />
HAVE IT IN THE BAG<br />
The USU’s private sector delegates and members have<br />
done a great job at their workplaces in supporting the<br />
Share the Dignity campaign.<br />
Liverpool Council delegate<br />
Celeste Morley<br />
Blacktown City Council<br />
Delegate Liza Buckley<br />
ABOVE: Executive member Katie Gillen with<br />
some of the filled bags from our members<br />
at the AMWU. LEFT: Delegate Laura Toose,<br />
members Stephanie Le and Sandra Roden<br />
with some of the filled bags from our<br />
members at the NSWNMA. RIGHT: USU<br />
Private Sector member Saree Boutros with<br />
his addition to the It’s in The Bag campaign.<br />
<strong>United</strong> <strong>Summer</strong> <strong>2018</strong> • 7
LOOKING AFTER MENTAL HEALTH<br />
With New South Wales being declared approximately 98% in drought (Verified NSW Combined Drought<br />
Indicator to 30 September <strong>2018</strong>), Industrial Officer Noel Martin says it is a timely reminder for our members<br />
and employers in rural and regional areas to give consideration to issues affecting our members during this<br />
drought and in particular mental health.<br />
With the Department of Primary<br />
Industries releasing its NSW<br />
Seasonal Update – November <strong>2018</strong>,<br />
providing the latest drought status<br />
with up to 30.1% drought affected,<br />
49.9% in drought, and 18.7% in<br />
intense drought, employers, and<br />
with Local Government usually<br />
being the biggest employer in most<br />
rural communities, it is timely for<br />
all of us to give consideration to<br />
those experiencing hardship in the<br />
face of this drought.<br />
Many members of the USU in rural<br />
and regional NSW are land owners<br />
and farmers.<br />
EXTREME PRESSURES<br />
A recent matter before the New<br />
South Wales Industrial Commission<br />
highlighted some of the issues<br />
affecting some of our members<br />
employed in Local Government<br />
who are experiencing the effects of<br />
this drought. The matter highlighted<br />
some of the extreme pressures<br />
that some individuals had to face<br />
when it came to deciding between<br />
employment related issues and the<br />
issues faced on their properties,<br />
such as lack of water, lack of feed<br />
for livestock, animal husbandry,<br />
livestock deaths and loss of farm<br />
income.<br />
Our members have always had our<br />
communities at heart and now,<br />
more than ever, our members<br />
need to look out for each other,<br />
particularly those facing the<br />
hardship of these times in rural and<br />
regional NSW. We all know that<br />
in many circumstances, whilst our<br />
members are mostly resilient, there<br />
are members in the workplace who<br />
are struggling, and it is imperative<br />
that we all ask “r u ok?” More so<br />
now than ever!<br />
TIME TO TAKE A PROACTIVE<br />
ROLE<br />
With approximately 3 million<br />
people living with anxiety and<br />
depression, Councils can also take<br />
a more proactive role in this regard;<br />
being a responsible employer is<br />
much more than offering EAP.<br />
Mental Health issues that people<br />
face in times of adversity are far<br />
greater in rural and regional New<br />
South Wales, with ‘Sane Australia<br />
2017’ stating that suicide rates in<br />
rural areas are 40% higher than<br />
those in metropolitan areas.<br />
Councils can ensure there is an<br />
adequate number of mental health<br />
first aiders in the workplace and<br />
they can ensure that supervisors<br />
are taking proactive steps within<br />
the workplace to identify areas<br />
of concern before issues become<br />
performance/disciplinary issues, or<br />
much worse.<br />
PROFESSIONAL ASSISTANCE<br />
As Union Officials we all know too<br />
well that when we get involved in<br />
a disciplinary matter, all too often<br />
there is an underlying issue that,<br />
had it been identified earlier, would<br />
not have become a disciplinary<br />
issue, but an issue of providing<br />
proper professional assistance.<br />
With the cost of recruitment,<br />
selection, and retention at an alltime<br />
high, it would be remiss of<br />
Council’s not to identify people<br />
at risk, with a view to ensuring<br />
help is available at the earliest<br />
possible stage. When things are<br />
overwhelming, asking for support is<br />
difficult and in many cases too late.<br />
There is help available no matter<br />
where you live; however the<br />
hardest thing is asking!!<br />
Lifeline 13 11 14<br />
beyondblue 1300 224 636<br />
Photo: St Vincent de Paul Society<br />
8 • <strong>United</strong> <strong>Summer</strong> <strong>2018</strong>
VALE VINCE HIGGINS<br />
It is with sadness that the <strong>United</strong><br />
Services Union advises the<br />
passing of Vince Higgins, a giant<br />
of the union movement and former<br />
Secretary of the Federated Clerks<br />
Union (now the <strong>United</strong> Services<br />
Union).<br />
Vince commenced working for<br />
the Federated Clerks Union in<br />
1953 and retired in 1994 following<br />
a dedicated 41 years working for<br />
the Union, throughout decades of<br />
immense change, both industrially<br />
and within the workplace through<br />
the introduction of new technology<br />
which challenged traditional work<br />
practices.<br />
He was Secretary of the Union<br />
from 1980 to 1994 when he retired.<br />
Prior to that he had been Assistant<br />
Secretary from 1961-1980 and held<br />
many positions across the union<br />
movement including: Delegate to<br />
Labor Council, LC Executive, ALP<br />
Conference, Finance Committee,<br />
ACTU delegate, National Executive<br />
Vince Higgins (front left) marching at the<br />
Labour Day Procession on 5 October 1964.<br />
FCU, National Conference FCU,<br />
Australian representative to FIET<br />
International Union for White Collar<br />
Workers and much more.<br />
Vince Higgins was one of the<br />
greats, not only of our union but of<br />
the union movement.<br />
Members can read more about his<br />
contribution in Clerks: A History of<br />
the Federated Clerks Union in NSW<br />
at: http://bit.ly/clerks-history<br />
WINTER SLEEPOUT RAISES OVER $16,800<br />
In <strong>2018</strong> the General Secretary Graeme Kelly and the metro team along<br />
with some delegates participated in a Winter Sleepout to raise money for<br />
homelessness. This year the team raised over $16,800 for Youth Off The Streets.<br />
In the last six years over $100,000 has been donated to this worthwhile cause.<br />
Youth Off The Streets offers care to young people between the age of 12 - 22<br />
who are chronically homeless, abused, suffering from addiction or in general<br />
need of help. They offer a range of programs including crisis and short term<br />
accommodation to long term residential care, counselling, secondary education<br />
and rehabilitation. They have extended their services to various communities<br />
and regional centres throughout NSW via Outreach Programs. A volunteer run<br />
food van service also operates each night in Kings Cross.<br />
The weather this year was cold and rainy and as always it’s never a comfortable<br />
sleep however the team is proud of their ongoing efforts and would like to thank<br />
each and every member who made a donation. We plan to be back in 2019 so<br />
keep an out for us and our collection tins!<br />
The team managed to get a bonfire<br />
going before the rains set in!<br />
<strong>United</strong> <strong>Summer</strong> <strong>2018</strong> • 9
Strength in numbers. It was<br />
fantastic to see Private Sector<br />
members at Sydney’s Change the<br />
Rules Rally on Tuesday 23rd of<br />
October <strong>2018</strong>. Pictured above are<br />
members Michael Garner, Vince<br />
Raschilla and Jay Manuain from<br />
Teachers Federation Health, with<br />
USU Official Emily Callachor and<br />
Energy Utilities & Private Sector<br />
Manager, Peter Campise.<br />
The Union’s hard work at HCF is<br />
finally paying off!<br />
Over the last 11 months in recruiting<br />
new delegates have made HCF a<br />
much more organised workplace.<br />
Members can now go to elected<br />
delegates for assistance and work<br />
place confidence and power is<br />
building.<br />
Our delegates hit the ground<br />
running! They’ve completed<br />
training and from what we’ve seen,<br />
their commitment to unionism<br />
and looking after people in their<br />
workplace is a priority.<br />
PRIVATE SECTOR WORKERS READY TO<br />
CHANGE THE RULES<br />
ABOVE: USU’s Paul Reid with<br />
Executive member Katie Gillen.<br />
RIGHT: USU Official Emily Callachor<br />
with members Carl Purcell and Mateja<br />
Simovic, from Spark and Cannon.<br />
THINGS ARE LOOKING HEALTHY @ HCF<br />
LEFT: Nadasha<br />
Tuwhakaraina,<br />
Rebekah Tong,<br />
Glynnis Ferret and<br />
Emma Bonano.<br />
Missing from the<br />
photo is Jemima<br />
Jarvis, Alex<br />
Laughton, James<br />
Webster, Kevin<br />
Gray and Lauren<br />
O’Connor.<br />
COME JOIN THE TEAM ON FACEBOOK<br />
www.facebook.com/groups/HCFatUSU/<br />
10 • <strong>United</strong> <strong>Summer</strong> <strong>2018</strong>
USU CONTINUES THE FIGHT FOR<br />
DOMESTIC VIOLENCE LEAVE<br />
The City of Newcastle is the latest Council to adopt<br />
paid Family and Domestic Violence Leave entitling<br />
victims of domestic violence to 10 extra days paid<br />
leave a year as a part of the newly ratified enterprise<br />
agreement. (see pages 18-19)<br />
USU General Secretary Graeme Kelly congratulated<br />
the City of Newcastle. “Whether directly, or indirectly,<br />
family violence is a workplace issue that affects<br />
working people every day, so we thank City of<br />
Newcastle for their leadership.”<br />
The USU has been campaigning to introduce these<br />
provisions for a number of years.<br />
“Every time we negotiate a new Agreement or Award<br />
a Paid Domestic Violence Leave clause is included,”<br />
Graeme Kelly said. “I congratulate Council and our<br />
delegates, members and officials who have ensured<br />
this important provision is included in the City’s EA.”<br />
IT’S TIME FOR NATIONAL STANDARDS<br />
While the USU welcomes the NSW government’s<br />
City of Newcastle USU delegates Ross Warren and Kevin<br />
Burgess with Lord Mayor Nuatali Nelmes and <strong>United</strong><br />
Services Union General Secretary Graeme Kelly<br />
recent decision to provide 10 days paid Domestic<br />
Violence Leave to all public sector employees in the<br />
state, the battle is far from over.<br />
The USU joins Unions NSW in calling on the Federal<br />
Government to put 10 days paid leave in the National<br />
Employment Standards.<br />
Photo: City of Newcastle<br />
HORNSBY DOMESTIC VIOLENCE LEAVE POLICY SURVEY RESULTS<br />
Meanwhile the USU conducted<br />
a survey amongst Hornsby<br />
Shire Council employees, asking<br />
if members support a Paid<br />
Domestic Leave Policy and<br />
how many days leave would be<br />
acceptable.<br />
WHAT DID<br />
MEMBERS SAY?<br />
Q1. Do you support a paid domestic leave policy for<br />
employees at Council ?<br />
YES 95.31%<br />
YES 95.31% NO 1.56% UNSURE 3.12%<br />
Q2. If you answered ‘yes’ how many days leave would you<br />
expect Council to provide as a minimum ?<br />
10 DAYS 80.64%<br />
10 DAYS 80.64% 5 DAYS 11.29% OTHER 8.06%<br />
YET COUNCIL SAID NO.<br />
MEMBERS TAKE ACTION !<br />
We have been campaigning with USU members and<br />
the community requesting local councillors support a<br />
policy to assist those subjected to Domestic Violence<br />
within the workplace. As we head to print a motion to<br />
support DVL will be put to the next Council meeting.<br />
We will keep members informed of the result.<br />
<strong>United</strong> <strong>Summer</strong> <strong>2018</strong> • 11
MEMORIAL UNION PICNIC DAY FOR DAVID FULLER<br />
Sadly, earlier in the year members<br />
of Nambucca Shire Council<br />
suddenly lost a good friend, work<br />
colleague, and Union member,<br />
David “Big Dog” Fuller.<br />
With such a big loss to a small<br />
Council, members wanted to find a<br />
way to pay tribute and remember<br />
“Big Dog” for years to come;<br />
therefore the Picnic Committee<br />
decided, with the support of<br />
David’s wife and children, to make<br />
a shield for the Union Picnic Day<br />
to be named and honoured after<br />
David. The Shield will be used every<br />
year at the NSC Union Picnic Day.<br />
The Picnic Day this year was<br />
held on Melbourne Cup Day and<br />
the event selected to receive this<br />
special Award was a two person<br />
‘Ambrose’.<br />
Tribute to a mate: The inaugural David “Big Dog” Fuller Memorial Shield is<br />
presented to Chris Wills and Alan Clarke by Rachel Fuller<br />
The winners of the inaugural David<br />
“Big Dog” Fuller Memorial Shield<br />
at the USU Picnic Golf Day, were<br />
Chris Wills and Alan Clarke. The<br />
Shield was proudly presented by<br />
Rachel Fuller, “Big Dog’s” wife.<br />
The presentation was held at the<br />
Services Club in Macksville and<br />
was an emotional one, but one<br />
that was full of joy and laughter;<br />
