Sleepovers:

I have spoken to Bronwyn the Acting CEO and Alastair from the SFWU (who also represent members in Richmond who have lodged claims for Sleepovers being paid the minimum wage). Following the Sleepover Wages Settlement Act, an agreed Terms of Settlement will need to be sorted out for the past six years and for the future. For the past, these terms are likely to be basically the ones in the agreement between SFWU and Idea Services:

• 50% of minimum wage at the time less the amount paid already as an allowance.

• There are annual leave and tax “complications”

The stepped timetable for the future is likely to be:

• 50% of minimum wage from 1 July 2011, 75% for 1 July 2012, 100% for 1 July 2013.

Action:

I am proposing using the same delegates (Sue and David) as your reps on the sleepover negotiating team with Richmond. If anyone else is interested please notify me asap.

We will be meeting soon to prepare our spreadsheets – we have to line up the rates of payment of allowance over the years since 2005-6 with the minimum wage movements since then as well . Then there will need to be a member’s meeting which we will present the material to and get your approval to proceed.

We have two Sleepover lists – one that is dated prior to 2 September, and one that followed that date. If you are on the first list, your rights appear covered by the Act. The second list will rely more on persuasion, but we will do our best. Contact me to check if you are on the list.

Collective Agreement:

The Collective Agreement offer from Richmond was ratified and we are currently signing off the document. We will get copies out to members once that has occurred.

Stat Days:

Xmas and New Year this year are again falling on a weekend and there are transfer rules that apply. I will get advice to you prior to then.

Regards

Martin

03 377 3582

1. Minutes: Flexitime had been withheld– now “back to business as usual – no role for CRT. “Not unreasonably withheld”. However there are some situations where it is not unreasonable to decline.

2. Minutes: NEC issue: 10 minute early start up will be counted as work time – this is different from how it applies in the Contact Centre and since IRD wants “consistency” Sandra from HR was going to check.

3. Agenda items

a. Meal room space at Wigram Manor – inadequate.

b. Mainfreight Fire – no danger to staff. Update to come – will cover type of leave for staff and how long out?

c. CRT – No further CRT run/Union meetings as “Business as usual” now. Kim, Gibb and Rick to come up with date, venue agenda for next union meeting and coordinate with Ellie andCRT will attend it as attendee only!

d. Travel across town issues – deal with manager as “Business as usual” now.

e. Question about buildings being sought on eastern side of town – unknown

f. Question what role of CRT would be if “Business as usual” now

Watch your emails for further information.

Collective Agreement Bargaining

General Agreement

This week the NUPE team and the MSD team met to further progress the bargaining for your Collective Employment Agreement.

There was some good progress made. A summary of the claims and their current status in this process in outlined below.

NUPE represents many occupational groups on the CYF/MSD – NUPE Collective Employment Agreement. There were a large number of claims at the outset which is expected given the number of occupational groups that contribute to delivering the service from CYF. These claims have been well discussed and debated throughout this process.

The following is the current position at the bargaining as at 5th July 2011.

MSD are very clear that any final offer will be a “package offer”. Therefore in the following list if an item states “agreed” that means it will still be subject to the whole package.

MSD are seeking from NUPE members:

• Annual Leave buyout option ( specific to the 3 days that are now called Departmental days) This buyout is optional and staff may choose to keep the 3 days, however they will be called Annual Leave rather than departmental days if they keep them. There will be the ability to sell off the three days however, as yet, we have not been provided with the dollar amount attached to this buyout proposal. The offer of the 3 day buyout is to all NUPE members as anyone on this Collective agreement at the time of settlement has the 3 departmental day entitlement.

• Achieving Outcomes Assessment System for Clerical to replace the current PDS for Clerical. The information on how Achieving Outcomes works is available on Doogle.

• The removal of Retirement Leave from the agreement – if this was to occur then it would be applicable from an effective date probably being the ratification date. Those already on the NUPE agreement prior to ratification ( agreement to accept the offer) will retain this provision as a grand-parented entitlement that means you keep it and it remains as it currently is but new members to the NUPE agreement after the ratification date will not have this condition of employment.

