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AEU head office 112 Trenerry Crescent, Abbotsford 3067 Tel : 03 9417 2822 Fax : 1300 658 078 Web : www.aeuvic.asn.au DISABILITY SERVICES NEWSLETTER SUPPLEMENT TO THE AEU NEWS FEBRUARY 2011 Kerry Maher disability services organiser M ANY workers in disability services perform work comparable to that of teachers in special schools while being paid much less, AEU branch secretary Brian Henderson has told a Fair Work Australia tribunal. Mr Henderson gave evidence on behalf of AEU members in disability services as part of the joint unions’ case to Fair Work Australia for pay equity for social, community and disability workers. The evidence came as the final stages of the hearing approach. Unions are looking to the precedent set by the 2009 Queensland Equal Pay case, which determined that there should be “equal remuneration for work of equal or comparable value” and led to pay increases of 18–37%. Unions argue that the work had been systematically undervalued over time as a result of the largely feminised nature of the industry. During cross-examination, Mr Henderson said that the vast majority of AEU members working in the disability sector possess at least a Certificate 4 qualification and some also have a degree and/or teaching qualification. Many of the duties disability educators perform are similar to those performed by teachers in special development schools or teachers of Certificate 1 and 2 disability students at TAFEs and this should be taken into account when valuing their work. The AEU’s claim was not that these workers should be paid the same as teachers, but rather that they should be paid in accordance with the value of their work, he said. Minister for Community Services Mary Wooldridge has promised that the new Coalition State Government will “be making financial commitments in our policies in relation to supporting that claim and if it’s more than that, then we will be funding and supporting it”(The Age, 2 February 2011). The case is now in the final processes of hearing evidence. It is due to conclude in mid-April with a full bench hearing for any final oral submissions. AEU secretary Brian Henderson has told a Fair Work Australia hearing that disability workers deserve better. Pay us what we’re worth Mary Bluett branch president E ARLIER this month, the AEU TAFE and Adult Provision Council unani- mously endorsed the appointment of Greg Barclay as acting deputy vice president for the TAP sector, following the resignation of Mark Hyde for health and family reasons. Greg will hold the position until an election can be called. Some of you will know of Greg from the recent Federal Court case, reported in the latest AEU News. The case arose after his employers at Bendigo Regional Insititute of TAFE sought to suspend Mr Barclay and initiate disciplinary action against him for an email he sent to AEU members at the institute in his capacity as sub- branch president. The court found that BRIT director Louise Harvey had taken “adverse action” against Mr Barclay in contra- vention of the Fair Work Act (FWA) by suspending him over the email. This was a case of huge importance not only for Greg and the AEU but for all union members anywhere. As the court said: “If an employer has a basis for complaint or a legal claim arising out of such conduct [by a rep], the complaint or claim is to be addressed to the union. … If employers were able to punish those of its employees who are union members or officers for the conduct of their union, the protection to those persons afforded by s364 [of the FWA] would be entirely illusory and the purpose of the provision defeated.” Greg has been president of the Bendigo TAFE AEU sub-branch for six years. In that time he has overseen significant growth in membership, bringing union density to a very healthy 75%. He has also represented many members on a range of issues and worked with management very successfully to resolve some complex situations. Greg brings an enormous wealth of experience to this role. He has previ- ously been TAP deputy vice president. His unanimous endorsement by TAP Council is an indication of the regard in which his peers hold him. Introducing Greg Barclay Our new acting deputy vice president

Disability Sector Newsletter, Term 1, 2011

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Page 1: Disability Sector Newsletter, Term 1, 2011

A E U h e a d o f f i c e 112 Tr e n e r r y C r e s c e n t , A b b o t s f o r d 3 0 6 7 Te l : 0 3 9 417 2 8 2 2 Fa x : 13 0 0 6 5 8 0 7 8 We b : w w w. a e u v i c . a s n . a u

DISABILITY SERVICESNEWSLETTERSUPPLEMENT TO THE AEU NEWS • FEBRUARY 2011

Kerry Maher disability services organiser

Many workers in disability services perform work comparable to that of teachers in special schools while being paid much less, aEU branch

secretary Brian Henderson has told a Fair Work australia tribunal.Mr Henderson gave evidence on behalf of aEU members in

disability services as part of the joint unions’ case to Fair Work australia for pay equity for social, community and disability workers.

The evidence came as the final stages of the hearing approach. Unions are looking to the precedent set by the 2009 Queensland Equal Pay case, which determined that there should be “equal remuneration for work of equal or comparable value” and led to pay increases of 18–37%.

Unions argue that the work had been s ystematically undervalued over time as a result of the largely feminised nature of the industry.

During cross-examination, Mr Henderson said that the vast majority of aEU members working in the disability sector possess at least a Certificate 4

qualification and some also have a degree and/or teaching qualification.

Many of the duties disability educators perform are similar to those performed by teachers in special development schools or teachers of Certificate 1 and 2 disability students at TaFEs and this should be taken into account when valuing their work.

The aEU’s claim was not that these workers should be paid the same as teachers, but rather that they should be paid in accordance with the value of their work, he said.Minister for Community Services Mary

Wooldridge has promised that the new Coalition State Government will “be making financial commitments in our policies in relation to supporting that claim and if it’s more than that, then we will be funding and supporting it”(The age, 2 February 2011).