with a few drinks to celebrate the<br />
event and the memory of a missed<br />
husband, friend, work colleague<br />
and Union member.<br />
WILLS AND BINDING NOMINATIONS REMINDER<br />
David “Big Dog” Fuller of<br />
Nambucca Shire Council (a 30 year<br />
member of the USU) passed away<br />
earlier this year leaving family,<br />
friends and work colleagues with a<br />
huge loss that many are still trying<br />
to come to terms with. It is never<br />
easy losing someone you know, but<br />
it takes a bigger toll on everyone<br />
when it’s sudden and unexpected.<br />
“Big Dog” was someone everyone<br />
wanted to know and work with, he<br />
was a grader driver who loved his<br />
job, his work mates and without<br />
question, his wife and children.<br />
Nambucca Shire Council is a small<br />
council and the loss is still plain<br />
to see. At the Union Picnic day<br />
David’s wife Rachel paid tribute<br />
to “Big Dog” and gave a timely<br />
reminder to all members about<br />
what can happen if you do not<br />
have a current will or binding<br />
Rachel<br />
Fuller: Urges<br />
members to<br />
make sure<br />
they have wills<br />
and binding<br />
nominations<br />
nomination. David unfortunately<br />
did not have a current will prior<br />
to his departure which has placed<br />
his remaining family members in<br />
a situation no one wants to be in<br />
after a loss of a loved one. This<br />
process is now in Probate which, in<br />
some cases can take up to 3 years<br />
or longer to finalise, something<br />
most working class people cannot<br />
afford especially if the loved one is<br />
“the bread winner”.<br />
During the presentation Rachel<br />
went on to say that thankfully<br />
David kept his binding nomination<br />
current and up to date, which has<br />
seen David’s family now receive<br />
all his superannuation and provide<br />
some financial ease in a time of<br />
need. Rachel’s speech urged all<br />
to make sure they have wills, and<br />
binding nominations up to date,<br />
so no one’s loved ones have to go<br />
through what her family is going<br />
through at the moment.<br />
In an amazing gesture so close to<br />
her loss; Rachel’s final words in the<br />
presentation were something we all<br />
have heard before, but something<br />
we need to say to fellow work<br />
mates who are not Union members<br />
as yet, “You insure your house, you<br />
insure your car, you insure your<br />
health; why not insure your wages…<br />
I urge you to go out and talk to<br />
your work colleagues about joining<br />
the USU”.<br />
12 • <strong>United</strong> <strong>Summer</strong> <strong>2018</strong>
NEW NSW LOCAL GOVERNMENT<br />
MODEL CODE OF CONDUCT<br />
The NSW Office of<br />
Local Government<br />
recently released<br />
an updated NSW<br />
Local Government<br />
Model Code of<br />
Conduct which all<br />
Councils in NSW<br />
will be required to<br />
comply with as a<br />
minimum.<br />
Manager Northern,<br />
Stephen Hughes<br />
explains.<br />
The new version has been<br />
drafted following many months<br />
of Industry and Industry Stake<br />
Holder consultation by the Office<br />
of Local Government.<br />
The USU has participated<br />
regularly in discussions as the<br />
major employee representative<br />
(Union) Industry Stakeholder with<br />
the Office of Local Government<br />
both directly and at the industry<br />
peak committees with the<br />
Ministerial Advisory Group and<br />
the Employment Matters Working<br />
Party which the USU and the OLG<br />
both attend.<br />
It is pleasing to see that the Office<br />
of Local Government continues<br />
to listen and wherever reasonably<br />
possible, to include the USU’s views<br />
on important reforms occurring in<br />
NSW Local Government such as in<br />
the new Model Local Government<br />
Code of Conduct.<br />
This new version includes clearer<br />
guidelines for elected councillors,<br />
in particular regarding possible<br />
conflict and pecuniary interests,<br />
but more importantly for our<br />
USU members employed in NSW<br />
Local Government. The new<br />
version provides much needed<br />
added support in addition to<br />
other existing important legislated<br />
rights, obligations and conditions<br />
contained in WHS legislation,<br />
Industrial legislation, Anti-<br />
Discrimination legislation, and even<br />
Union Delegates and Consultative<br />
Committee members’ rights under<br />
the NSW Local Government (State)<br />
Award.<br />
The OLG, by including these<br />
provisions in a single model code<br />
of conduct, has made it much<br />
easier to access and understand<br />
the various protections and rights<br />
contained in very diverse and at<br />
times, complicated legislation,<br />
thereby making it much harder for<br />
any Council or Local Government<br />
entity who is covered by the<br />
Local Government Act, to plead<br />
ignorance or to shirk their<br />
obligations under this new code.<br />
The updated Model Code of<br />
Conduct will prove to be almost<br />
as important to our members<br />
employed in Local Government as<br />
the Award itself. ALMOST.<br />
Our members must also understand<br />
that while the new model brings<br />
with it far better workplace<br />
protections and another means<br />
to report alleged breaches, it also<br />
carries the responsibility that our<br />
members should comply with<br />
the Code at all times, including<br />
the responsible use of Council’s<br />
resources and in the use of social<br />
media regarding their work in Local<br />
Government.<br />
NEED TO KNOW MORE?<br />
If you want to know more please<br />
contact your USU Organiser or call<br />
the Union on 1300 136 604.<br />
<strong>United</strong> <strong>Summer</strong> <strong>2018</strong> • 13
Bonus Issue front and<br />
centre at the Qantas AGM<br />
USU/ASU delegates and officials<br />
U delegates<br />
attended the Qantas<br />
and officials<br />
AGM in<br />
dpromotional the Brisbane Qantas team! in October AGM to input<br />
Still time to sign the petition<br />
e the company’s imposition of<br />
The on AGM Friday and our questions 26th were October There is still time to sign the ACTU<br />
covered conditions extensively on in the this media year’s as bonuses<br />
d put the company’s<br />
petition about our bonuses --- if you have<br />
were the front questions and centre and resolutions as an issue for not done so please do so ASAP<br />
from Australian<br />
staff in our<br />
Center<br />
questions<br />
for Corporate<br />
to the<br />
Responsibility. You can check out<br />
https://www.megaphone.org.au/petition s/<br />
some onuses of Chairman the media front of coverage the and Board here centre Leigh send-a-message-to-the-qantas-board.<br />
sue<br />
https://www.smh.com.au/business/com<br />
Clifford for staff and CEO the Alan Joyce.<br />
panies/qantas-board-grilled-over-<br />
More information<br />
ns deportations-climate-change-and-staff-<br />
pay-<strong>2018</strong>1026-p50c5y.html<br />
directed proxies to our reps we<br />
we Thanks put to to those the members Chairman who<br />
For more information, please get in touch<br />
oard and CEO Alan Joyce. with the relevant contact below.<br />
were able to ask why conditions<br />
http://australianaviation.com.au/<strong>2018</strong>/1<br />
have been put on bonuses when If you’re conditions not a member on this bonus of the USU/ASU, are the<br />
0/qantas-faces-shareholder-heat-onbonuses/<br />
such a move is not linked to a pay<br />
you same can join as in online the past, now however at our secure this<br />
form:<br />
is<br />
www.usu.org.au/join<br />
not true as previous bonuses<br />
freeze.<br />
sed Bonuses to get raised proxies In parliament from FAAA were linked to a pay freeze, while<br />
The so-called ‘bonus’ isn’t paid<br />
Branch<br />
nal division members with<br />
this bonus comes Contact at a time Mobile when<br />
On Wednesday until AFTER 24th Qantas October workers <strong>2018</strong>, sign TAS Aaron De La Torre 0427 813 821<br />
o.<br />
Qantas has announced profits of<br />
Steve Georganas<br />
up to new<br />
MP<br />
agreements.<br />
for the South<br />
VIC PS Matt Norrey 0407 873 050<br />
For many,<br />
Australian seat of Hindmarsh gave a<br />
$1.6 billion.<br />
VIC PS Imogen Sturni 0433 339 656<br />
speech that in parliament is years away. questioning why<br />
NSW Services & ACT Linda Spiteri 0417 663 108<br />
On the “causing harm” condition,<br />
Qantas was failing to pay the awarded NSW US Josh Paterson 0419 761 320<br />
Another condition of the bonus<br />
bonuses bonuses to Qantas when staff, you such can awatch<br />
QLD Together it appears that Billy Colless not all industrial 0419 736 886<br />
Steve’s was speech that employees “not harm” QLD Services action will necessarily Jeanine Orzani be 0417 deemed 714 767<br />
https://www.facebook.com/australianse<br />
the company. We asked what the SA/NT Kelly Bowey 0497 555 875<br />
to be causing harm to Qantas,<br />
rvicesunion/videos/1728471727262295 WA Rebecca Gillis 0417 969 502<br />
conditions of “not causing harm<br />
/<br />
however the discretion that the<br />
Thanks to Steve Qantas” for your actually continued means and we company can exercise on the<br />
support also asked why staff at Q Catering awarding of the bonus down the<br />
transferring to dnata are being track is very wide indeed.<br />
treated so unfairly as they will<br />
As for the bonus for Q Catering<br />
s they never will see never the bonus see the through no<br />
staff transferring to dnata, it was<br />
fault of their own.<br />
not clear that Qantas executives<br />
Qantas tried to argue the<br />
actually Joyce. understood that everyone<br />
Qantas Bulletin 48 • 30 October <strong>2018</strong><br />
Issue front and centre at the Qantas AGM<br />
tion of conditions on this<br />
o all USU/ASU members who<br />
proxies to our reps --- we were<br />
s asked why conditions have<br />
not linked to a pay freeze, we<br />
hat the conditions of “not<br />
harm to Qantas” actually<br />
nd we also asked why staff at<br />
ng who are transferring to<br />
on are being treated so<br />
rough no fault of their own.<br />
ried to say the conditions on<br />
s are the same as previously -<br />
not true as the previous<br />
were linked to a pay freeze---<br />
s comes at a time when<br />
s experiencing bumper profits.<br />
eholders in the room<br />
d sympathy for our position<br />
at least.<br />
ausing harm condition, it<br />
that not all industrial action will<br />
rily be14 deemed • <strong>United</strong> <strong>Summer</strong> to be<strong>2018</strong><br />
causing<br />
Qantas, it is fair to say the<br />
ASUairlines news<br />
As for the bonus for Q Catering staff<br />
transferring to dnata, it was not clear<br />
that Qantas executives actually<br />
understood that everyone in Q Catering<br />
except ASU EBA staff were getting the<br />
bonus before transfer. As we have<br />
been already we will continue to<br />
pursue this issue as it is grossly unfair.<br />
You may have heard rumours of mass<br />
redundancies swirling around Qantas<br />
supposedly because of the increase in<br />
fuel prices. We took the opportunity to<br />
ask if these rumours were true and this<br />
was emphatically denied by CEO Alan<br />
Finally we asked why the Qantas<br />
promotional team who staff the AGM<br />
were not being paid for their work<br />
unlike every executive in attendance,<br />
this was met with the response that<br />
they got opportunities to represent<br />
Qantas at parties and events they<br />
would not otherwise be able to attend<br />
so they were lucky to get the<br />
opportunity to volunteer to work for<br />
free.<br />
We don’t think that this is a good<br />
Asking<br />
the tough<br />
questions:<br />
Our USU/ASU<br />
Our USU/ASU<br />
team at the<br />
team Qantas at the AGM<br />
Qantas in Brisbane AGM<br />
in Brisbane on 26 th<br />
on<br />
26th October <strong>2018</strong><br />
in Q Catering except USU/ASU EBA<br />
staff were getting the bonus before<br />
transfer. We have continued to<br />
pursue this grossly unfair issue.<br />
You may have heard rumours of<br />
mass redundancies swirling around<br />
Qantas supposedly because of the<br />
increase in fuel prices. We took the<br />
opportunity to ask if these rumours<br />
were true and this was emphatically<br />
denied by CEO Alan Joyce.<br />
Finally we asked why the Qantas<br />
promotional team who staff the<br />
AGM were not being paid for their<br />
work unlike every executive in<br />
attendance. We were advised that<br />
they got opportunities to represent<br />
Qantas at parties and events they<br />
would not otherwise be able to<br />
attend so they were lucky to get<br />
the opportunity to volunteer to<br />
work for free.<br />
“Lucky” to work for free? We don’t<br />
think that this is a good enough<br />
explanation and query whether<br />
this is even possible under the Fair<br />
Work Act. Qantas is making piles<br />
of money – not only can they pay<br />
our bonuses now they can pay the<br />
promotional team!