Claims from NUPE Agreed to BY MSD that would form part of any package:

• National Forum between NUPE and MSD ( currently this exists for the Residences however this would extend to cover all areas of NUPE membership)

• Merit 3 for all Social Work Groups

• Meal Breaks wording ( to be finalised ) – particularly important for Night Staff who may not be able to take breaks and or cannot leave the site for operational reasons.

• Inclusion of all occupational groups for OT and Lieu time

• Inclusion of 3 new occupational groups – Case Leader ( residences) Program Leader (residences) and Employment Coordinator (residences)

• Clarify the terms and conditions for the Youth Worker Escorts role and particularly the Hours of Work – NUPE will be part of this process.

Claims Currently still under discussion:

• Paid Meal breaks for Night staff in the residences – currently being favourably considered by MSD

• Removal of the Overtime Cap in the agreement (or at least shifting the cap up) currently being favourably considered

• Alternative Holidays when on call as being on call restricts your activities – currently being favourably considered by MSD

• Long Service Leave enhancement – currently being favourably considered.

• Minimum start rate claim for Youth Workers / Night Staff and Youth Worker Escorts being considered – this may mean dropping off the bottom step on these current ranges.

• RDA Claim – NUPE has sought an increases on the hourly rate seeking greater recognition of this function – MSD is still considering this claim.

• Merit 3 for Youth Workers

• An increases in the Shift Leader Allowance

• Merit 3 for Coordinators. In addition to this MSD has agreed to present a paper NUPE produced at bargaining on the Coordinators to the Executive Management team. The paper looks at the role of Coordinators in light of the CYF Act.

• Clerical / Support Staff pay issue.

• Interpretation Allowance

• Rosters in the Residences – we had claimed 4 and 4 the response from MSD is that 4 and 4 is simply not affordable and not best practice for the YP’s. NUPE is very strongly advocating for a safer roster and does not believe the current roster is safe as staff simply get too tired and then incidents are more likely to happen or escalate

MSD cannot agree on the following Claims:

• The 3% per annum across the board claim. MSD has said this is not affordable or within the Government Expectations for bargaining. MSD said they are NOT saying NO to some across the board increase.

• New Scale for Youth Workers

• 4 X 4 roster

• Supervised Group Homes – NUPE sought coverage for these members and is seeking they have the same terms and conditions as the Residential staff. MSD have said ‘no’ to this at this time however they are reviewing these homes and their terms and conditions and will look at these at the 6 month review. NUPE has raised concerns for safety on the frontline particularly at these homes and will monitor this.

• TLO coverage in this agreement – MSD want this group covered by any management agreement. NUPE has agreed to this.

• There was also discussion on the backdating confirming the understanding that NUPE expects backdating to be from the beginning of this agreement being the 1st December 2010.

Please get back to the team with any comments / feedback.

The NUPE bargaining team:

Phil Grice Te Puna Wai

Arihia Waihi Hastings Site

Tuterangi Apatu Napier Site

David Paitai Te Maioha

Sharlene Pomare Nutby Westgate

Janice Gemmell NUPE Organiser & Advocate

For more information contact Janice@nupe.org.nz

Encourage your colleagues to join NUPE.

• New Members will immediately attract the terms and conditions that NUPE has.

• Staff who are members of the other union are able to join and be immediately covered as their collective employment agreement has also expired.

THIS IS THE TIME TO JOIN!

Newsletter for ALL CYF NUPE Members on the General Collective Agreement.

1st June 2011.

Hi everyone,

The NUPE and MSD teams met to continue bargaining your Collective Agreement on the 19th and the 20th May.

The team for NUPE:

Janice Gemmell, Sharlene Pomare-Nutby, Tuterangi Apatu, Phil Grice, David Paitai. (Arihia Waihi and Lynda Boyd were unable to attend)

The Team for MSD:

Andrew Dodds, Therese Perham, Willie Kirk, Robin Carey, Sruthy Manikketh. Sam Quin and Eileen Stevens Employment Relations also attended as Senior advisors and joint advocates.

