DADHC – Agency staff, negotiations, other developments, etc

Members of the Association have raised concerns over occupational health and safety issues arising from the engagement of agency staff. These concerns relate primarily to the induction process, work overload, increased risk of assault, police checks, excessive hours and unsafe cycles of rostering.

Following a meeting of the PSA's DADHC Departmental Committee on Wednesday 23 March, the following motion was passed unanimously:

Association members (RSWs and Network Managers) will not engage or induct non-DADHC contracted labour (i.e. agency staff) into units in those locations presently functioning without the use of agency staff.

Further, Association members (RSWs and Network Managers) will not engage and/or induct non-DADHC contracted labour (i.e. agency staff), where presently engaged, from 30 April 2005.

1. Agency staff be prohibited from working in a DADHC service outlet without undergoing the full induction as identified in the Department's induction checklist for casual employees.

2. The Department provide additional resources in consideration of the direct care hours lost due to the performance of regular and/or excessive inductions.

3. The Department establish procedures for the minimisation of risk of assault or injury from clients when direct care staff are performing inductions and unable to attend to clients.

4. Agency staff be prohibited from working in a DADHC service outlet without certifying that they have not worked excessive hours in all and any employment prior to their engagement.

5. Agency staff be prohibited from working in a DADHC service outlet without satisfying the requisite shift break requirements as they apply to RSWs.

6. Agency staff be prohibited from working in a DADHC service outlet unless they possess a valid licence to drive in New South Wales and are advised they may be required and must be prepared to drive a Departmental vehicle.

7. Agency staff be prohibited from working in a DADHC service outlet without certification of police check clearance.

8. The Department establish procedures for the minimisation of risk of assault or injury to RSWs from clients as a consequence of staffing instability.

Members should be aware they are under no obligation to contact or engage agency staff.

Members have raised many concerns arising from the engagement of agency staff and the Association is committed to addressing these concerns and eliminating their usage.

It is important for all members to be aware that no agency staff person is permitted to work in a DADHC service outlet without prior induction. The Department's induction information is attached at the bottom of this bulletin as a downloadable pdf file. It should also be available from DADHC management. As a general guide, the appropriate induction process will take 3-4 hours.

The Department has advised the Association that all agency staff engaged to work in a DADHC service outlet must have a driver's licence. If that is not the case, notify your Network Manager and ensure the agency staff person is not engaged again.

In response to inquiries from members the Department has advised that agency staff must sign the "sign-on" book.

The issue of whether agency staff are authorised to sign petty cash claim forms (as they are not "officers" of the Department) was also raised by members. The Department has advised it will investigate this issue and report back to the Association.

UPDATE ON NEGOTIATIONS

• The Department confirms that Regional Directors will be formally advised of all industrial agreements to ensure Statewide adherence, especially in relation to rostering principles and the matrix of duties.

• The Deputy Director-General will review the rostering principles, in consultation with the Association, to ensure that they provide a transparent process for rostering, dependent on staffing requirements for client needs.

• The Department agrees to provide a full time RSW3 position in every service outlet.

• The criteria for determining if more than one RSW3 or no RSW3 is required in a service outlet will be negotiated between the Department and the Association.

• A comprehensive review, in consultation with the PSA, will be conducted into the corporate and regional restructure implemented in March 2004;

• The Director, Community Access, will develop a formal plan for CSTs and review the distribution and allocation of resources within CSTs to ensure client needs are being met within the available resources of the Department and workload management issues are being addressed.

• The Department agrees it will conduct a review of Day Programs (not before mid 2005) and the Association will be consulted in the development of the terms of reference.

CURRENT DEVELOPMENTS

Rostering Principles
Negotiations on the rostering principles commenced in January. The negotiations were punctuated by a dispute application filed by the Association over alleged breaches of undertakings given by the Department to the Association in relation to rostered hours. The Industrial Relations Commission recommended the parties recommence negotiations and that the status quo in regard to rostering (effective on and from 7 February 2005) be maintained until the conclusion of negotiations.

Rostered Hours
Following the recommendation of the Industrial Relations Commission on 7 February, members are advised that no short or mixed shift lengths are to be implemented from that date. It is important to note that the standard shift length for full-time RSWs is 8 or 10 hours. The Association is aware that non-standard shift lengths have been rostered in some outlets. If this was the case prior to 7 February 2005 they can continue to be worked. If non-standard shift lengths have not been implemented in your unit, they are not to be implemented.