TRANSITION TO CLEAN<br />
ENERGY MUST BE FAIR<br />
In October USU and ASU members took our message to politicians in Canberra that we need a fair plan to<br />
transition to clean energy!<br />
The closures of Hazelwood and<br />
Port Augusta power stations<br />
were devastating for workers and<br />
communities. We now need a<br />
plan that will create new jobs and<br />
support the workforce to obtain<br />
those jobs.<br />
We are calling for government<br />
to set up an independent Just<br />
Transition Authority to manage<br />
this major industry change in a fair<br />
and transparent way.<br />
ASU Assistant<br />
National<br />
Secretary<br />
Robert Potter,<br />
USU Organiser<br />
Troy Dunne and<br />
Essential Energy<br />
delegate, Daniel<br />
Welsh joined<br />
delegates from<br />
across Australia<br />
to deliver the<br />
message.<br />
We all need the federal government<br />
to step up to the plate and deliver<br />
stable energy policy that includes<br />
a just transition for all affected<br />
workers.<br />
If managed well, the diversification<br />
of these regional economies offers<br />
enormous opportunities for new<br />
sustainable employment in new<br />
industries.<br />
EA NEGOTIATIONS AT … EA<br />
Negotiations for a replacement Agreement at the Mt. Piper Power<br />
Station, owned by Energy Australia, have been ongoing since June.<br />
Our exhaustive Log of Claims can be summed up as adhering to the three<br />
principles of:<br />
1 A fair pay increase;<br />
2 Job security;<br />
3 Enhancement of current conditions.<br />
The parties have reached in principle agreement on many aspects of<br />
the Agreement, which members would be aware of, however, we are yet<br />
to reach in principle agreement on items such as – yearly percentage<br />
increase, location allowances, job security, payroll transformation (weekly<br />
to fortnightly pay) and higher duties payments.<br />
We will keep members informed of progress as negotiations continue.<br />
THANKS<br />
Our delegates are the backbone<br />
of our union, and play a crucial<br />
role by communicating with<br />
members, participating in<br />
negotiations and representing<br />
members at the workplace.<br />
Your Energy Branch organisers<br />
would like to send a big thank<br />
you to all of our delegates from<br />
all parts of NSW who volunteer<br />
their own time to represent their<br />
colleagues, travel to Sydney<br />
on union business from as far<br />
afield as Broken Hill. You are our<br />
lifeblood!<br />
<strong>United</strong> <strong>Summer</strong> <strong>2018</strong> • 15
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Historically, EISS Super was only available to employees in the energy industry, then in 2013, we<br />
opened our fund to all Australians. We work hard every day so our members can enjoy the retirement<br />
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Join an award winning fund today<br />
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16 • <strong>United</strong> <strong>Summer</strong> <strong>2018</strong>
REBUILDING @ ESSENTIAL<br />
This year has been a year for re grouping and rebuilding following a few horror years for Essential Energy<br />
members with mass redundancies and big disputes over the Enterprise Agreement and redundancy<br />
entitlements. A major focus has been on opening up our communication channels.<br />
COMMUNICATING OUR<br />
MESSAGE<br />
The Energy Facebook page was<br />
launched to assist Energy members<br />
to connect with other members<br />
across the energy industry. There<br />
has been a great response and it<br />
allows us to quickly get information<br />
to members.<br />
When contact details are out of<br />
date we look to our delegates for<br />
assistance with getting members to<br />
update their details which has been<br />
a great success.<br />
In April and May this year,<br />
Organiser Melissa Pond visited<br />
North Coast and Central West<br />
Essential Energy sites to meet with<br />
members. Contacts have been set<br />
up in all areas visited. Melissa will<br />
be visiting these sites again in the<br />
New Year as well sites in the North<br />
West Areas.<br />
RECRUITING AND TRAINING<br />
A lot of effort this year has gone<br />
into recruiting and training new<br />
delegates to increase the USU’s<br />
presence on the job. Melissa has<br />
spent at least one to two days a<br />
fortnight in the Port Macquarie<br />
Offices working with the delegates<br />
and mentoring them to be able to<br />
handle member issues which has<br />
resulted in the recruitment of two<br />
new delegates in Port Macquarie.<br />
While re-building has been slow<br />
we have made progress with 13 new<br />
members this year and resignations<br />
due to redundancies have slowed<br />
considerably.<br />
FOUR OF OUR<br />
DELEGATES:<br />
Linda Thompson,<br />
Daniel Welsh, Judy<br />
Cutler and Ruth<br />
Smallwood<br />
WORKING WITH<br />
MANAGEMENT<br />
A lot of work has been<br />
given to working with<br />
Management and<br />
establishing a working<br />
relationship. This has<br />
helped us enormously<br />
especially with Essential<br />
Energy finally properly<br />
consulting with us again, allowing<br />
us to get our message across on<br />
behalf of Essential members on<br />
topical issues such as the proposed<br />
Drug and Alcohol Policy. The USU<br />
has set up a working group and will<br />
be attempting to develop a fairer<br />
Drug and Alcohol Policy for our<br />
members in coming months.<br />
LABOUR HIRE WINS!<br />
While Essential Energy continues<br />
to use Labour Hire workers, we<br />
have been working with Human<br />
Resources to try and stem the<br />
flow and allow workers to be able<br />
to secure full time work directly<br />
with Essential Energy. We found<br />
that some Labour Hire workers<br />
had been working for Essential<br />
Energy for up to 8 years! We met<br />
with Essential Energy to investigate<br />
why this had been allowed to go<br />
on for so long. As a result of our<br />
investigations, Essential Energy has,<br />
so far, offered 30 to 40 employees<br />
full time or Part Time work with<br />
Essential this year. This is a great<br />
achievement from our delegates<br />
especially Delegate Daniel Welsh<br />
who has worked with his Organiser<br />
Melissa Pond on this issue.<br />
STANDING UP TO BULLYING<br />
Our delegates have also had a busy<br />
year with a number of issues and<br />
disputes particularly the ongoing<br />
issue of Bullying and Harassment.<br />
The delegates have really stood<br />
up on this issue and supported<br />
the affected employees. These<br />
delegates are a credit to our union<br />
and the members and deserve a<br />
huge thanks from the USU.<br />
Congratulations to our great<br />
Essential Energy USU Delegates:<br />
Leanne New; Daniel Welsh; Ruth<br />
Smallwood; Linda Thompson;<br />
Judy Cutler; Peter Arnull; Peter<br />
Anderson; Mark Lenton; Bryan<br />
Spangler; Mardi Henman<br />
<strong>United</strong> <strong>Summer</strong> <strong>2018</strong> • 17
CITY OF NEWCASTLE EA – ENDORSED AN<br />
USU Members have overwhelmingly endorsed a new Enterprise Agreement, with 98.72% of USU members<br />
voting to support the agreement, which guarantees wage increases for City of Newcastle employees over the<br />
next three years and provides improved terms and conditions of employment and job security.<br />
Following this resounding<br />
endorsement, your USU<br />
representatives have sought the<br />
ratification of the new agreement<br />
which will be in force from 1st<br />
January 2019 for a period of 3<br />
years. This approval was resolved<br />
before the NSW Industrial Relations<br />
Commission on 5 November.<br />
THE AGREEMENT CONTAINS<br />
THE FOLLOWING NEW OR<br />
ENHANCED FEATURES:<br />
A three year term commencing<br />
from the ratification date of 1st<br />
January 2019.<br />
PAY / ALLOWANCE INCREASES<br />
Three guaranteed wage increases<br />
during the life of the Agreement:<br />
2.5% increase with a minimum<br />
payment of $22.30 per week from<br />
1st July 2019,<br />
An increase to be confirmed<br />
which will be negotiated with the<br />
collective strength of the State<br />
wide USU membership to be<br />
applied from 1 July 2020,<br />
An increase to be confirmed<br />
which will be negotiated with the<br />
collective strength of the State<br />
wide USU membership to be<br />
applied from 1 July 2021,<br />
All current Allowances increased,<br />
with further increases in July 2019,<br />
July 2020 and July 2021;<br />
SALARY SYSTEM<br />
Guaranteed commitment for a<br />
total review of the current salary<br />
system and all allowances, to be<br />
commenced within two months<br />
of ratification of the Enterprise<br />
Agreement.<br />
WORKPLACE FLEXIBILITY –<br />
HOURS OF WORK<br />
Introduction and an important shift<br />
with the onus now on Council to<br />
The USU thanks all members who turned out in their hundreds for USU<br />
Member meetings on 25th October <strong>2018</strong> and all members for providing their<br />
important vote on the proposed new EA. Due to the collective strength<br />
of the USU membership at City of Newcastle, THIS vote of the USU<br />
membership directed the endorsement and approval of this agreement.<br />
support flexible working arrangements.<br />
These arrangements can be resolved on<br />
either a team based or individual basis.<br />
This includes the formal introduction of<br />
the following:<br />
9 Day Fortnight<br />
Flexi Time Arrangements (over a 4<br />
week cycle)<br />
Flexibility agreements for family /<br />
caring responsibilities<br />
Extended Carers Leave<br />
Grandparent leave<br />
Working 4 out of 5 years<br />
Phased Retirement<br />
JOB SECURITY<br />
Intention and Commitment by the<br />
City of Newcastle to maintain core<br />
employment numbers of 957 (EFT)<br />
– New inclusion Increased security<br />
of employment provisions<br />
Improved workplace change and<br />
consultation provisions for USU<br />
members, which now include<br />
a 28 day consultation period<br />
prior to any changes being<br />
implemented, and commitments<br />
to early consultation with USU<br />
representatives prior to a “definite<br />
decision”<br />
Improved redeployment process<br />
from a 12 month program, with<br />
an unlimited timeframe and<br />
targeted redeployment subcommittee<br />
to be formed (including<br />
USU representation) to improve<br />
redeployment outcomes.<br />
FAMILY AND DOMESTIC<br />
VIOLENCE LEAVE<br />
In conjunction with the USU’s<br />
ongoing “We Won’t Wait<br />
Campaign”, we are proud to<br />
resolve special paid leave (10 days<br />
per annum) Family and Domestic<br />
Violence Leave for victims and<br />
their families. (see page 11)<br />
HALF DAY BEFORE CHRISTMAS<br />
(LORD MAYOR’S GRANT)<br />
Formalised entitlement in the<br />
Enterprise Agreement following<br />
the USU’s win to preserve and<br />
protect this entitlement in the New<br />
South Wales Industrial Relations<br />
Commission in 2013.<br />
HIGHER DUTIES PAYMENT<br />
<br />
Previous “timeframes” have<br />
been removed and higher duties<br />
payment will be made for the<br />
actual time relieving in the higher<br />
paid position. All paid leave and<br />
Agreement holidays are then paid<br />
at the higher grade of pay whilst<br />
relieving.<br />
18 • <strong>United</strong> <strong>Summer</strong> <strong>2018</strong>
D APPROVED<br />
PERSONAL LEAVE (SICK AND<br />
CARERS LEAVE)<br />
Removal of the need to provide<br />
medical certificates and/or other<br />
certification for absences for sick<br />
and/or carers leave.<br />
Extension of wellbeing programs,<br />
including paid leave access for<br />
health and wellbeing activities.<br />
TERM CONTRACTS / LABOUR<br />
HIRE<br />
Inclusion of an updated State<br />
Award clause defining specific<br />
conditions for the use of term<br />
contracts and the use of Labour<br />
Hire. These include the protection<br />
that these arrangements cannot<br />
replace a permanent employee of<br />
Council. Further improvements<br />
to ensure continual monitoring of<br />
these arrangements to be provided<br />
to USU representatives.<br />
PREVIOUS LOCAL AGREEMENTS<br />
RESOLVED INTO THE NEW EA<br />
Waste Collections, Seasonal<br />
Lifeguards, Beresfield Childcare<br />
Centre & <strong>Summer</strong>hill Waste<br />
Management Facility Caretaker.<br />
TRADE OFFS?<br />
All these improvements, and more,<br />
were achieved without any tradeoffs<br />
or any reduction of current<br />
workplace entitlements. The full<br />
agreement can be viewed at www.<br />
usu.org.au/newcastle-ea-endorsed/<br />
BEING COLLECTIVE COUNTS!<br />
USU membership has been<br />
integral in improving conditions<br />
of employment at City of<br />
Newcastle and this agreement<br />
continues this record. This<br />
was again achieved by the<br />
collective strength of the USU<br />
membership made available by<br />
USU representatives.<br />
UNION BINDS US ALL<br />
ACROSS THE WORLD<br />