NUPE reminded MSD of what NUPE had stated at the commencement of the bargaining that NUPE’s priority this bargaining is:

To look at what the real cost of the frontline is that ensures MSD can deliver a safe and effective service to the Children Young Persons and their Families and providing a safe and supportive workplace valuing all their frontline workers. MSD has a primary function to deliver according to the Act on the frontline. NUPE believes despite the savings required in the public sector these savings cannot be in the frontline and must not compromise safety. NUPE reminded MSD that the NUPE membership is essentially all frontline.

Presentations:

NUPE presented a paper for the Coordinators going into details around the role and reminding MSD of the key role and the potential that exists to adopt a new way forward. NUPE presented an argument that the current MSD Policy and Direction does not in fact fit with the Children Young Persons and their Families Act making better use of the Coordinator role, that would fit into the current Government thinking. NUPE suggested this can be achieved by going back to the roots and ensuring Coordinators are working as the Act intended.

MSD responded stating they agree about the importance of the role, that MSD has worked hard to improve the quality of FGC’s resulting in increased accountability and expectations and that MSD has a different view on how to achieve the objects of the Act.

As a result of this presentation the matters raised will be taken to EXCOMM ( Management Group).

NUPE presented a paper on Clerical / Admin/ Support :

Arihia put together an excellent paper titled Tasks returned from the Service Centre (with input from other Support Staff) outlining the tasks and concerns for the Clerical /Support and the implications of the Service centres returning to site and the increased blurring of the roles SWRA, RA, Admin, Clerical.

WE spoke of the impact of the varying rates of pay and the workload on this area. We also talked about the PA component that exists at some sites. We talked on Clerical / Support being the face of the department, being the first call and contact, now expected to be on the front desk. That support is critical and provides the glue.

Despite the presentation, MSD have responded stating all tasks discussed are within the Clerical / Admin / Support scope and that MSD believe the C/ C1 scales are appropriate for the requirements of the role. MSD stated that all those returning from service centres to sites will have received an equalisation allowance as is required by the Collective Employment Agreement. NUPE acknowledges that the higher rate is an equalisation however NUPE stated the reality now is that the same job is being done by people alongside each other but the amounts paid to them are different. MSD believe the requirements of the roles are appropriately placed in the C and C1 scale.

There was not response on the concerns about the blurred roles and the different rates paid in this scenario.

Shift Leader Role:

Phil Grice and David Paitai were able to talk on this they provided a strong presentation outlining the size and responsibility of this role etc.

The response was that MSD believe the current rate is reasonable, that this role provides a developmental opportunity, it is a voluntary role and staff are not required to do it. MSD did acknowledge their concern if shift leaders are carrying out TLO functions.

The key additional claims an update:

1) 3% across the board effective from the commencement of this agreement 1 December 2010– MSD has stated this 3% claim is too high in the current environment. MSD have also stated the Government has an expectation that settlements generally will not be backdated. However NUPE is confident this will not be an issue as at the outset of bargaining MSD did acknowledge the delays in starting were not with NUPE. NUPE see that in the government expectations there is obviously provision to look at each situation regarding backdating on the individual merits. This bargaining has been delayed and affected by a number of extenuating factors that should not see NUPE members adversely impacted. NUPE is hopeful that backdating does not become an issue as some progress is now being made.

2) Term – the length of the agreement will depend on the whole offer / settlement.

3) National Forum – Quarterly – possibly link up Residential forum into this – MSD will get back on this but do see the value in this forum. This may mean alternate meetings face to face and video conference.

4) Meal Breaks – Wording and Application: (Includes Night Staff breaks) NUPE is seeking T ½ paid after 5 hours if a meal break cannot be taken. MSD will respond on this however at this stage they are saying they do not agree with the approach we are suggesting. (Our claim wording comes directly from wording used successfully in Health agreements) The NUPE argument is that meal breaks must be taken and must be able to be taken this ensures best and safe practice particularly in areas of rostered shifts. This approach means the employer is required to pay more if they do not ensure breaks are taken. MSD agree that it is important for meal breaks to be taken but do not agree with NUPEs proposed approach (negative incentive). MSD are Open to considering how the legislative requirements are reflected in the Collective and how they can be operationalized.