The Department stated the primary reason for rostering short shifts is to allow all staff to attend team meetings. If non-standard shift lengths are appearing throughout your roster, you should advise your local Association office by telephone so we can monitor the situation. See PSA website for contact numbers for all Association Offices, Officials and Delegates.

Rostering Practices
The Association is presently in negotiations with the Department. These negotiations include discussion on rostering of RSW3s. The Association's position is that level 3s are 24x7 shift workers whose primary role is direct care. The Association also recognises the superior skills of the level 3 and the requirements of their existing role in relation to mentoring. Whilst the negotiations have been complicated by disputation, it would appear that progress is being made and an agreed position will soon be reached.

Residential Support Workers, Level 3s
The Department has undertaken to provide a full time RSW3 in each service outlet and Regional Managers have been instructed in this regard. There have been preliminary discussions on the development of criteria to determine where more than one or no level 3 RSW is required. The Association is opposed to the operation of any service outlet without an RSW3. These negotiations have been stalled by disputation in relation to rostering.

Review of Corporate and Regional Restructure
The Department is currently drafting terms of reference for the review of the Corporate and Regional Restructure. The draft terms will be submitted to the Association by 24 March next for consideration.

In relation to CSTs there has been no advice from the Department regarding the formal plan or the review of the distribution and allocation of resources. The PSA's CST Advisory Group will be meeting on 23 March to discuss these issues.

There has been no advice regarding the timetable for the review of Day Programs but the Department stated this would not occur prior to mid 2005.

MATRIX OF DUTIES - ACCOMMODATION & RESPITE

CASUAL ROLLING RECRUITMENT

FILLING OF SHORT TERM VACANCIES

• Additional hours to part-time staff;
• Engagement of a DADHC casual;
• Overtime to full time staff or engagement of agency staff - whichever is most cost effective.

As a general guide Residential Support Workers should spend no more than 15-20 minutes, if practicable, trying to contact casuals to fill short term vacancies before contacting the relevant Network Manager.

COMPETENCY BASED TRAINING/ASSESSMENT

The Association has raised the issue of training and relevant pay rates with the Department as the six month period draws to an end. The Department has advised that a "no disadvantage" policy will apply in this regard. This means that provided you applied for the training/assessment by 20 December 2004 your salary rate will be maintained until such time as the Department is able to provide the training/assessment applicable.

Any member who has met the above criteria and who has had their pay rate decreased should contact their local Association office immediately.

PART-TIME STAFF - ADDITIONAL HOURS - OVERTIME

Also, any hours worked in excess of the regular full time hours for that shift, shall be paid for at overtime rates. That is, if the B shift in your unit is an 8 hour shift, overtime rates will apply after the completion of 8 hours work on that shift.

FIRST AID CERTIFICATES

COMMUNITY SUPPORT TEAMS (CST)

That Association members will not do the work of those positions which have been unfilled or deleted since March 2004. Further, that the Department move immediately to develop in consultation with the Association and implement a State-wide workload measurement tool to alleviate work overload issues in CSTs.

Staff Supervision
The Association raised the issue of staff supervision with the Department at the State Joint Consultative Committee meeting on 1 March. Members would be aware that the draft Professional Award is reliant on a supervision structure. Currently there is no consistency in support and supervision of staff in CSTs. The Department has undertaken to provide the Association with a draft discussion document outlining interim supervision arrangements by the end of March.

CSWs working as RSWs
If the Department requires a CSW to perform work as an RSW, the applicable Award conditions in relation to hours and overtime will apply.

Draft Professional Award
The CST Advisory Group met on 23 March. A working party will be drawn from the group to workshop the Association's response to the proposed Award.

STAFF MEALS ON CLIENT OUTINGS

Where an officer in the course or her or his employment partakes of a meal or light refreshment other than routine meals, in company with clients, as part of individual program requirements, the formal cost of such meal or light refreshment shall be borne by the employer upon the provision of receipts from the officer if prior approval was given.

NETWORK MANAGERS VOCATIONAL BRANCH

It is anticipated that those meetings will commence early in April.

REVIEW OF DISCIPLINARY PROCESS

In relation to disciplinary processes, members should be aware of their entitlement to have a support person present at any disciplinary meeting. If you are the subject of a disciplinary process, contact your delegate or local Association office for advice prior to the commencement of any proceedings.

FLEXIBLE WORKING HOURS AGREEMENT

BULLYING AND HARASSMENT POLICY