Lifeguard members Daniel (Beardy) McLaughlin and Anthony (Harries)<br />
Caroll welcome younion reps Thomas Kattnig and Gerthard Berti,<br />
as well as ASU National Assistant Secretary Robert Potter and USU<br />
General Secretary Graeme Kelly to the famous Bondi Lifeguard Tower.<br />
Did you know we have a “sister” union in Austria? Younion (say it aloud!)<br />
represents over 150,000 members in more than 200 different professions<br />
in Austrian cities and communities. Recently two delegates from<br />
Younion, Thomas Kattnig and Gerthard Berti, visited Sydney to talk with<br />
representatives and members from our national union, the ASU as well as<br />
the USU.<br />
Our Bondi Lifeguards are known all over the world and what better way to<br />
show off our city than to take them to iconic Bondi Beach and talk to the<br />
lifeguards?<br />
USU General Secretary Graeme Kelly, ASU National Assistant Secretary<br />
Robert Potter and Lifeguard Reference Group Co-ordinator USU Legal<br />
Officer Sean Szabo took Thomas and Gerthard out to meet with our Bondi<br />
Lifeguard members.<br />
USU Delegate and Bondi lifeguard, Daniel (Beardy) McLaughlin met us<br />
at the Tower and gave us a tour of the beach. He answered questions<br />
about the beach, about Waverley Council, his industry and about his<br />
involvement with the USU. Beardy then took us up into the famous<br />
Lifeguard Tower to meet some of the other lifeguards and gave us a run<br />
down on all the equipment and the day to day work of a lifeguard at the<br />
busiest beach in Australia (maybe the world!)<br />
Our members were happy to chat to Graeme Kelly and our Austrian<br />
colleagues, discussing current issues at Council and future projects.<br />
It was a great day which gave our Austrian counterparts a unique<br />
opportunity to meet the famous Bondi Lifeguards.<br />
<strong>United</strong> <strong>Summer</strong> <strong>2018</strong> • 19
esponsible investment<br />
is the key to a great<br />
Why retirement<br />
The key to saving for a great retirement is to earn sustainable returns over the long term and the best way to<br />
do this is to ensure your super fund has a responsible investment strategy.<br />
At Local Government Super (LGS), we have a long standing commitment to responsible investment. This means<br />
we carefully consider a range of environmental, social and governance (ESG) factors every time we make an<br />
investment decision.<br />
Our aim is to invest in companies that have a positive impact on the community and the environment, and to<br />
be an active owner of all the investments in our portfolio. We also restrict investment in companies involved in<br />
activities that are detrimental to our community and the environment.<br />
POSITIVE INVESTMENTS<br />
The types of positive investment opportunities LGS seeks out include<br />
renewable energy generation such as solar and wind farms, sustainable<br />
agriculture, hospitals, schools and companies that clearly display<br />
sustainable business practices.<br />
Recently, LGS awarded a new fixed-income mandate to investment<br />
manager, PIMCO for approximately AUD$440 million for investment<br />
in global credit and government bonds. By restricting investments in<br />
some companies’ bonds and preferring investments in higher rated ESG<br />
companies, PIMCO integrates environmental, social and governance<br />
considerations into its investment practices.<br />
Earlier this year, we also made a new investment with private equity fund<br />
manager Actis to develop a 100MW wind farm in Kenya to help meet<br />
Africa’s rapidly growing demand for clean energy.<br />
Victorian Comprehensive Cancer<br />
Centre, an asset in the AMP Capital<br />
Community Infrastructure Fund.<br />
GREEN PROPERTY<br />
PORTFOLIO<br />
LGS manages one of the most<br />
sustainable direct property<br />
portfolios in Australia. Our aim is<br />
to earn long-term stable returns<br />
by minimising the environmental<br />
impact, and continually improve<br />
the sustainability performance,<br />
of the buildings in our property<br />
portfolio.<br />
Clare Solar Farm, an asset in the Lighthouse<br />
Solar Fund. Origin Energy has entered into a<br />
long term contract to purchase 100% of the<br />
electricity output generated by the project.<br />
The portfolio comprises a total of<br />
eight properties across New South<br />
Wales including commercial office<br />
buildings, retail centres and one<br />
industrial property.<br />
20 • <strong>United</strong> <strong>Summer</strong> <strong>2018</strong>
L0898 USU Winter Journal ad.indd 1<br />
MANAGING THE RISKS<br />
AND OPPORTUNITIES<br />
OF CLIMATE CHANGE<br />
LGS considers climate change<br />
to be one of the most significant<br />
4/07/2017 1:27:15 PM<br />
risks to our members’ long term<br />
retirement savings, however, it<br />
does also present some investment<br />
opportunities.<br />
In December 2017, the LGS<br />
property portfolio was awarded<br />
a 5-Star Green Star Performance<br />
rating, the first portfolio to<br />
achieve the rating in Australia.<br />
Green Star is an internationallyrecognised<br />
sustainability rating<br />
system and our performance rating<br />
represents ‘Australian Excellence’ in<br />
sustainability.<br />
ACTIVE OWNERSHIP<br />
As a long-term investor, LGS not<br />
only selects investments based<br />
on their potential to generate<br />
consistent returns for our members,<br />
we also ensure that the companies<br />
in which we invest achieve<br />
certain environmental, social and<br />
governance standards.<br />
We do this through ‘active<br />
ownership’ and this means<br />
engaging with companies by<br />
voting at annual general meetings<br />
(AGMs) and meeting directly with<br />
companies’ senior management<br />
and Board members.<br />
LGS holds shares in the majority<br />
of the top listed companies in<br />
Australia and overseas. Our aim is<br />
to vote at 100% of annual general<br />
meetings as we believe that it is<br />
important to fulfil our ownership<br />
obligations and rights that come<br />
with being a long-term shareholder.<br />
Bridge Plaza at Batemans Bay<br />
NSW, owned and managed by<br />
Local Government Super.<br />
DURING THE 2017/18 FINANCIAL YEAR,<br />
LOCAL GOVERNMENT SUPER:<br />
<br />
<br />
voted at 100% of company AGMs,<br />
676 meetings in total<br />
voted on 7,985 resolutions, voting<br />
against company management in<br />
15% of these resolutions<br />
On some occasions we lodge<br />
shareholder resolutions at company<br />
AGMs. In <strong>2018</strong>, we lodged two<br />
shareholder resolutions; one with<br />
mining giant Rio Tinto Ltd and<br />
the other with major insurer QBE<br />
Insurance Group.<br />
LGS co-filed a resolution requesting<br />
Rio Tinto to provide greater<br />
transparency and improved<br />
governance over its membership<br />
of industry associations whose<br />
position on energy and climate<br />
change issues are at odds with Rio<br />
Tinto’s formal public support for<br />
the Paris Agreement to keep global<br />
temperature increases below 2°C.<br />
We also co-filed a resolution with<br />
QBE Insurance Group urging the<br />
QBE board to better disclose how<br />
they are managing climate change<br />
risks.<br />
We remain very conscious<br />
of managing the risks and<br />
opportunities that come with<br />
new policies and regulations,<br />
technology changes, new markets,<br />
and reputational pressures. There<br />
are also the physical risks such as<br />
increased frequency and severity<br />
of major weather events as well<br />
as rising sea levels and changing<br />
temperatures.<br />
LGS has almost $1 billion invested<br />
in low carbon opportunities<br />
including renewable energy<br />
technology and generation,<br />
energy and water efficiency, waste<br />
and recycling, and sustainable<br />
agriculture.<br />
If you would like to join Local<br />
Government Super or find out more<br />
about our responsible investment<br />
strategy, just visit lgsuper.com.au<br />
Interior of MarketPlace at Leichhardt<br />
NSW, owned and managed by Local<br />
Government Super.<br />
This article has been issued by LGSS Pty Limited (ABN 68 078 003 497) (AFSL 383558), as Trustee for Local<br />
Government Super (ABN 28 901 371 321). This document contains factual information only and does not take<br />
into account your personal objectives, situation or needs. You should consider obtaining professional financial,<br />
taxation and/or legal advice tailored to your personal circumstances prior to making any financial decision.<br />
<strong>United</strong> <strong>Summer</strong> <strong>2018</strong> • 21
Apprentice<br />
of the year<br />
Each year the <strong>United</strong> Services Union presents two Awards to outstanding<br />
workers in recognition of the importance of Apprentices/Trainees and the<br />
workers who mentor them.<br />
The <strong>2018</strong> USU New Gen Committee<br />
Apprentice / Trainee of the Year<br />
– Jack Moy – Water Operations<br />
Trainee from the now Mid Coast<br />
Council (formerly of Mid Coast<br />
Water).<br />
Jack has already completed<br />
his Certificate III in Water<br />
Operations and is now currently<br />
further studying his Certificate<br />
IV. Information gathered by his<br />
nominators truly support Jack<br />
being a worthy recipient with the<br />
following direct quotes from the<br />
nomination:<br />
Mentor<br />
of the year<br />
“Jack has fitted in to the water<br />
division with no drama. His<br />
amicable personality and his strong<br />
work ethic have seen him progress<br />
quickly and efficiently to a point he<br />
has become an important part of<br />
the organisation.”<br />
“Jack is fully committed and has<br />
a strong work ethic, quick to learn<br />
and always thinks about safety.”<br />
“Jack has hit the ground<br />
running from the first day of his<br />
employment and works well with<br />
others and fits in well with our<br />
team.”<br />
On behalf of the New Gen<br />
Committee, the USU certainly<br />
congratulates Jack as a<br />
very worthy recipient of this<br />
prestigious Award.<br />
Genuine mentors provide the<br />
positive influences in the workplace<br />
that allow Apprentice/trainees and<br />
young workers to thrive.<br />
In recognition of that contribution<br />
we award the <strong>2018</strong> USU New Gen<br />
Committee Mentor of the Year<br />
to Stephen Stanton, Plumber<br />
from the now Inner West Council<br />
(formerly Marrickville Council).<br />
While undertaking his trade role<br />
Stephen has continually mentored<br />
and developed apprentices over the<br />
years. Information gathered by his<br />
nominators truly support Stephen<br />
being a worthy recipient with the<br />
following direct quotes from the<br />
nomination:<br />
“I’d just like to say in support of<br />
Stephen’s nomination that he has<br />
this ability to handle young people<br />
- this is nothing short of amazing.”<br />
“Steve builds a good rapport from<br />
the beginning and obviously has a<br />
lot of skills, advice and experience<br />
to pass onto young apprentices.”<br />
“I believe he (Stephen) is a wellrespected<br />
member of the team<br />
and apprentices hold him in high<br />
regard.”<br />
On behalf of the New Gen<br />
Committee, the USU certainly<br />
congratulates Stephen as a<br />
very worthy recipient of this<br />
prestigious Award.<br />
Are you in the workplace<br />
between the ages of 16 to 35?<br />
Interested in connecting with<br />
your New Gen Committee to<br />
assist promote the collective<br />
interests of fellow younger<br />
workers? Contact USU<br />
Organiser Luke Hutchinson 0419<br />
761 323 or lhutchinson@usu.<br />
org.au to find out more today.<br />
22 • <strong>United</strong> <strong>Summer</strong> <strong>2018</strong>
USU CONFERENCE <strong>2018</strong><br />
This year’s State Conference was held at<br />
the Twin Towers Services Club in Tweed<br />
Heads from 11-14 September.<br />
Once again presentations and workshops<br />
were held giving conference delegates<br />
the opportunity to discuss campaigning<br />
strategies for the year ahead as well as<br />
present and discuss motions from their<br />
Branches. ACTU Secretary Sally McManus<br />
and Unions NSW Secretary Mark Morey<br />
discussed the Change the Rules campaign.<br />
Our Conference was an outstanding success<br />
with special recognition being made to our<br />
Delegate of the Year, Life Members and<br />
other Award winners.<br />
Special tribute was also paid to Steve<br />
Birney at what was his last conference as<br />
President, after serving USU members in<br />
this role for over 20 years. Steve is retiring<br />
next year following an outstanding career in<br />
local government and a lifetime dedication<br />
to the members of our great union.<br />
Check out pages 24-26 for more - we<br />
thank all the delegates for their contribution<br />
as well as our sponsors: Carroll & O’Dea<br />
Lawyers; Local Government Super and EISS<br />
and ME Bank.<br />