NUPE has also raised the claim of paid meal breaks when staff cannot be released off the floor (an issue for some night staff)

5) Merit 3 for all Social Work Groups – this is agreed by MSD and will form part of the package.

6) Removal of the Overtime Cap – MSD to consider this, any offer will be subject to the final package.

7) RDA – NUPE claim to increase the hourly payment , NUPE stated very difficult After Hours Duty, – MSD is considering the whole claim. Our claim would see an increased hourly payment on call.

Alternative Holidays to be given for an employee on call on a public holiday – MSD is considering this.

9) 4/4 Roster – NUPE claim in the Residences – MSD has stated this is not affordable as it would require the addition of a 4th team. MSD also believes it is in the YP’s interest to have contact with as few staff as possible and to provide consistency and continuity of care. MSD is not convinced benefits will be there as often on 4 and 4 roster staff pick up secondary employment during their days off so staff remain tired. Staff would also build up a lot of annual leave. MSD is willing to discuss how roster issues can be resolved that have been raised. E.g change over, days. NUPE also reminded MSD to look at the 4 and 2 roster at Nights in the residences. NUPE sees this is a significant issue for the Residences and NUPE sees the current roster is unsafe resulting in staff who get over tired which then increases their risk.

10) Minimum start rate for YW, Night Staff, Youth Worker Escorts. NUPE talked that the current start rates are too low, MSD responded saying simply cannot afford an across the board move for a number of occupational groups. NUPE stated that at least the parties need to discuss the pay rates at the new Rotorua Residence – all very low start rates of pay. In addition the rates for YWer Escorts and for the Supervised Group Homes across the country are too low. MSD will respond on this.

11) Youth Worker Escorts issues NUPE wants fast progress on a clear Job Description and identifying areas to ensure the terms and conditions reflect the reality of how they work i.e. long days, in the public eye etc. MSD have agreed to review this.

12) Supervised Group Homes NUPE wants these covered By the NUPE Collective Agreement. NUPE wants these homes on the same terms and conditions as the residences. NUPE is very concerned at the under resourcing for these homes and NUPE has genuine safety concerns for these members and the YPs. MSD have stated that SGH’s are not residences and do not agree they should come under the same terms and conditions. MSD have stated that SGH’s are a new service model and they are still working to resolve some of the operational issues.

13) Long Service Leave – consistency across MSD is being sought by NUPE

14) Overtime paid after 8 hours – No response from MSD yet.

15) Interpretation Allowance – Under discussion

16) TOIL – NUPE claim that TOIL Paid out at OT if not able to be taken within 2 months – Not agreed by MSD but NUPE again has stated like the meal breaks if best practice and best management occurs then this should have no additional cost to MSD. It is a deterrent to poor management practice.

For Your Information :

a) Travel Assistance Claim – Withdrawn as a claim NUPE has lodged a Dispute on this matter with the Employment Relations Authority. This is in relation to Te Maioha ( Rotorua Residence) because of location, Hours of Work and the nature of the work. NUPE Collective Agreement has section currently in the Collective that NUPE believes applies to Rotorua however this is not being paid.

b) PVH – NUPE currently does not have the PVH terms and conditions in the Collective – We had been going to include them however after discussion and consideration with NUPE members and our legal NUPE does not want PVH in the Agreement as we believe PVH employees complicate the status of employment and in most cases these employees should be permanent or fixed term. NUPE is concerned that PVH is not in fact complying with the intent of the Employment Relations Act which requires that staff are paid and recognised by the way they actually work not by a title that is probably not complying with the law. Members who are PVH can still be represented by NUPE, NUPE will look to ensure you are permanent part time or Fixed term if this is how you actually work. NUPE may challenge the legality of PVH in the future.

c) Team Leader Operations – represented by NUPE in this bargaining are likely to be covered by the Managers Collective currently sought by NUPE. NUPE has agreed with MSD that the Managers Collective would be appropriate however NUPE is keen to see progress made on the Managers Collective Bargaining.

d) There will be a Rewrite of the NUPE Collective agreement to enable easier use and access of information to members this will occur after settlement.

