BigDog Newsletter June 2021

June 2021 Newsletter

Rockhampton Opening 1

Newsletter Editor Notes With the end of the financial year rapidly approaching it is again time to review the performance of BigDog and our talented people as well as looking at fair and equitable pay rates and conditions of employment.

Performance Appraisal forms and a reminder to complete the Compulsory Items Module on our NGO Training Portal will be sent this week. These documents are essential to help staff to formulate their training and development plans in the coming year.

Something about Bella day attracted over 150 cars.

In This Issue 2 Editor Notes 3 Federal Budget 4 NDIS Updates 5 Case against Contract Support 6 Rockhampton Centre Opening 7 Community Partnerships 8 Compulsory Items Reminder 9 NGO Training Infographic 10 Toowoomba Community 11 Rockhampton Community 12 Safety Updates 13 Staff Updates 14 What’s happening in June

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BigDog Support Services Magazine

SCHADS Award NDIS NEWS

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Generally, seven days’ notice of changes to employee’s roster must be given, unless another staff member is absent due to illness or there is an emergency.

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Notice of client cancellations for home care services must be given to full or part-time employees by 5pm the day before the appointment – if the employee does not receive notice, they are entitled to payment for the minimum hours.

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Allowances for staff working “broken shifts” are calculated according to the finishing time of the broken shift. Staff working broken shifts that span across more than 12 hours are entitled to 200% penalty rate.

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Depending on what type of shift an employee works, there are different requirements for minimum amount of rest time that must be provided between shifts.

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Where time of in lieu is agreed instead of payment for overtime, the time off must be equivalent to the overtime payment. For example, two overtime hours at 150% penalty rate means 3 hours time off in lieu.

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Twelve months continuous, satisfactory employment does not entitle employees to progression to the next pay point in their classification.

Evie Naufal and Rob Woolley Just in case you feel there has not been enough change in the disability sector of late, there has been yet another announcement set to rock our world. But this time, for once, it is not the NDIA that is responsible, and this one could lead to some fundamental changes to the ways that supports are organised and delivered. The Fair Work Commission is looking at making some pretty big changes to the Social, Community, Home Care and Disability Services Industry Award (SCHADS Award).

Many will know the SCHADS Award for its regulation of the wages paid to workers, but it covers much more than that, and changes to the Award can have implications for both providers and participants.

What is the SCHADS Award and why is it changing?

The SCHADS Award outlines the minimum wages and conditions that employees in the sector are entitled to. While the NDIA is responsible for setting maximum prices in the Price Guide, it’s the Fair Work Commission (FWC) that writes the rules for worker wages and conditions. They review these awards every four years, in consultation with unions and other employee groups.

As you might have guessed, we are at the four -year mark once again. The FWC has released a comprehensive decision which proposes significant changes to the Award rate.

SCHADS Rules to Remember Here are some of the rules in the SCHADS Award that sometimes get overlooked:

Shake Up

Businesses that engage employees to deliver services to NDIS participants have obligations under the Fair Work Act 2009 (Cth), the National Employment Standards and the National Employment Awards.

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Updates Media Releases 24 May 2021

Inaugural NDIS Quality and Safeguards Commissioner Graeme Head to step down at end of term Senator the Hon Linda Reynolds CSC I have been informed by Mr Graeme Head, the NDIS Quality and Safeguards Commissioner, that he will conclude his tenure at the end of his current statutory term, on 30 June 2021.

Mr Head was appointed for a three-year term in July 2018.

I thank Mr Head for his leadership of the NDIS Quality and Safeguards Commission (NDIS Commission) since commencing as the inaugural Commissioner.

Mr Head brought his wealth of experience in policy, public administration and regulation across federal and state government to establish and lead the NDIS Commission through a critical phase of its establishment.

NDIS participants have the right to be safe and to receive quality services from the providers and workers they choose to support them under the NDIS. During his tenure, Mr Head oversaw the delivery of a significantly more comprehensive and different approach to the regulation of disability supports and services.

worked to support people with disability in voicing concerns they have about their supports and services, and to strengthen the capability of the sector to uphold the rights of people with disability, and ensure the services and supports provided through the NDIS are safe. In addition to establishing each of the Commission’s functions and transitioning almost 20,000 providers into the system, the NDIS Commission has major initiatives underway addressing the needs of those people with disability who are at heightened risk of abuse and neglect.

I would like to personally acknowledge the outstanding contribution Mr Head made over the past three years, including leading the NDIS Commission’s evidence submitted to the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability and continuing to deliver NDIS Commission services during the COVID-19 pandemic.

I thank Mr Head for his efforts, and I wish him the very best for the future.

The NDIS Commission continues to provide a critical service to Australians and the Government.

A selection process will be undertaken to fill the position.

