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Sally McManus ASU NSW & ACT Branch Secretary Equal Pay NDS Conference 13 February 2012

Sally McManus ASU NSW & ACT Branch Secretary Equal Pay NDS Conference 13 February 2012. FEBRUARY 1 ST Social, Community and Disability Workers Win Equal Pay HISTORY IS MADE. Equal Pay. The decision How we got here Funding The 5 Steps to Implementing Equal Pay in your organisation.

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Sally McManus ASU NSW & ACT Branch Secretary Equal Pay NDS Conference 13 February 2012

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  1. Sally McManusASU NSW & ACTBranch SecretaryEqual PayNDS Conference 13 February 2012 FEBRUARY 1ST Social, Community and Disability Workers Win Equal Pay HISTORY IS MADE

  2. Equal Pay • The decision • How we got here • Funding • The 5 Steps to Implementing Equal Pay in your organisation

  3. EQUAL PAYThe Decision: A quick summary • May 2011 Decision Found: • Work in the SACS industry is comparable to work performed my employees in the public sector • There is a wage gap between this comparable work and some of it can be attributed to gender • Accepts that “care” work is gendered • Fair Work Australia (FWA) needs to make a decision to remedy this • Funding needs to be considered • Governments to Fund • On 10 November the Commonwealth Government committed to make a joint submission to the Equal Pay Case with the ASU. That submission also commits the government to funding their share (an amount greater than $2 billion) • The NSW and ACT Governments have now committed to meet their share of additional funding • 1 February 2012 – The Final Decision • Made by a majority of the Full Bench of FWA • Will result in an Equal Remuneration Order • Addresses wages, transitions and graduate entry points

  4. EQUAL PAYThe Decision: A quick summary • Pay increases of between 23% and 45% above the modern award rates • Phased in over 8 years • National Wage Review (NWR) increases in addition to equal pay increases • NWR increases on 1st July each year • Equal pay increases on 1st December each year • Graduate Entry Points moved in line with QLD

  5. EQUAL PAYThe Decision: A quick summary • Equal Pay rates phased in over eight years • Joint submission asked for a six year phase in • ASU agreement with Commonwealth or workers receiving the smaller quantum increases to receive them quicker • ASU to now draft final orders – seeking extra time • Much dust is still to settle here • ASU will be seeking to ensure all workers receive increases in a fair and equitable manner

  6. EQUAL PAYHow We Got Here • QLD case in 2009 • Fair Work Act introduced: Equal Pay for work of equal or comparable value • Proved comparability with State and Local Governments • Ran a strong case • Ran a strong campaign – many of you joined us in this • Equal Pay is a victory for the workers, the organisations and the community! • Equal Pay is vital for a sustainable industry

  7. EQUAL PAYFunding • Our campaign won commitments on funding • The Commonwealth, NSW and ACT Governments have all now committed to meet their share of the additional cost • Commitments on cost – not a capped dollar amount • What is the additional cost – we wont know until we staff are reclassified and phase ins are determined

  8. EQUAL PAYImplementing Equal Pay in your Organisation – working together • All staff need to be reclassified under the Social, Community, Home Care And Disability Service Award (SCHADS Award) by 1 July 2012 • SCHADS Classifications vastly different to NSW SACS Classification • SCHADS considers the role as well as the attributes of the individual employee quite heavily (qualifications, experience) • Even if you are on an Enterprise Agreement you MUST be classified under the Modern Award or else you wont know if and when you are entitled to a pay increase • Heavy need for a consistent industry approach: The 5 Steps to Equal Pay

  9. Equal Pay5 Steps To Equal Pay • Organisations and employees each need to be involved throughout each step • Staged approach with timelines – consistent industry approach • Working together to minimise differences and disputes • 5 steps supported by the ASU, NDS and NCOSS

  10. Equal Pay5 Steps To Equal Pay • Prepare your organisation – prepare yourself • Obtain a copy of the agreed classification guide • Employees make an application for re-classification, organisations make an assessment • Exchange information • Reconcile and differences

  11. EQUAL PAYStep 1: Prepare your organisation – prepare yourself • Now – 1 March 2012 • Organisations and individual employees must take steps to ensure that job descriptions are accurate and up to date • This will minimise work required at future steps

  12. EQUAL PAYStep 2: Obtain a copy of the agrees classification guide • From 1 March 2012 • Round two of the “Get the Facts” project will commence in March • All organisations should attend their local session • It is important that you encourage your ASU or staff representative to attend • We all need to work of the same information here for consistency • The guide will assist employers and employees to independently make a preliminary assessment of where each employee may be re-classified

  13. EQUAL PAYStep 3: Employees make an application – employers make an assessment • 1March 2012 – 30 April 2012 • Every individual worker has the right to make an application for reclassification • This time window is for employees to exercise that right • Not all employees will make an application – ASU will assist their members • While employees are preparing applications organisations should start to make their assessments of where employees should be re-classified • Organisations should not issue their assessments until: • They have received an application from that employee or; • After 30 April • Well prepared applications will assist employers in making their assessment and will facilitate an open dialogue in the workplace

  14. EQUAL PAYStep 4: Exchange Information • 1May 2012 – 30 June 2012 • Employees will have submitted their applications by now if they are going to make one • Employers should make available to employees where they intend to re-classify staff • Where possible employers should provided employees with their reasoning. Dialogue will increase shared understanding and minimise disputes • On 1 July employers should re-classify employees based on the employers assessment

  15. EQUAL PAYStep 5: Reconcile any differences • From 1 July • From 1 July all employees will receive the National Wage Decision • Where an employee was reclassified at a different grade to what they sought in their application, and after receiving feedback from their employer they still believe the classification is incorrect either party can seek the assistance of the disputes panel • The panel is non binding and will be formed on an industry level • The panel will comprise of a representative appointed by the appropriate peak body, a representative appointed by the union and a third representative • The aim is to address concerns at a local level • This does not hinder anyone's right to seek the assistance of Fair Work Australia

  16. EQUAL PAYYou are now Equal Pay Ready • By following the 5 steps to Equal Pay organisations will ensure that they, and all of their staff, are Equal Pay Ready • Achieving Equal Pay is an important step in ensuring the sustainability of our sector and our organisations

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