Sally McManus<br />
and Graeme Kelly<br />
Hotel: Metro Hotel Marlow, Sydney Central<br />
Address: 431-439 Pitt Street, Haymarket NSW 2000<br />
(Cnr Pitt & Campbell Streets)<br />
ACCOMMODATION<br />
Phone: (02) 9281 6999<br />
Hotel: Metro Hotel Marlow, Sydney Central KEY SPONSORS<br />
Address: 431-439 Pitt Street, Haymarket NSW 2000<br />
(Cnr Pitt & Campbell Streets)<br />
Phone: (02) 9281 6999<br />
NSW Opposition Leader<br />
Steve Birney<br />
KEY SPONSORS<br />
Michael Daley and<br />
Sharon Sewell<br />
SPONSORS<br />
ACCOMMODATION<br />
OUR CONFERENCE SPONSORS<br />
Add Botany print.<br />
Mark Morey<br />
L0898 USU Winter Journal ad.indd 1<br />
Add Botany print.<br />
** Program subject to change without notice<br />
4/07/2017 1:27:15 PM<br />
<strong>United</strong> <strong>Summer</strong> <strong>2018</strong> • 23
USU delegates get behind the<br />
CHANGE THE RULES campaign<br />
giving guest speaker Sally<br />
McManus a standing ovation!<br />
CONFERENCE <strong>2018</strong>:<br />
Shadow Minister for<br />
Local Government The<br />
Hon. Peter Primrose<br />
Clr Linda Scott,<br />
President Local<br />
Government NSW<br />
TOP: Motion of thanks<br />
for Steve Birney. BELOW:<br />
Delegates applaud Sally<br />
McManus<br />
24 • <strong>United</strong> <strong>Summer</strong> <strong>2018</strong>
Time to<br />
unwind at the<br />
Conference<br />
dinner and<br />
thank Steve<br />
Birney.<br />
Graeme Kelly pays tribute<br />
to Steve Birney’s wife and<br />
daughters. “Being USU<br />
President for over 20 years<br />
is a family commitment!”<br />
CHANGE THE RULES<br />
A great<br />
opportunity<br />
for a catch up<br />
... and a bit of<br />
fun!<br />
<strong>United</strong> <strong>Summer</strong> <strong>2018</strong> • 25
DELEGATES SHINE @ CONFERENCE <strong>2018</strong><br />
DELEGATE OF THE YEAR: COBY ROOIMANS<br />
At this year’s Conference Coby Rooimans was<br />
the <strong>2018</strong> recipient of the <strong>United</strong> Services Union’s<br />
Delegate of the Year Award.<br />
NIB Health Fund Delegate, Coby Rooimans is a<br />
motivated, passionate, tenacious and dedicated<br />
delegate for the USU who has successfully negotiated<br />
claims for inclusion in NIB Enterprise Agreements<br />
including significantly improved redundancy<br />
provisions. Coby had the Domestic Violence<br />
provisions, based on the ASU model, applied<br />
internationally through NIB; has activated members;<br />
has had workplace policies changed to include<br />
superannuation on paternity leave; and supports her<br />
fellow members through workplace issues, taking it up<br />
to the CEO if she has to. Coby has earned the respect<br />
of the members and management alike and is the<br />
USU’s <strong>2018</strong> Delegate of the Year.<br />
Coby Rooimans has been a delegate since April 2013<br />
and took over the role of Senior Delegate when the<br />
Senior Delegate left NIB to take up a role as a Union<br />
Organiser in 2015.<br />
Coby was the lead delegate in the 2015 Enterprise<br />
Agreement negotiations where, among other claims,<br />
she passionately and successfully pursued NIB for<br />
significantly improved Redundancy Provisions for USU<br />
members.<br />
Recently, along with her Organiser, Coby pursued<br />
NIB to introduce a Domestic Violence Policy that<br />
aligned with the ASU provisions to enable a safe and<br />
supported Policy and provisions for USU members<br />
should anyone find themselves in such a difficult and<br />
harrowing circumstance. This Policy is in the final<br />
stages of approval and will apply internationally across<br />
the whole Organisation from Australia to New Zealand,<br />
Thailand and Ireland. The Policy will include all of the<br />
agreed provisions as per the ASU provisions which<br />
include 10 days leave plus additional leave approved<br />
by HR if required among other important provisions.<br />
Coby also, with the support of her Organiser, pursued<br />
and was successful in changing NIB’s Paternity Leave<br />
Policy to include full payment of Superannuation on<br />
Paternity Leave.<br />
Graeme Kelly and Steve Birney<br />
present Coby with her Award<br />
at Conference <strong>2018</strong>.<br />
Coby’s passion, principles and selflessness proves that<br />
she is a great delegate who cares about her members.<br />
Her leadership skills have proven that she can get<br />
results which has earned her great respect from<br />
Management.<br />
Other nominees for the Award were: Paul Brown, Chris<br />
McLennan, John Foster, David King, Chris Browning,<br />
Art Jenkins and Brent Kelso.<br />
LIFETIME MEMBERSHIP<br />
The following members were presented with Life<br />
Membership:<br />
Kevin Woodman, Energy & Utilities, Essential Energy;<br />
Jim Greiss, Metropolitan Salaried Officers’ Branch;<br />
Campbelltown Council;<br />
Bev Spearpoint, Metropolitan Salaried Officers’<br />
Branch, Penrith Council;<br />
Thomas Baker, Newcastle Branch, Central Coast<br />
Council;<br />
Graham Zell, Northern Branch, Nambucca Shire<br />
Council;<br />
John Foster, Newcastle Branch, Lake Macquarie<br />
Council.<br />
CERTIFICATES OF MERIT<br />
Certificates of Merit were awarded to these delegates<br />
for their outstanding contribution to the union:<br />
Sue Thomas, NSW C&A Branch, NRMA Gosford;<br />
Steve Gillespie, NSW C&A Branch, NRMA Sydney<br />
Olympic Park;<br />
Margaret Tighe, Riverina Branch, Hay Shire Council.<br />
26 • <strong>United</strong> <strong>Summer</strong> <strong>2018</strong>
ENERGISING<br />
THE USU<br />
CONFERENCE<br />
EISS Super, the energy industry super fund,<br />
attended the USU conference held at Tweed Heads<br />
in October. Throughout the day, the team at EISS<br />
Super spoke to delegates about the importance of<br />
superannuation and how making smart decisions now<br />
can set you up for the future.<br />
At night, USU members were encouraged to let their<br />
hair down and pick up the microphone at a lively<br />
karaoke battle sponsored by EISS Super. Secretary<br />
Graeme Kelly and other members of the USU<br />
leadership team put up fierce performances but it was<br />
Jane Cook, from Central West Branch and Katie Gillen,<br />
from the NSW Clerical & Administrative Branch, who<br />
took out the title for best singers of the night, each<br />
winning brand new iPads.<br />
EISS Super CEO, Alex Hutchison, said EISS Super<br />
always enjoys supporting USU members, both through<br />
union activities and helping members achieve the<br />
retirement they deserve.<br />
The EISS Super<br />
team at the USU<br />
Conference, (L to R)<br />
Paul Lister, Daniel<br />
Weizman and Matt<br />
Buttsworth.<br />
EISS Super CEO Alex Hutchison<br />
addressing the USU conference.<br />
“I always enjoy attending the<br />
USU conference and meeting<br />
our members, it’s great to<br />
talk to people face to face<br />
about the importance of<br />
superannuation and how EISS<br />
Super can help them secure<br />
the retirement they deserve.”<br />
- Alex Hutchison,<br />
CEO EISS Super<br />
FOR MORE INFORMATION ON HOW TO JOIN<br />
EISS SUPER, VISIT EISUPER.COM.AU/JOIN.<br />
Support the super fund<br />
that supports you!<br />
EISS Super has supported USU members since our establishment in 1997 and beyond.<br />
We’re proud of our relationship with the union and committed to providing members<br />
with outstanding service, value for money, solid long-term investment returns and<br />
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As an industry fund, we work closely with our members so they can enjoy the<br />
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50056_USU_Ad_136.5x210_vF.indd 1<br />
12/11/18 11:45 am<br />
<strong>United</strong> <strong>Summer</strong> <strong>2018</strong> • 27
PRACTICAL ASPECTS OF MAKING AND MANAGING A WORKERS COMPENSATION CLAIM<br />
AN INJURED WORKER<br />
IS NOT A DOORMAT<br />
Managing a workers compensation claim can be a difficult process for injured workers. Workers face a number of<br />
misconceptions as to what their employer and workers compensation insurer are entitled to do and request when assessing<br />
a claim for compensation as well the extent to which workers are required to co-operate with them.<br />
Too many workers are presumed upon by their employer, insurer or the insurer’s agent (for example an investigator or<br />
medical practitioner) when lodging a workers compensation claim.<br />
While an injured worker has an obligation to cooperate with their employer and the insurer in making a claim for<br />
compensation, this does not mean they have to capitulate or just give up and do anything directed by the insurer,<br />
particularly when doing so may cause pain, inconvenience and distress to the worker.<br />
Here we take a quick look at some common areas of confusion for workers, and hopefully clarify what they are and are<br />
not required to do.<br />
<br />
REPORTING AN<br />
INJURY<br />
An injured worker’s (hereafter “worker”)<br />
first obligation is to report their injury<br />
to the employer. That report can be<br />
made verbally, however it is safer<br />
that it be made in writing. Different<br />
workplaces will have different ways<br />
in which injuries can be reported but<br />
importantly an employer must keep an<br />
easily accessible register of injuries.<br />
A worker must report their injury to<br />
their employer as soon as possible<br />
after the injury happens. In saying that,<br />
there can be special circumstances<br />
that explain a delay in reporting an<br />
injury. For example, a worker may not<br />
appreciate at the time of an incident<br />
that they have been injured or they<br />
may not immediately understand the<br />
relationship between symptoms they<br />
are experiencing and their employment.<br />
All injuries should be reported to the<br />
employer, even if it is not clear the<br />
worker will need to take time off work<br />
or have medical treatment.<br />
<br />
MAKING A<br />
CLAIM FOR<br />
COMPENSATION<br />
If a worker needs to access medical<br />
treatment or take time off work, they<br />
should lodge a “Workers Injury Claim<br />
Form.” That form needs to be lodged<br />
within six months of injury unless<br />
special circumstances apply.<br />
If an injury does require time off<br />
work, the worker should make sure all<br />
periods of incapacity are covered by<br />
a particular type of medical certificate<br />
specific to workers compensation<br />
claims. These certificates have had<br />
many names over the years and are<br />
current known as a “State Insurance<br />
Regulatory Authority – Certificate of<br />
capacity / Certificate of fitness”.<br />
It is desirable to lodge the Claim Form<br />
and the medical certificate at the same<br />
time.<br />
Once a Claim Form is lodged the clock<br />
starts to tick against the insurer and<br />
ordinarily they have only 21 days to<br />
either accept or decline liability.<br />
For a claim for medical treatment, the<br />
worker’s treating doctor should provide<br />
a specialist referral or recommendation<br />
for the treatment being sought. If the<br />
insurer needs more information about<br />
the treatment they should contact the<br />
treating doctor directly.<br />
At times the insurer will take a view that<br />
they have insufficient information about<br />
a claim and may wish to investigate the<br />
circumstances. These investigations<br />
can involve a medical appointment,<br />
hiring an outside investigator, or both.<br />
<br />
MEDICAL<br />
EXAMINATION<br />
FOR THE INSURER<br />
When investigating a claim for<br />
compensation the insurer may be<br />
entitled to have a worker examined by<br />
an independent medical specialist. That<br />
entitlement will vary depending on the<br />
nature of a claim.<br />
In arranging those medical<br />
appointments many insurers appear<br />
to have preference to have workers<br />
see a doctor in Sydney or other large<br />
regional centres, which can mean<br />
putting an injured worker from the<br />
country on a plane at 6.30am in the<br />
morning to have them come to Sydney<br />
and then return home in the late<br />
afternoon. That can easily mean a 14 or<br />
15 hour day door-to-door.<br />
There is no presumption that the<br />
insurer is entitled to make such<br />
a request. A worker should be<br />
comfortable requesting that the<br />
medical be arranged in a regional town<br />
near where they live at a reasonable<br />
time of day that permits them to travel<br />
there. It may not always be possible to<br />
make those arrangements, but insurers<br />
should be making genuine efforts to<br />
accommodate workers’ location.<br />
The insurer has an obligation to cover<br />
the reasoning travelling costs incurred<br />
by a worker in attending that medical<br />
appointment, including reimbursement<br />
for driving expenses, wage loss and<br />
meal costs. The worker should keep<br />
receipts for any expenses they incur.<br />
If a worker is unable to drive<br />
themselves to the appointment they<br />