The Areas tabled by MSD so far:

1) Introduction of Merit Step 3 for the Social Work Groups.

2) To remove the retirement leave entitlement.

3) Inclusion of 3 new positions, Residential Case Leader, Residential Program Leader, Employment Coordinator

4) Optional buy out of departmental leave days

5) Coverage issues – TLO’s to be covered by the right Agreement.

6) Change of performance Measurement System for Clerical “Achieving Outcomes Performance Management System”

There have been 5 days of bargaining so far which is considerable for the traditional NUPE / MSD bargaining. The bargaining has been affected and delayed by the earthquakes in Ch Ch which cannot be helped. The teams felt that progress was made at these two days of bargaining.

The next bargaining dates are for the week of 4th July in Ch Ch.

NUPE will continue to advocate strongly for all the occupational groups we represent. Remember the NUPE voting procedure requires that each occupational group ratifies any offer with a 50% + 1 vote (for each occupational group). No group settles until all groups settle. This ratification procedure makes both parties work for a fair outcome for all groups.

Thanks

Janice Gemmell / Lynda Boyd

NUPE Organisers/ Advocates

And Your NUPE Team : Sharelene Pomare –Nutby, Tuterangi Apatu, Arihia Waihi, David Paiti, Phil Grice

This is a really good time for any of your colleagues to join NUPE. Whether they are non Union or with another Union currently will not affect their ability to join. The Other Unions agreement is expiring so legally you can join NUPE. NUPE currently still has some conditions that the other Union lost in their last bargaining ( e.g Retirement Leave, Departmental Days ). This is the time to join as all new members will pick up the benefits. Any changes to the NUPE Agreement will need to be voted on at the end of this process.

Click on the Join NUPE link and download the Membership Application Form.

Fax to 03 354 3547

Post PO Box 13032

Christchurch

Response required by DSS on Friday 23 September.
NUPE Members Meeting 10.30 to 11.30am on Thursday 22 September. Venue to come

IF THE PROPOSAL WENT AHEAD, HOW WOULD THIS AFFECT MEMBERS’ JOBS?
If the Trust was properly funded (see above) and the whole service was transferred,
our Collective Agreement covers this possibility with the following clause: (25.3.12 to 25.3.23)
“Where the employee’s employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer’s business, nothing in this agreement shall require the employer to pay compensation for redundancy to the employee if:
The person acquiring the business or the part being sold or transferred
has offered the employee employment in the business or the part being sold or transferred, and
has agreed to treat service with the employer as if it were service with that person and as if it were continuous, and
The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee’s conditions of employment, including:
any service related conditions; and
any conditions relating to redundancy; and
any conditions relating to superannuation.
under the employment being terminated; and
The offer of employment by the person acquiring the business or part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either;
in the same capacity as that in which the employee was employed by the employer, or
in any capacity that the employee is willing to accept.”

These words provide certainty that DSS employees remain on the same conditions as now if you were to move to the new Trust (or provider). However our experience of such changes is that it is not always that simple. Please attend the above meeting to put your views forward.

Martin and Shirley

Mediation with Richmond NZ Thursday 25 August

• Mediation was held yesterday in Templeton, Christchurch.
• Our Collective negotiations have been stalled for months. The unions had proposed that we as a minimum place the current remuneration process into the agreement as a way forward. Some progress on this and a new Collective Agreement was made at our mediation.
• We intend to call meetings to consider an offer which Richmond will make to us next week.
• The Performance remuneration process that is under way will continue for 2011.
• Once we have the offer from Richmond we will set up meetings (preferably in houses) to report back to members. If members can forward me a time when your house could hold its meeting that would help our planning.

Regards

Martin