SUPPLEMENT TO THE AEU NEWS • OCTOBER 2010

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DISABILITY SERVICESNEWSLETTERElection slows PAY EQUITY CASEThe delayed federal election result pushed back the timetable — but members have already had a chance to show the tribunal the complex work they do.

Jo Fogarty vice president, TAFE and adult provision

WORKPLACE visits have begun for the pay equity case now before

Fair Work Australia.Onemda in East Doncaster and

McCallum Disability Services in Ballarat were among the first to receive visits from members of the Fair Work Australia tribunal.

But the dates set aside in October to hear evidence have now been postponed. FWA has adopted a new timetable — proposed by unions — which will take the case into next year (see box).

Fair Work Australia has yet to receive a submission from the Federal Government. The Government had already been given an extension after the election was called for August 21 — but the lack of a clear result meant that deadline too was missed.

The pay equity case has been lodged by unions including the AEU and ASU and argues that workers in the disability and community sectors have been historically underpaid compared to other professions which require similar experience, skills and qualifications.

It follows a similar case in Queensland which saw huge pay rises for employees, and the case has the backing of the Gillard Government.

The workplace visits are being held to allow members of the FWA tribunal to see first hand the work done by our members

in the social, community and disability sectors. I was fortunate enough to be able to attend the visit to McCallum.

For many of the visiting group this would have been the first time they have visited a disability centre. They could not help but be moved by the commitment and compassion of the staff.

McCallum Disability Services is a very diverse organisation offering supported living care, independent living care, home services and day services.

The day services programs are serviced by AEU members. They have 145 clients with intellectual disabilities or autism ranging from low to high support needs. The 47 staff have a range of qualifications from Certificate II in Disability to teaching qualifications.

Clients are grouped according to support needs, and programs range from pre-employment to volunteer work including meals on wheels, the RSPCA, an opportunity shop, Ballarat Wildlife Park and conservation work.

The day services coordinator’s description of the work to the FWA visitors was detailed and highlighted the complexity of their work.

The aim of any program is to develop skills and potential. Staff hold regular support plan meetings as a team and with individual clients. Each client’s program is designed to meet their individual needs.

Being aware of changes in client behaviour — no matter how small — and being able to predict reactions are

essential. During daily activities such as shopping, catching buses or trains, or negotiating traffic, one staff member can be thinking for up to 5 people.

The day services programs are very much community based and workers need to prepare the community prior to any visits they take clients on. It is crucial that they liaise with community groups and educational providers, such as support tutors at the local TAFE, so that transitions are not stressful.

Another facet of the work is the balancing act between the demands of older generation parents and newer parents. Parents from different age groups have different expectations and desires for their children and these have to be handled sensitively and knowledgeably.

Accountability is a high priority and staff need to incorporate accurate record-keeping as part of their daily work requirements.

When you observe what they do in the course of a day there should be no question that they should be receiving equal pay for equal work.

Thank you to all members who assisted in the successful site visits at McCallum and at Onemda. You made it clear that the work you do is complex and highly skilled.

We will continue to keep members informed as to the progress of the case. ◆

Mark Hyde writes on the Onemda site visit overleaf.

New scheduleFair Work Australia has agreed this new schedule for the equal pay case, as proposed by unions.

November 5Deadline for submissions, evidence etc from ACTU, Commonwealth and other supporting parties

December 3 Deadline for employers’ submissions

December 17 Applicants deadline for further submissions in reply

December 20Further directions hearing; deadline for all parties to name witnesses to be examined

January 24–28, 2011Further site visits in public sector (subject to further submissions in directions hearing on December 20)

January 31–February 11 Witness evidence

February 28 Applicants’ written submissions

March 28 Employers’ written submissions

April 11–12 Final oral submissions

2 Disability Services newsletter | October 2010

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A visit to one disability service has confirmed the complex and demanding role instructors fill.

Mark Hyde deputy vice president, TAP

THE site visit to Onemda Association in East Doncaster for the pay equity case was conducted

on September 8 by four of the five Fair Work Australia-appointed commissioners.

Along with representatives from the AEU and other unions, the federal and state governments and employer organisations, the commissioners were greeted by Onemda chief executive Simon Lewis and coordinator Brook Andrews.

Simon gave a presentation starting with the history of the site, which was established in 1969 and is managed by a voluntary committee of management comprising parent, business and community representatives.

He also spoke about the services offered and their availability, the facilities and how the services were funded.

It was interesting to note that not all of the costs are funded by state government sources. They have to be supplemented by donations and income generated by the centre.

A broad range of programs are on offer, thanks to the flexibility and skill of the staff, which enable them to devise individual programs to support and respond to clients’ individual needs.

They also offer extended hours for the evening respite program for clients and their families.

The commissioners and participants visited various program areas, including music and performance, gardening, cooking, art, fitness and wellbeing, life skills, computers and research, and the workshop.

The members of the bench were interested to know about the work that was performed by the

employees in the sector, and the skills, knowledge and responsibilities involved in each program area.

They also wanted to know about the amount of support from clients’ families and the range of skills needed by the instructors to provide the level of support and to meet the clients’ individual learning needs.

It was also evident that the range of individual needs among clients and the demographics of the group were vast.

The site visit concluded after an address from one of our witnesses in the case, Jessica Stainton. Jessica spoke about her role as an instructor, highlighting the conditions under which the work is performed and the change in client needs.

The bench commented that they had received Jessica’s witness statement and they were familiar with the content. ◆

HAVE YOU GOT YOUR SECOND 3.25%?

Day services members should have received a pay rise from July 1 — let us know if you haven’t.

AS OF July 1, day services employers have received government funding to pay a wage

increase of 3.25% to all employees.For those employers who are respondent to

the memorandum of understanding (MOU) with the AEU, this should mean a 3.25% pay increase for staff, backdated to July 1.

The vast majority of employers are respondent to the MOU between the AEU, VHIA and NDS. The MOU states that:

The parties recognise that scope exists for a further indexation increase after June 2010, particularly where there is no imminent outcome from the equal remuneration case in the FWA (Fair Work Australia) in 2010.

In light of this statement, we urge AEU repre-sentatives to bring this matter to the attention of their CEO or management and to request that the wages they have been funded for are passed on to employees.

Where employers do not agree to pass on the increases, please notify the AEU. We are compiling a list of non-paying organisations to provide to Community Services Minister Lisa Neville. ◆

— Kerry Maher disability services organiser

Jessica Stainton

✫ STOP PRESS ✫AEU Disability Conference

Tuesday November 16Put this date in your diary!