may have another person travel with<br />
them and act as a driver. In those<br />
circumstances the insurer will again<br />
be liable not just for the cost of travel<br />
but also the sustenance and any<br />
refreshments needed for the driver,<br />
though you cannot claim the driver’s<br />
wages. A medical certificate should be<br />
obtained as evidence that the worker<br />
requires a driver or support person.<br />
In some cases, particularly for<br />
psychological injuries, it may be<br />
necessary for a worker to take a support<br />
person into the medical assessment.<br />
Some employers want to escort or<br />
28 • <strong>United</strong> <strong>Summer</strong> <strong>2018</strong>
accompany injured workers to medical<br />
examinations arranged by the insurer,<br />
telling workers that they have a policy<br />
framework that allows and justifies this<br />
approach. It’s largely nonsense.<br />
A worker does not need to be escorted<br />
or chaperoned to a medical if they<br />
have agreed to be assessed in Sydney<br />
or anywhere else. They do not need<br />
to make themselves the subject of<br />
observation by the employer, who<br />
may report back to the insurer how the<br />
worker conducts themselves on the<br />
plane, getting from the airport to the<br />
appointment, or walking around the city.<br />
Certainly an employer representative<br />
should never be in attendance during<br />
the independent medical examination.<br />
They are not a support persons and<br />
simply do not need to be in the room.<br />
<br />
OTHER<br />
INVESTIGATIONS<br />
BY THE INSURER<br />
The insurer may wish to undertake an<br />
investigation into the circumstances of<br />
a workers injury and are entitled to do.<br />
A common part of that process is that<br />
the worker will be asked to speak with<br />
an investigator and provide a witness<br />
statement.<br />
During this process it is important to<br />
remember the investigator has no right<br />
to come into a worker’s home to take<br />
the witness statement or to even knock<br />
on the front door. The statement can<br />
be taken anywhere and the worker can<br />
arrange for a meeting at the employer’s<br />
premises or another neutral location.<br />
The worker has no obligation to<br />
immediately sign a witness statement<br />
for the investigator. Workers should<br />
feel comfortably asking for the<br />
statement to be provided to them in<br />
draft form to give them some time to<br />
think about it and make changes if<br />
need be before sending it back.<br />
These investigations often happen<br />
at times where the worker is totally<br />
unfit for work, in significant pain and<br />
discomfort, affected by medication or<br />
suffering from a psychological injury.<br />
Workers are entitled to have a support<br />
person with them when seeing the<br />
investigator and should request one be<br />
present if needed.<br />
<br />
EMPLOYER’S<br />
OVERSIGHT OF<br />
YOUR CLAIM<br />
Employers have policies in relation<br />
to a wide range of issues which can<br />
certainly include the management of<br />
workers compensation claims.<br />
However, the backbone for any<br />
policy and its enforceability comes<br />
down to whether it is a lawful and<br />
reasonable exercise of managerial<br />
prerogative, which would at least<br />
require the policy to be consistent with<br />
legislative framework of the workers’<br />
compensation regime.<br />
So for example, there is nothing wrong<br />
with an employer having a policy<br />
that requires workers to promptly<br />
report injuries – that is an obligation<br />
under the Act anyway. What may be<br />
objectionable is a policy that requires<br />
injured workers need to see the<br />
“company doctor” before they are able<br />
to seek their own medical advice.<br />
Such policies are highly contentious<br />
and can lead to workers waiting in<br />
an inordinate amount of time to see<br />
the company doctor and then being<br />
subject to directions that once they<br />
have seen the doctor they must<br />
immediately attend for an interview by<br />
a company representative.<br />
Workers do not need to see the<br />
“company doctor” and should feel<br />
comfortable seeking treatment from<br />
their own preferred providers. You<br />
decide who treats you, not your<br />
employer.<br />
It is at workers’ own risk if they let the<br />
employer become their nominated<br />
treating doctor. What might appear<br />
easy or as just “trying to get along” is<br />
not always best.<br />
Another area of concern is the way in<br />
which the employer seeks to manage a<br />
workers return to work. As part of the<br />
return-to-work process the employer<br />
may ask a worker to attend a medical<br />
appointment to assess their fitness for<br />
work and set up a meeting with a return<br />
to work co-ordinator.<br />
When seeing a doctor to discuss a<br />
return to work an intrinsic part of<br />
that process is the actual medical<br />
consultation, which can involve an<br />
examination, a discussion with the<br />
doctor or both. No return to work<br />
coordinator or injury management<br />
consultant should be sitting in on that<br />
consultation and workers should not<br />
feel pressured to allow them to do so.<br />
The return to work co-ordinator may<br />
want to participate in the second<br />
stage of the process, which involves<br />
a discussion about capacity for<br />
work, the availability of suitable<br />
duties and an injury management<br />
plan, but importantly this is a<br />
separate discussion from the workers<br />
consultation with their doctor.<br />
<br />
WHAT TO DO IF<br />
YOU’RE HAVING<br />
PROBLEMS WITH<br />
YOUR CLAIM?<br />
Firstly, it is strongly recommended that<br />
a worker does not let the insurer or<br />
their employer walk all over them. An<br />
injured worker is not a doormat.<br />
Many controversies can arise in the<br />
management of a compensation claim,<br />
including:<br />
Is the right rate of weekly<br />
compensation being paid?<br />
Has the insurer been too slow in<br />
considering or approving medical<br />
treatment?<br />
What if the worker doesn’t agree<br />
with the injury management plan?<br />
What happens if liability is<br />
declined and the employer<br />
withdraws suitable duties?<br />
What happens if liability is<br />
accepted and the worker is<br />
cleared for suitable duties but the<br />
employer does not provide them?<br />
Workers have a right to ask these<br />
questions and the employer’s answer is<br />
not necessarily the end of the matter.<br />
Just because the employer says that<br />
it has no suitable duties, that doesn’t<br />
mean the issue can’t be taken further.<br />
There can be legitimate disputes in<br />
relation to the provision of suitable<br />
duties and these matters can be very<br />
important in terms of what the worker<br />
is earning.<br />
A worker with concerns as to how their<br />
claims have been managed can lodge a<br />
complaint with WIRO. That can initially<br />
be by telephone (ph: 139 476) and<br />
WIRO will then, on behalf a worker,<br />
formulate a request to the insurer<br />
which should be responded to with 48<br />
hours.<br />
Any worker is always welcome to<br />
call us at Carroll & O’Dea to clarify<br />
their entitlements and of course they<br />
can review the matter with the USU,<br />
including at the local delegate and<br />
organiser level.<br />
MICHAEL BARNES, PARTNER<br />
Email: mbarnes@codea.com.au<br />
Phone: (02) 8226 7356<br />
<strong>United</strong> <strong>Summer</strong> <strong>2018</strong> • 29
GREAT BENEFIT FOR USU MEMBERS!<br />
Take a break<br />
Being a USU member<br />
means you and your<br />
family can stay at our<br />
beautiful resort at Port<br />
Macquarie for special<br />
rates - all year round.<br />
Do yourself a favour and<br />
book your stay today!<br />
USU Riverside Resort @ Port<br />
USU members can enjoy great holidays at the Union’s own Riverside Resort, located in beautiful Port<br />
Macquarie on the Hastings River. The resort consists of a Motel and a Caravan Park, so no matter what<br />
type of holiday you are after your needs are covered. You can contact the motel or caravan park by calling<br />
Riverside Resort @ Port on 02 6584 9155 or check the website at www.riversideresortatport.com.au. You<br />
can also call the Union’s Head Office on 1300 136 604 for more information.<br />
Or holiday in Jervis Bay!<br />
SPECIAL RATES<br />
FOR USU MEMBERS<br />
Save up to $245<br />
per week! Check<br />
out more at www.<br />
riversideresortatport.<br />
com.au.<br />
<strong>United</strong> Services Union members also have the option of heading south to Jervis Bay at the Rail Tram and Bus<br />
Union Holiday Park. USU members can stay at discounted member rates.* Located in the Booderee National<br />
Park, the RTBU Holiday Park at Jervis Bay, is just a 3 hour drive south from Sydney, but a world away ...<br />
Bookings can be made by telephoning the RTBU Office on (02) 9264 2511.<br />
* conditions apply<br />
Check out our new<br />
renovations @ Riverside!<br />
Stay on the river<br />
4 star accommodation<br />
Fantastic facilities<br />
www.riversideresortatport.com.au | (02) 6584 9155 | riversideresort@usu.org.au<br />
30 • <strong>United</strong> <strong>Summer</strong> <strong>2018</strong>
FANTASTIC 3 BEDROOM COTTAGE!<br />
GREAT FOR A FAMILY BREAK<br />
Many members may not know that<br />
our Riverside Resort includes a<br />
three bedroom cottage that sleeps<br />
up to 8 people.<br />
What’s even better, with our great<br />
USU member discounts, members<br />
can save up to $245 per week when<br />
they stay.<br />
So next time you’re looking for<br />
a family or group break why not<br />
contact Riverside on 02 6584 9155<br />
and stay in comfort right on the<br />
beautiful Hastings River?<br />
www.riversideresortatport.com.au | (02) 6584 9155<br />
riversideresort@usu.org.au<br />
SICK OF MISSING OUT ON<br />
HOLIDAYS DURING PEAK SEASON?<br />
Riverside Peak Season Ballot for 2019/2020 is open!<br />
IT’S THAT TIME OF YEAR AGAIN!<br />
The summer break is approaching<br />
and affordable accommodation is<br />
impossible to find! You may have<br />
missed this summer break but don’t<br />
get caught out next year!<br />
Riverside Resort @ Port is owned<br />
by the USU and to ensure fair<br />
access for our members and their<br />
families during this popular time our<br />
Riverside Resort @ Port holds a<br />
ballot each year.<br />
Our ballot ensures that <strong>United</strong><br />
Services Union members are given<br />
priority for accommodation during<br />
peak season.<br />
The Ballot for <strong>2018</strong>/19 was held<br />
earlier this year and we have now<br />
officially opened the ballot for<br />
<strong>Summer</strong> 2019/20 to make sure our<br />
members get a head start!<br />
WHEN IS THE PEAK SEASON<br />
FOR 2019/20?<br />
The Ballot applies for the period<br />
Saturday 14 December 2019 to<br />
Saturday 25 January 2020.<br />
WHEN DOES THE BALLOT FOR<br />
2019/20 CLOSE?<br />
This Ballot will close 31 May 2019<br />
and the relevant members will be<br />
notified by 30 June 2019.<br />
<strong>United</strong> <strong>Summer</strong> <strong>2018</strong> • 31
GREAT WORK FROM<br />
DELEGATES DELIVERS<br />
AT LAKE MACQUARIE<br />
The <strong>2018</strong> Lake Macquarie Enterprise Agreement has been approved by<br />
the NSW Industrial Relations Commission. Negotiations began in January<br />
<strong>2018</strong> and the Agreement was lodged in the Commission on the 21st of<br />
August. The negotiations were based on the interest-based model of<br />
negotiation. <strong>United</strong> Services Union Delegates Julie Louis, Steve Thomas,<br />
Sue Edgar, Peter Frame, George Vesovski and John Foster worked hard<br />
representing our members throughout the negotiation process and<br />
attended many sub-committee meetings ensuring that our membership’s<br />
conditions were retained and improved upon.<br />
The outcome of negotiations were that no existing conditions were lost.<br />
Wage increases of 2.6%, 2.7% and 2.75% were gained over the life of the<br />
three year agreement.<br />
Time in lieu is now accrued at one and a quarter time when worked at<br />
a penalty rate of time and a half and accrued at time and a half when<br />
worked at a penalty of double time. This balance does revert to normal<br />
time after 12 months if not taken.<br />
It was identified during negotiations that there are cases of employees<br />
being paid allowances that are not formally recognised. Council has given<br />
a commitment to continue paying these allowances and negotiate and<br />
formalise them as they are discovered.<br />
USU SCHOLARSHIPS <strong>2018</strong><br />
Each year the USU awards with ambitions for higher<br />
Studies Operation Certificates.<br />
two scholarships, the Phil achievements in the sport arena. Category 3. University Studies<br />
Smyth Scholarship to assist with Applicants for both scholarships Category 4. Industry<br />