The case is now in the final processes of hearing evidence. It is due to conclude in mid-april with a full bench hearing for any final oral submissions. ◆

AEU secretary Brian Henderson has told a Fair Work Australia hearing that disability workers deserve better.

Pay us what we’re worth

Mary Bluett branch president

EaRLIER this month, the aEU TaFE and adult Provision Council unani-

mously endorsed the appointment of Greg Barclay as acting deputy vice president for the TaP sector, following the resignation of Mark Hyde for health and family reasons.

Greg will hold the position until an election can be called. Some of you will know of Greg from the recent Federal Court case, reported in the latest aEU news.

The case arose after his employers at Bendigo Regional Insititute of TaFE

sought to suspend Mr Barclay and initiate disciplinary action against him for an email he sent to aEU members at the institute in his capacity as sub-branch president.

The court found that BRIT director Louise Harvey had taken “adverse action” against Mr Barclay in contra-vention of the Fair Work act (FWa) by suspending him over the email.

This was a case of huge importance not only for Greg and the aEU but for all union members anywhere.

as the court said: “If an employer has a basis for complaint or a legal claim arising out of such conduct [by

a rep], the complaint or claim is to be addressed to the union. … If employers were able to punish those of its employees who are union members or officers for the conduct of their union, the protection to those persons afforded by s364 [of the FWa] would be entirely illusory and the purpose of the provision defeated.”

Greg has been president of the Bendigo TaFE aEU sub-branch for six years. In that time he has overseen significant growth in membership, bringing union density to a very healthy 75%.

He has also represented many

members on a range of issues and worked with management very successfully to resolve some complex situations.

Greg brings an enormous wealth of experience to this role. He has previ-ously been TaP deputy vice president. His unanimous endorsement by TaP Council is an indication of the regard in which his peers hold him. ◆

Introducing Greg BarclayOur new acting deputy vice president

Page 2: Disability Sector Newsletter, Term 1, 2011

2 Disability Services newsletter | february 2011

This information does not take into account your objectives, financial situation or needs. Therefore you should firstly consider the appropriateness of this information and refer to the Terms and Conditions or the relevant Product Disclosure Statement (PDS) before acquiring a product. These documents are available at our branches or by contacting us on 1300 654 822.

fee-free banking - we have it coveredWhatever your banking needs, we have it covered. The majority of our customers bank entirely fee-free while having the freedom to access their funds wherever they are.Open an account online. Visit www.victeach.com.au/fee-free or call 1300 654 822.

Disability training in 2011

aS oUR disability conference is a biennial event, there will be no conference in 2011. Instead, the aEU will be running a series of

half-day workshops and a full day training day for our members.Each day will take a different topic. our half-day events will run from

1.30pm to 4.30pm and coincide with our aEU disability committee meetings to make it easier for you to attend. Disability committee meetings are open to any member working in the sector.

Some ideas we’ve already received for the workshops include training for aEU and oHS representatives, dealing with in-home programs and maintaining personal safety, and autism awareness.

all suggestions are welcome. ◆

Many of you will already have met Kerry Maher and Meaghan Flack.

For those who haven’t, Kerry and Meaghan are our dedicated (in every sense) disability services organisers.

They work with our elected officers supporting members out in the field or at the end of a telephone — or of course via email.

But those outside of the metro-politan Melbourne area can also turn

to our regional organisers for help and support. They work closely with Kerry and Meaghan and our elected leadership.

Don’t forget, you can also contact our Membership Services Unit on (03) 9417 2822 or 1800 013379 or [email protected]. If they can’t answer your query, they’ll know someone who can. ◆

Meet our organisers Disability services conferenceMEMBERS were treated to an inspiring presentation about the impor-

tance of our pay equity case and an insight into crucial health and safety issues at our disability services conference.

over 50 members attended the event in December. Lisa Darmanin from the aSU spoke about the case before Fair Work australia, while our guest speaker from WorkSafe was inspector Jaison McIntyre.

The variety of professional and personal development workshops covered dementia and the aging population, autism awareness, staying sun smart, safe workplaces, financial planning — and a Zumba class for wellbeing and personal fitness.

Participants were also treated to an uplifting performance by the Christie Centre Choir from Mildura, and an opportunity to hear from their colleagues in a panel presentation.

Many thanks to our sponsor Teachers Health who provided our morning tea and to Union Shopper for the raffle prizes on the day. Certainly the feedback we received was very positive and members took the opportunity to network and renew old acquaintances. ◆

— Kerry Maher

Jeff gray Jeff is available on (03) 5134 8844

rosemary Crowe Rosemary is available on (03) 5222 6633

gippslanD geelong

Metropolitan organisersKerry MaherKerry is available on (03) 9417 [email protected]

Meaghan FlackMeaghan is available on (03) 9417 [email protected]

Michael Claven Michael is available on (03) 5442 2666

erich sinkisErich is available on (03) 5331 1155

John oakley John is available on (03) 5762 2714

benalla benDigoballarat

March 15

June 14

august 30

Training workshops – half-day unless noted

september 16 (full day)

november 29