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Social Community and Disability Services Equal Remuneration Case An Update for ASU National Conference

Summary. Overview of sectorOur National ApproachQLD Equal Pay CaseHeads of AgreementEqual Remuneration CaseThe case processWhat it all means. Overview of sector. Non government Social and Community Services sector (SACS) in all States and TerritoriesASU largest union in sectorMajority State/

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Social Community and Disability Services Equal Remuneration Case An Update for ASU National Conference

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    1. Social Community and Disability Services Equal Remuneration Case An Update for ASU National Conference Linda White Assistant National Secretary Australian Services Union

    2. Summary Overview of sector Our National Approach QLD Equal Pay Case Heads of Agreement Equal Remuneration Case The case process What it all means

    3. Overview of sector Non government Social and Community Services sector (SACS) in all States and Territories ASU largest union in sector Majority State/Federal Government funded – some philanthropic funding Sector critical to Australia’s social cohesion

    4. Overview of sector History of battles for industrial legislation – 1983 – CYSS case went to High Court for award and industrial coverage 1983 – graduate rate = independent school teacher – now gap $20k - $25k Highly feminised 80%+ female

    5. Overview of sector Governments outsource work through tendering Sector – small organisations, large charities, some for profit – most not for profit Few national organisations – churches, charities and peak organisations not IR focussed Unsophisticated IR – Limited bargaining – Award reliant

    6. Overview of Sector Workforce – female, ageing, part time Low wages compared to equivalents Next 15 years expect to lose between 10-40% workforce through retirement Industry expanding – 2.8% per year – faster than health

    7. Our National Approach ASU determined need national approach Same issues across Australia – workforce, governments, funding, lack of bargaining Wage gap profound and hard to make up Regular strategy meetings and discussions between Branches and Nationally – key to our plan – coordination, information swapping, building our power

    8. Our National Approach April 2007 – Time to set scene Report Survey Get Organised Lobbying Working with sector

    9. Our National Approach Fair Work Act, Trading Corporations and Award Modernisation = challenge and opportunities

    10. Our National Approach Submissions to 20 plus of inquiries at State, Federal level raising our workforce issues-including productivity commissions Qld part in plan – Qld State Award (April 2008) and Equal Pay Case (Nov 2008) and decision (May 2009)

    11. May 2009-success-inceases range from 18% to 37% depending on classification Implemented over 3 year period and State wage case decisions also apply Qld government has made available some funding to pay the increases Massive victory – 2 fronts Some issues remain QLD Equal Pay Case

    12. National Lobbying ASU goes to Canberra 12 & 13 September 2007 1-3 September 2008 21-23 June 2010 Election Pledge

    13. Heads of Agreement New government wanted one system – we wanted equal pay everywhere SACS rates and jobs same in all States Choice – State by State and Federally because mixture of coverage

    14. Heads of Agreement ASU agreement with the Commonwealth struck 30/10/09 Support for Equal Remuneration Case Qld principles – NSW jurisprudence Resourcing and research Qld protected Phase in – 4 ˝ years – 6 months stay before commencement Everyone in one system (except WA)

    15. Equal Remuneration Case Signing Heads of Agreement was the easy part Bigger than Ben Hur Involves ACTU, HSU, LHMU, AWU, AEU New application – no cases for 13+ years Federally All 16 cases previously under Federal law – none successful

    16. Equal Remuneration Case S.302 Fair Work Act provides for Equal Remuneration Orders – equal or comparable value

    17. The case process S.302 Fair Work Act Need to establish the types of factors to be addressed in assessing value of work performed by women – look at Award histories, occupation segregation and demographics Relevant industry comparators – are male comparators necessary? Expert witnesses – industry/pay equity, workplace, economic, qualifications – 5 Worker statements and evidence – 40+ Union Officials – 11

    18. The case process Experts Professor Gabrielle Meagher – Uni of Sydney Valuation of caring professions, history Anne Junor – Spotlight skills recognition framwork Associate Professor Siobhan Austen – Curtin Uni Participation of women in workforce, effect of undervaluation on participation and effect of increasing wages in economy Meg Smith – Uni of Western Sydney Extensive research in gender equity and the undervaluation of feminised work Robin Flynn – CSHISC Skills Framework

    19. The case process Claim same as in Queensland re: rates – no discount for salary packaging Close as possible to Qld classification structure – integration of disability classifications Looked at remuneration issues – extra claim for improved sleepover provisions based on NSW case for similar work

    20. The Case Process – Timetable Our submissions and witness statements are done Most employers, peaks and State Government are done – all supportive except Mission Australia Timetable changed because of election and uncertainty dragged out original timetable Commonwealth and ACTU-file by 5th November 2010 Employer orgs like AFEI, ABI, ACCI – 3rd December 2010 in response What these bodies say is very important

    21. The Case Process - Timetable 10 days of inspection – 6-16th September Hearing in Jan/Feb 2011 – 31st January – 1-4th February, 7-11th February Written submissions – 28 March 2011 and 12th April 2011 Wanted finished by December 2010 because of modern award phase in – not possible.

    22. Significant legal costs Staff time Members witnesses time A Serious Investment

    23. The case process Ambitious – not just occupation but class of work Cannot underestimate opposition On average Australian women are paid 18% less than men – gap widening – work 66 extra days Can’t just be about legal case Reignite the issue – Equal Pay Alliance, mainstream – change focus – Marie Claire, Women’s Day

    24. What it all means Valuing the work 10.2 In order to ensure that not-for-profits can sustain their workforces, and as wages are a major factor in the successful recruitment and retention of staff, Australian governments purchasing community services need to base funding on relevant market wages for equivalent positions. Costings need to take into account the skill sets required to perform the purchased services and be indexed appropriately to market wage growth within that industry sector. Contribution of the Not-for-Profit Sector, Productivity Commission Report – January 2010

    25. Campaigning Nationally It’s about growing power and recognising we have power and not stopping because of the legal case

    26. Funding Funding of outcome – most important Qld and Victoria Governments have committed Elections need to be used to pressure Will need to immediately unite and fight if necessary after decision

    27. Not just about SACS It’s about women and equal pay On average Australian women are paid 18% less than men Women must work 66 days more than men on average for the same income

    28. Not just about SACS We need to make this whole of union response Send a post card Email www.payup.org.au Opportunity to be part of HISTORY

    30. Contacts and action Linda White: lwhite@asu.asn.au ASU Website: www.asu.asn.au twitter.com/ASUnion twitter.com/payupequalpay www.payup.org.au Facebook “Pay Up - No More Lip Service to Equal Pay”

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