the costs of higher education are required to be full-time<br />
Scholarship Contribution<br />
and the John Beacroft Memorial students, must be a child of a<br />
Scholarship/Grant to assist with<br />
The John Beacroft Grants will<br />
member, with the member having<br />
expenses related to sporting at least five continuous years of<br />
be open from 1st January to 31st<br />
ambition.<br />
membership.<br />
October of each year and will<br />
be approved at each Executive<br />
The Union has supported<br />
Phil Smyth Scholarships are<br />
Meeting until funds for that year<br />
members and their families awarded in four categories and are<br />
are exhausted.<br />
through the Phil Smyth Memorial open until 28 February 2019:<br />
Scholarship program for a<br />
Category 1. Secondary<br />
These scholarships are to assist<br />
number of years and from 2017 Education<br />
members on low incomes.<br />
has assisted USU members (or Category 2. Tertiary Education, Members are encouraged<br />
dependants), who demonstrate Industrial Relations Studies or to apply for the scholarships.<br />
outstanding sporting attributes Local Government Foundation Find out more at www.usu.org.au<br />
FULL DETAILS, CONDITIONS & APPLICATION FORMS ARE AVAILABLE AT WWW.USU.ORG.AU<br />
32 • <strong>United</strong> <strong>Summer</strong> <strong>2018</strong>
DELEGATES IN THE SPOTLIGHT<br />
Ken Sewell and Andrew<br />
Cole are two of the<br />
outdoor delegates at<br />
Port Stephens Council.<br />
There is a huge<br />
difference in years of<br />
service and experience<br />
but not surprisingly both<br />
are dedicated to the USU<br />
and our values.<br />
Northern Organiser<br />
Steve Jones caught up<br />
with both delegates<br />
recently for a quick chat.<br />
HOW LONG AT COUNCIL:<br />
Ken: Coming up to 34 years<br />
Andrew: Approximately 5 years<br />
WHY DID YOU WANT TO BECOME A<br />
DELEGATE?<br />
KEN: Coming from a working class background,<br />
I have always felt a strong connection to fairness<br />
and equity for all workers. I watched Dad and the<br />
old Waterside Workers Union fight for a fair go, fair<br />
pay and for all workers to be treated with respect<br />
and dignity. This is what union is and what the USU<br />
represents, fairness for all.<br />
ANDREW: I have always believed in the strength of<br />
union, and wanted to go to the next step; to give<br />
voice to those that may not always be able to speak.<br />
I also wanted to improve my knowledge on industrial<br />
issues so that I could support my colleagues to<br />
ensure the best outcome for them. The knowledge I<br />
am gaining with the USU is also helping me toward<br />
a better future and understanding of the colleagues I<br />
work with.<br />
BEST PART OF BEING A DELEGATE:<br />
KEN: Being involved in the process of council. To<br />
make sure that council policies are applied fairly<br />
across all staff, not just for the few. Meeting a<br />
HOW LONG A DELEGATE:<br />
Ken: Coming up to 31 years!!!<br />
Andrew: 6 months<br />
Delegates Andrew Cole<br />
(L) and Ken Sewell<br />
diverse range of people and understanding their<br />
needs and wishes for a successful council career.<br />
Supporting workers is for me, a highlight. That<br />
support can be varied, from representing members<br />
at meetings, explaining policy, being part of<br />
various committees (Ken is a member of both the<br />
Consultative Committee and is Outdoor Staff HSR).<br />
The knowledge I have gained from this, and from<br />
the union on industrial matters, is of importance to<br />
me as well. Explaining to new staff the importance<br />
of the USU in council and the many benefits that are<br />
available to union members.<br />
ANDREW: For me it is the support I can offer to my<br />
fellow workers/colleagues. To know that myself, I<br />
represent the mighty USU to fight for a fair outcome.<br />
To be part of the union, therefore USU strength, is<br />
enabling better conditions and pay for our members.<br />
To be able to explain and have the trust of the members<br />
to talk through any issues they may be having. By<br />
sticking together we can all achieve great things.<br />
ORGANISER STEVE JONES: “Being a delegate was<br />
one the highlights of my career and I recommend any<br />
member becoming a delegate - Port Stephens Council<br />
members are in great hands with all delegates.”<br />
<strong>United</strong> <strong>Summer</strong> <strong>2018</strong> • 33
WINNING<br />
@ BYRON<br />
It’s been quite a busy time at Byron<br />
Shire Council with many meetings<br />
covering a range of issues, all<br />
with one thing in common - the<br />
underpayment of their employees.<br />
It all kicked off with a meeting with<br />
the Manager of Water and Waste<br />
Water Mr Peter Reese regarding<br />
what constitutes a Sewer Choke<br />
and the differing opinion of Council<br />
to that of the USU. Meetings were<br />
attended by Wayne Orton (USU),<br />
John Hickson (USU) and Steve<br />
Birney (Tweed Shire Council) as<br />
Tweed Council’s agreement was<br />
being used as a template in regard<br />
to what would be accepted.<br />
Organiser Wayne Orton attended<br />
the meeting with a barrage of<br />
photos supplied by the members<br />
who were being denied the<br />
payment, each photo, in the<br />
opinion of the USU, was that of<br />
a sewer choke. Mr Orton held up<br />
each photo and asked the Manager<br />
to comment on the photo. Mr<br />
Reese finally agreed that what was<br />
presented would be accepted and<br />
recommended to the Director, Mr<br />
Phillip Holloway, that the sewer<br />
choke claims would be accepted<br />
as at the date of the meeting. Mr<br />
Reese then went on to add the<br />
other chokes previously claimed<br />
would not be paid retrospectively;<br />
the Union argued that the works<br />
were performed and the payment<br />
they had denied should be paid<br />
back to an agreed date. All agreed<br />
with the date suggested. The<br />
proposal was taken back to the<br />
members and voted in. WIN<br />
The next issue at Byron Council<br />
was a pay rate disparity, from<br />
Multi Skilled Labourer (Grade 2);<br />
basic operation of Lawn Mowers<br />
Whipper Snippers and the like, to<br />
Works Labourer (Grade 1) working<br />
with vastly different requirements<br />
within the Water and Sewer teams,<br />
performing construction duties,<br />
also maintenance of infrastructure<br />
and from Plant Operator (Grade<br />
36 EMPLOYEES IN TOTAL<br />
AFFECTED.<br />
THE TOTAL BACK<br />
PAY AMOUNT WAS<br />
APPROXIMATELY<br />
$70,000 PAID ON THE 26<br />
SEPTEMBER <strong>2018</strong>.<br />
THE TOTAL GRADE<br />
INCREASE AMOUNT<br />
AWARDED TO THE<br />
EMPLOYEES, $55,127<br />
FROM AUGUST <strong>2018</strong>.<br />
1) operating varied Plant and<br />
Equipment to (Supervisors Grade<br />
3), supervising all aspects of the<br />
other roles. Although there are<br />
many similarities in the roles, in<br />
the view of the USU the differences<br />
should have a higher remuneration<br />
due to the complexity and nature<br />
of those differences.<br />
The current grading system had<br />
the Multi Skilled Labourer paid<br />
more than the Works Labourer and<br />
the Plant Operator, and not much<br />
less than the Supervisors. The<br />
Union made Council aware of the<br />
disparity, outlining the significant<br />
skills needed to perform the role of<br />
Plant Operator.<br />
34 • <strong>United</strong> <strong>Summer</strong> <strong>2018</strong>
The USU made Council aware<br />
of the vastly superior Essential<br />
Criteria requirements of the<br />
role of Plant and Machinery<br />
Operator and that these should<br />
be remunerated correctly to cover<br />
the demonstrated experience,<br />
competencies, and Safe Work<br />
NSW Certification for the operation<br />
and maintenance of Major Plant<br />
and Equipment. The Union<br />
informed Council that specialised<br />
training is required to achieve the<br />
necessary/required skills to enable<br />
the employees, under the tuition<br />
of the Plant Operator, to have the<br />
ability to be accredited to operate<br />
the machinery outlined in the Role<br />
Description.<br />
USU Industrial Officer Noel Martin<br />
and Organiser Wayne Orton<br />
attended a yard meeting at Byron<br />
Depot and asked the relevant<br />
members to outline their individual<br />
grievances so they could be taken<br />
to the General Manager and the<br />
Manager of People and Culture.<br />
USU representatives Noel Martin<br />
and Wayne Orton went to the<br />
meeting with 10 grievances in hand<br />
and addressed each one with the<br />
General Manager. The GM was<br />
supportive of the suggestions put<br />
forward by the Union.<br />
In addition to our suggestions<br />
regarding Grade rates and<br />
remuneration the Union also<br />
asked for back payment to be<br />
implemented to August 2017 (the<br />
date the Better Byron Crew, was<br />
given their increase). Council<br />
agreed with the back payment,<br />
excluding overtime; the Union<br />
argued however, that the work had<br />
been completed within the time<br />
frame of the back pay, therefore<br />
the increased overtime rate<br />
should be paid; Council eventually<br />
capitulated. WIN<br />
WHAT WE WON!<br />
Back pay/higher duties for affected Works staff from 28 August 2017 to<br />
date of implementation of Works restructure as follows: Labourers to be<br />
paid Grade 2, Plant Operators to be paid Grade 3 and Supervisors to be<br />
paid at Grade 5 from 28 August 2017, with higher duties applicable up to<br />
implementation of Works Restructure (likely Sept/October).<br />
On implementation of Works Restructure, Labourers (Grade 1) to be<br />
directly appointed to regraded Multi Skilled Labourer (Grade 2) positions<br />
on a permanent basis.<br />
On implementation of Works Restructure, Plant Operators (Grade 2) to<br />
be directly appointed to regraded Multi Skilled Plant Operator (Grade 3)<br />
positions on a permanent basis.<br />
On implementation of Works Restructure, newly created Supervisor<br />
positions (regraded from Grade 3 to Grade 5) will be internally advertised<br />
with current incumbents (and other interested current staff) being required<br />
to reapply; where no application is submitted, or they are unsuccessful<br />
through the recruitment process, they will be entitled to redeployment to a<br />
suitable position at their substantive Grade 3, or a redundancy payment.<br />
The back pay will be paid at ordinary time rates (no allowance for overtime<br />
that may have been undertaken during the back pay period) and Council<br />
will pay this during all periods of paid leave since 28 August 2017, up until<br />
3 August <strong>2018</strong> eg. where an employee has taken annual leave, sick leave,<br />
or long service leave, they will attract the back pay at the higher rate. Any<br />
periods of leave without pay will not attract back pay at the higher rate.<br />
Council will only pay back pay for those affected staff employed by<br />
Council as at 2 August <strong>2018</strong>. No former staff will be entitled to this back<br />
pay and staff employed after 28 August 2017 will only receive the back pay<br />
for the period they have been employed by Council.<br />
Council committed to make all reasonable attempts to ensure the back<br />
pay and higher duties monies were paid to affected staff before or on<br />
Wednesday 12 September.<br />
<strong>United</strong> <strong>Summer</strong> <strong>2018</strong> • 35
THE NEW<br />
ENGLAND BRANCH<br />
COMMITTEE OF<br />
MANAGEMENT<br />
THANK ALL OF<br />
OUR MEMBERS<br />
FOR THEIR KIND<br />
DONATIONS<br />
TO THIS GREAT<br />
ORGANISATION<br />
OVER <strong>2018</strong>.<br />
d<br />
CAN YOU HELP US SAVE A LIFE?<br />
Your Tax Deductible donation will help to ensure that the service remains<br />
FREE of charge to our community. New England Branch Committee<br />
Management and members of the <strong>United</strong> Services Union in the New England<br />
area are great supporters of the Westpac Rescue Helicopter Service. USU<br />
members’ total donations in the New England area up to date have seen the<br />
USU logo placed on the Helicopter. We again put the challenge out to all the<br />
members of the <strong>United</strong> Services Union - help donate to this great service<br />
and keep the Westpac Rescue Helicopter in the air as a free service.<br />
ALWAYS WEAR YOUR PROTECTIVE GEAR<br />
It was like any other spring day for<br />
Mario Di Mascio.<br />
He and his Cumberland Council<br />
team had run through their normal<br />
checks on their equipment. They<br />
went off in their truck to their<br />
allotted park; to mow, ‘whippy’ and<br />
generally do the things the Parks<br />
and Gardens crew do.<br />
Mario has worked for Holroyd/<br />
Cumberland Council for over 30<br />
years. He has always worn his<br />
Personal Protective Equipment<br />
(PPE). You know the stuff, Hi-Vis<br />
shirt, boots, and earmuffs. But,<br />
Mario will be forever grateful for his<br />
Safety glasses.<br />