Under his leadership, the NDIS Commission 4

BigDog Support Services Magazine

Case against

Contract Support

Critics of the platform-based contracting model identify three main issues with the system: Risks to Participants

There is a concept in employment law called “sham contracting,” which occurs when a business or individual hires somebody as a contractor although they are really operating as an employee. When it comes to online platforms operating in the disability sector, there is a problematic lack of clarity about whether support workers should be entitled to employment – and in the case of online platforms, whether it is the platform or the participant who should be considered the employer.

There is a risk that in future legal proceedings, the participant using these platforms could be determined to be the worker’s employer. If this happens, participants could find themselves responsible for large sums of back pay, including contributions to superannuation and making up for any payments below award rate, as is common practice on some platforms. Many participants who use these platforms are completely unaware of any risk along these lines.

rights. The Select Committee has heard that some of these platforms pay below award rate.

Even beyond that, there are certain advantages for a worker of being an employee.

They are entitled to award rate, rights around unfair dismissal, injury compensation, supervision, superannuation, tax payments, and sometimes regular leave.

Even Playing Field for Providers According to some submissions to the Select Committee, having some workers classified as contractors when they are in fact employees creates an uneven playing field for providers.

Companies that employ their workforce incur significantly higher costs and therefore need to charge a higher rate. In this way, the market incentivises providers to use a contractor model, despite the risks to participants and concerns about workers’ rights.

Where is the NDIA on this?

Notably absent from this conversation are the NDIA and QSC.

When asked about related issues in past Senate Estimates hearings, both agencies have fundamentally shifted responsibility to the Fair The other risk to participants is that online Work Commission and the Fair Work Ombudssites that use contractors do not always take man. Naturally, from a workers’ rights perspecresponsibility for the quality or safety of sup- tive, Fair Work has an important role to play. ports for either participants or workers. Most But when the conversation goes beyond an platforms are also not registered with the employment law dispute to putting participants Quality and Safeguards Commission (QSC). and the NDIS market at risk, it is difficult to see how the NDIA and QSC can avoid getting inWorkers’ Rights Hannah and Courtney at the finishing post. Photo Toowoomba Chronicle volved. It will be particularly interesting to see Usually, when we hear a conversation about if the final Select Committee report calls out the gig economy, the focus is on workers’ their conspicuous absence.

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Community BigDog Community Centre Rockhampton We are pleased and excited to announce the official opening of our centre in Rockhampton. Following an information session for NDIS participants, parents, carers, support coordinators, plan managers that includes a morning tea, there will be the official opening by Rockhampton Regional Councillors and Government Representatives.

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BigDog Support Services Magazine

Community

Partnerships

Community Radio 102.7FM is your community station dedicated to high quality radio programming for Toowoomba and the Darling Downs. We've got you covered with shows covering many interests in our community The committee at 102.7FM have been working with one of Australia’s premier Radio Technicians, Andrew Chapman, to upgrade our aging studio equipment as well as working with Comtel to install the new antenna at Mt Kynoch, the same site as 4WK on 95.5. https://onlineradiobox.com/au/1027/ This is the link, that will allow you to listen to the radio station.

Visit us at www.1027.com.au

WhatsUp in Disability

May/Jun Magazine Stories in this issue include: • Kim Stokes • COVID-19 Roll Our • Portable Long Service Leave • Dr Seuss • Provider Guarantee To obtain a copy of WhatsUp in Disability magazine or to be a sponsor, please contact WhatsUp via: Office

11-15 Alexander Street, Toowoomba

Email

admin@whatsupindisability.org

Online

www.whatsupindisability.org

• NDIS Invoices • Let’s (not) talk about sex

Steven Paull President 7

Items BigDog NGO Training Module In being a Disability Support Worker there are a number of compulsory licences, security checks and training certificates that must be up to date and valid for the work that you do.

These include:

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A current first aid certificate valid for 3 years and CPR valid for 1 year

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A current Queensland Driver's Licence

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A current Working with Children Blue Card valid for 3 years or 5 years from 1st February 2021

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An NDIS Worker Screening Check/ Queensland Positive Notice Yellow Card valid for 3 years or 5 years from 1st February 2021

Maintaining up-to-date records on these com-

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pulsory items can be a time consuming job for our administration and management staff, so this module was created using our online training portal and allows employees to complete the module with a questionnaire to determine whether these items are current or due for renewal within the next 3-6 months.

On completion of the module the employee will be issued a certification that is valid for 6 months. Prior to the end of that 6 months a reminder email will be automatically sent to inform them that the certification is about to expire and that they are required to complete the module to cover them for the next 6 months.

Employees without a current compulsory item will be stood down until renewal of that item.