Mario and his team did their normal<br />
scout around the park for rubbish.<br />
They find all sorts of stuff strewn<br />
around. Bottles, pizza boxes,<br />
Mario Di Mascio: PPE saved my eye<br />
Macca’s and KFC wrappers, and<br />
so on. They cleared up what they<br />
could see and off they went.<br />
No one could have foreseen what<br />
happened later in the day.<br />
Mario was ‘whippying’ quietly (is<br />
that even possible?) a fair distance<br />
from the mower. When suddenly,<br />
he heard a bang and there was<br />
blood dripping down his face. His<br />
forehead began to sting. He realised<br />
he had been hit, just above the eye.<br />
He called his teamie for help.<br />
His teamie was also wearing his<br />
earmuffs. He couldn’t hear the<br />
shouting. But when he saw Mario<br />
waving frantically and screaming,<br />
he flew into action. He followed<br />
the normal protocol and got Mario<br />
medical help in double quick time.<br />
They are mates after all!<br />
Mario found a 5cm diameter rock at<br />
his feet. Wow! That must have been<br />
what got him. Mario is lucky. He has<br />
always worn his PPE, and it paid<br />
off. He now has a slight scar over<br />
his left eye to show for his troubles.<br />
No safety glasses and he could have<br />
had a hole where his eye used to be.<br />
36 • <strong>United</strong> <strong>Summer</strong> <strong>2018</strong>
112, the “Magic” number for Wellington<br />
In last year’s <strong>Summer</strong> Journal, we wrote about the win for our members at<br />
Wellington in relation to the maintenance of core employment numbers.<br />
We spoke about the undertakings<br />
that Dubbo Regional Council (DRC)<br />
gave before the New South Wales<br />
Industrial Relations Commission<br />
(NSW IRC). Despite this our local<br />
delegates contacted the Union to<br />
inform us that those undertakings<br />
were not being adhered to.<br />
This prompted the Union to recommence<br />
industrial action against<br />
Council. During the past 12 months,<br />
the Union has been making several<br />
appearances in the NSW IRC with<br />
DRC over what the “core numbers”<br />
actually were that needed to be<br />
maintained for the purposes of<br />
218CA of the New South Wales<br />
Local Government Act.<br />
Arguments were heard from both<br />
sides with DRC maintaining its<br />
stance that it should be staff<br />
employed as at 12 May 2016 (not<br />
including vacancies) which was<br />
106. The Union, on the other hand,<br />
was that from our understanding<br />
of the Act it was positions on<br />
the structure (be they vacant or<br />
occupied). All the correspondence<br />
received prior to the amalgamation<br />
from the old Wellington Council<br />
had the figures of 117 and 126 FTE.<br />
Several conciliation meetings<br />
were arranged to try and come<br />
to an agreement on what was to<br />
be the actual figure. In the end it<br />
was mutually agreed that DRC<br />
would maintain the core numbers<br />
of 112 for positions based out of<br />
Wellington.<br />
Since the amalgamation on the<br />
12 May 2016, there have been<br />
many resignations within the old<br />
Wellington Council Administration<br />
Building, seeking other employment<br />
due to the uncertainty of future<br />
employment. Some positions were<br />
written out of the Organisational<br />
Structure due to a double up<br />
of service between the two<br />
amalgamated Councils. The main<br />
focus for the Union was to see<br />
those displaced persons placed<br />
into positions in the new DRC, and<br />
we have seen this almost achieved<br />
with only 2 employees still deciding<br />
whether they will accept a new role<br />
with DRC.<br />
The Union, with the assistance<br />
of the local delegates, will be<br />
keeping an eye on the continuing<br />
recruitment processes of DRC<br />
to ensure that the numbers are<br />
maintained and don’t drop below<br />
the agreed 112.<br />
UPDATE:<br />
“ON-CALL” IS ORDINARY PAY<br />
In the Winter edition of the “<strong>United</strong>” journal Mid North Coast Organiser Damien Welsh wrote about “On-Call”<br />
being part of ordinary pay. The Clause that relates to the story is Clause 4. Definitions (viii) Ordinary pay means<br />
remuneration for the employee’s normal weekly number of hours of work calculated at the ordinary time rate<br />
of pay. Ordinary pay shall include, but not be limited to the following penalties and allowances where they are<br />
regularly received; followed by a list of nine allowances and penalties.<br />
Since this edition was printed we can say that Organisers across the state experienced members coming to them<br />
with the same or similar stories regarding on‐call. After the members raised grievances in regard to their issues<br />
and discussions took place between management, local delegates and Organisers, all of the members who were<br />
entitled, received back payments, with an estimated total/combined back‐pay amount of close to $40,000.<br />
READING YOUR JOURNAL PAYS OFF!<br />
It is great to see members read these stories and find out that they may be entitled to allowances, penalties,<br />
overtime or extra holidays just to name a few, and then be rewarded for taking the time to read through this<br />
great <strong>magazine</strong>. Please encourage all members to read the “<strong>United</strong>” journal, as there may be a story that<br />
could be related to them.<br />
<strong>United</strong> <strong>Summer</strong> <strong>2018</strong> • 37
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This information is about products and services available to you as a USU NSW member. USU NSW and ME are not agents or<br />
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38 • <strong>United</strong> <strong>Summer</strong> <strong>2018</strong>
SUN SHINES @CLARENCE PICNIC<br />
This year’s Clarence<br />
Valley Council picnic<br />
was held at Minnie<br />
Water on the 9th<br />
November. It was a<br />
great day at a great<br />
location.<br />
Smiles all round at<br />
the Clarence Valley<br />
Council picnic day<br />
USU Organiser Wayne<br />
Orton gets ready to<br />
fire up the BBQ<br />
PICNIC DAY FUN @ MIDCOAST<br />
All dressed up and<br />
ready to win!<br />
A fantastic day was held on Friday 19 October <strong>2018</strong> at Manning Valley Race Club, Taree for the <strong>United</strong><br />
Services Union Picnic Day.<br />
It was great to see so many employees from MidCoast Council attend, catch up and meet new people from the<br />
different work depots and administration buildings within the organisation.<br />
Employees and their partners travelled from all locations within MidCoast region. There were many winners and<br />
grinners when the horses raced past the winning post.<br />
“There is a lot of work involved putting this event on and the small band of committee members really deserve a<br />
big congratulations for all their enthusiasm and dedication,” said USU Delegate and Picnic Committee Secretary<br />
Julie Yates.<br />
“Plans are already underway for 2019 Race Day with a few minor changes. Thank you everyone who supported<br />
this <strong>United</strong> Services Union Picnic Day.”<br />
<strong>United</strong> <strong>Summer</strong> <strong>2018</strong> • 39
USU CONTRIBUTIONS<br />
INCOME THRESHOLDS<br />
2019 - METROPOLITAN COUNCIL/ AUSGRID/ PRIVATE SECTOR PICNIC TICKET RATES<br />
2019<br />
The following regional councils have different picnic levies - Ballina Council, Byron Council, Central Coast Council, Coffs<br />
Harbour Council, Mid Coast Council, Narrabri Council, North West Councils, Warren Council, Wollongong City Council.<br />
Please refer to the USU website for further fee information (including varying picnic fee levies).<br />
PAYMENT OPTIONS:<br />
Direct Debit: Union Contributions are deducted Weekly, Fortnightly, Bi-Fortnightly, Monthly or<br />
Quarterly from the member’s credit card or bank, building society or credit union<br />
account.<br />
Payroll Deduction: Members’ contributions are deducted from their pay and forwarded to Union<br />
office (where the employer provides this facility)<br />
Direct Payment:<br />
Annual Quarter Month Fortnight Week<br />
A Full (earning more than $668.85pw) 565.24 141.31 47.10 21.74 10.87<br />
B 75% Rate (earning $668.85pw or less) 428.48 107.12 35.71 16.48 8.24<br />
C 50% Rate (earning $445.90pw or less) 291.72 72.93 24.31 11.22 5.61<br />
D 25% Rate (earning $222.95pw or less) 154.96 38.74 12.91 5.96 2.98<br />
2019 - REGIONAL & ENERGY NON PICNIC TICKET RATES<br />
Annual Quarter Month Fortnight Week<br />
E Full (earning more than $668.85pw) 547.04 136.76 45.59 21.04 10.52<br />
F 75% Rate (earning $668.85pw or less) 410.28 102.57 34.19 15.78 7.89<br />
G 50% Rate (earning $445.90pw or less) 273.52 68.38 22.79 10.52 5.26<br />
H 25% Rate (earning $222.95pw or less) 136.76 34.19 11.40 5.26 2.63<br />
2019 - AIRLINES MEMBERS INC PICNIC TICKET ($8.80pa levy applies)<br />
Annual Quarter Month Fortnight Week<br />
I Full (earning more than $668.85pw) 574.04 143.51 47.84 22.08 11.04<br />
J 75% Rate (earning $668.85pw or less) 437.28 109.32 36.44 16.82 8.41<br />
K 50% Rate (earning 445.90pw or less) 300.52 75.13 25.04 11.56 5.78<br />
L TAB & Agencies - Casuals Per Hour: 0.32<br />
M TAB & Agencies - Junior Casuals Per Hour: 0.21<br />
All rates include GST.<br />
For more information contact<br />
the USU on 1300 136 604.<br />
Members receive an invoice and may pay by mailing a cheque, providing a credit<br />
card number, via Bpay or by cash over the counter.<br />
40 • <strong>United</strong> <strong>Summer</strong> <strong>2018</strong>
<strong>United</strong> <strong>Summer</strong> <strong>2018</strong> • 41
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42 • <strong>United</strong> <strong>Summer</strong> <strong>2018</strong>
GREAT<br />
PRIZES<br />
TO BE<br />
WON!<br />
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AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION<br />
NSW LOCAL GOVERNMENT, CLERICAL, ADMINISTRATIVE, ENERGY, AIRLINES &<br />
UTILITIES BRANCH<br />
SUMMARY OF FINANCIAL REPORT FOR THE YEAR ENDED 30 JUNE <strong>2018</strong><br />
The Financial Report of the Branch has been audited in accordance with the provisions of the Fair<br />
Work (Registered Organisations) Act 2009.<br />
A copy of the Auditor's Report and Financial Report will be supplied free of charge to members on<br />
request.<br />
Certificates required to be given under the Act by the Accounting Officer and the Executive have<br />
been completed in accordance with the provisions of the Act and contain no qualifications.<br />
STATEMENT OF COMPREHENSIVE INCOME FOR THE YEAR ENDED 30 JUNE <strong>2018</strong><br />
Note <strong>2018</strong> 2017<br />
$ $<br />
INCOME<br />
Contributions<br />
Less Services Fee <strong>United</strong> Services Union<br />
54,542<br />
(54,542)<br />
44,197<br />
(44,197)<br />
Interest Income 180 668<br />
Contribution received for funding of Branch<br />
Other Income<br />
860,323<br />
61,643<br />
858,598<br />
60,407<br />
TOTAL INCOME 922,146 919,673<br />
LESS EXPENDITURE<br />
Depreciation 5,733 5,733<br />
Other Expenses 928,326 888,526<br />
TOTAL EXPENDITURE 934,059 894,259<br />
TOTAL COMPREHENSIVE INCOME FOR THE YEAR (11,913) 25,414<br />
STATEMENT OF FINANCIAL POSITION AS AT 30 JUNE <strong>2018</strong><br />
<strong>2018</strong> 2017<br />
$ $<br />
ASSETS<br />
Current Assets 236,472 193,055<br />
Non-Current Assets 121,835 127,568<br />
TOTAL ASSETS 358,307 320,623<br />
LIABILITIES<br />
Current Liabilities 65,703 16,106<br />
TOTAL LIABILITIES 65,703 16,106<br />
NET ASSETS 292,604 304,517<br />
ACCUMULATED FUNDS AND RESERVES 292,604 304,517<br />
44 • <strong>United</strong> <strong>Summer</strong> <strong>2018</strong><br />
2
STATEMENT OF CHANGES IN ACCUMULATED FUNDS AND RESERVES<br />
FOR THE YEAR ENDED 30 JUNE <strong>2018</strong><br />
Accumulated Total<br />
Funds<br />
$ $<br />
Balance at 30 June 2016 279,103 279,103<br />
Total Comprehensive Income<br />
for the Year 25,414 25,414<br />
Balance at 30 June 2017 304,517 304,517<br />
Total Comprehensive Loss for<br />
the Year (11,913) (11,913)<br />
Balance at 30 June <strong>2018</strong> 292,604 292,604<br />
3<br />
<strong>United</strong> <strong>Summer</strong> <strong>2018</strong> • 45
NEW SOUTH WALES LOCAL GOVERNMENT, CLERICAL, ADMINISTRATIVE,<br />
ENERGY, AIRLINES & UTILITIES UNION<br />
SUMMARY OF THE FINANCIAL REPORT FOR THE YEAR ENDED 31 DECEMBER 2017<br />
46 • <strong>United</strong> <strong>Summer</strong> <strong>2018</strong>
<strong>United</strong> <strong>Summer</strong> <strong>2018</strong> • 47
DON’T MISS OUT!<br />
MAKE SURE YOUR<br />
DETAILS ARE UP TO DATE!<br />
VISIT www.usu.org.au/members-only<br />
USU METRO<br />
PICNIC DAY<br />
2019<br />
we hope<br />
to see<br />
you<br />
there!<br />
A fun day out at Taronga Zoo<br />
for USU metro members and<br />
their families!<br />
JOIN US ON<br />
FRIDAY 8th<br />
March 2019<br />
Conditions apply - find out<br />
more at www.usu.org.au<br />
Find out more: www.taronga.org.au/