BigDog Support Services Magazine

Infographics

Training

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Toowoomba Community Vale Eric Carle

We were saddened to hear of the passing of children’s book author Eric Carle. This prolific author provided us with Hungry Caterpillars, Polar Bears, Brown Bears and Busy Spiders, and created generations of readers. His stories have provided hours of fun for our learners, clinicians and families.

BigDog Day Service Toowoomba Paul Myatt Community Centre 11-15 Alexander Street North Toowoomba 4350 Coordinator Sharon Price Phone: 4512 6020 dayservice@bigdogsupport.com.au 10

BigDog Support Services Magazine

Sharon

Rockhampton Community Everyone is preparing for our official opening this month and with the building now airconditioned, the administration offices built, internet, phones and printers operational, a freshly painted outside in heritage colours to match the historical feel of East Street and new items including stoves and hot water, we

are excited to share our new building with our Rockhampton Community.

SARAH

Come and join us!

Wednesday 16th June 2021 Info Session 11:30 to 12:30 Official Opening 12:30 Food and Beverages provided

BigDog Day Service Rockhampton

One of the upgrades in the building was to apply images to our internal office windows for privacy and we searched high and low for just the right images for everyone to enjoy.

BigDog Community Centre

The 2 pictures above were selected out of a very competitive group and the young men were colourised on a grey background to match the look of our website.

Sarah Dillon

170 East Street Rockhampton 4700 Coordinator Phone: 4573 4611 rockhampton@bigdogsupport.com.au

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Safety Updates COVID-19 How disability workers can get a COVID-19 vaccine Disability workers are now eligible to receive the COVID-19 vaccine. They are strongly encouraged to get their vaccine to protect themselves and the community from the harmful effects of COVID-19.

Disability workers can now get vaccinated in multiple ways. This may include at their workplace if they are rostered on at the time when a vaccine provider is visiting residents at their site. Disability workers can also consider other options available to them. These include: State and territory operated clinics offering both Pfizer and AstraZeneca. Workers can contact their local state or territory department to make a booking. Local state and territory department contact details and websites is available here.

GPs, Commonwealth Vaccination Clinics or

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Steve Aboriginal Community Controlled Health Services offering the AstraZeneca vaccine for those aged 50 years and over.

Group Providers Group support providers like BigDog, will have an extra year to transition to new pricing arrangements.

The NDIA have just announced that providers of group supports will have an extra year to transition to the new pricing structure unveiled last year. Providers had been expecting to make the switch at the end of next month but can now continue operating under the current pricing structure until 1 July 2022, though they can choose to transition earlier.

For group support providers, this news is as huge as it is surprising. This is the second time the transition has been pushed back by the NDIA, after it was originally scheduled to be enforced from 1 July 2020 (less than a month after it was announced).

BigDog Support Services Magazine

Staff Updates

Ann

Right to request casual conversion Recent changes to the Fair Work Act 2009 (Cth) give casual employees the right to ask for conversion to full or part-time employment if they have worked a regular pattern of hours over a period of at least 12 months and they could continue to work those hours without significant changes to their employment. Employers are also required to provide a copy of the “Casual Employment Information Statement” to all casual employees. This was emailed to every employee this week and will form part of the employment induction.

What providers should be doing BigDog have reviewed our agreements and processes to ensure compliance with employee entitlements and the new casual conversation obligations.

Providers using contractors should also review those agreements and the nature of the engagement to minimise the risk of contractors being mischaracterised as employees. BigDog do not use contractors.

Staff Birthdays

June 2021 5th 7th 9th 11th 19th 21st 23rd 27th

Hannah C Steve A Takai Bradley R Mikaela K Mark T Myles Haydn Ronin Tracy D

Have a great day!

Pay classifications The Federal Court of Australia recently clarified that staff are not entitled to automatically progress to the next pay point if, during the last 12 months, they have demonstrated satisfactory performance.

However, certain streams of the SCAHDS Award have specific rules for what classification an employee must commence on when the start employment and how some employees progress through pay points within classification levels for different streams. For example, in relation to disability services, staff working full-time in certain roles may be entitled to progress to a Level 2 pay point classification on completion of 12 months experience in the role (or part time on completion of 1976 hours) or staff who hold certain qualifications may be entitled to commence, or be appointed, at a higher pay point classification (Level 2, Level 3 or Level 4), if they are required to undertake work relating to those qualifications.

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What’s happening in

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June

BigDog Support Services Magazine

Justice of the Peace This service is available at the Paul Myatt Community Centre 11-15 Alexander Street Toowoomba (please call first to make an appointment) The JPs in the Community Program is also available through major shopping centres, libraries, court houses and hospitals.

Contact Us BigDog Support Services

232 Ruthven Street Toowoomba QLD 4350 PO Box 234 Harlaxton QLD 4350

(07) 4632 9559 1800 22 44 32 www.bigdogsupport.com.au 15

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BigDog Support Services Magazine