Important update for Mercy workers

Last year, Mercy Community (‘Mercy’) announced to all staff that the Enterprise Agreement (‘EA’) was incorrectly applied since 2013 and has been transitioning to the Social, Community, Home Care and Disability Services Award 2010 (‘the Award’). But since this initial announcement, many workers – both union members and non-union members alike – have expressed concerns that Mercy has left them in the dark.

The Services Union is by your side to shed light on this issue.

Our Union knows that when workers stand together, their voice can be heard. Union members have been using their voice to fight for a genuine consultative process and fair outcomes for all and we did this in the Fair Work Commission early this week.

Key words and definitions – understanding where you fit in at Mercy

  • Non-Transferring employees: most workers at Mercy; if you started with Mercy after 2013 then you’re a non-transferring employee and the Award applies to your employment
  • Transferring employees: less than 50 workers at Mercy; if you started with Mercy in/before 2013 then you’re a transferring employee and the EA applies to your employment

Union update from the Fair Work Commission – Tues, 26 September 2023

Our Union and Mercy attended a Conference in the Fair Work Commission where we raised two central issues:

  1. That Mercy is breaching the Mercy Family Service Enterprise Agreement 2011 by not rostering Transferring Schedule D Employees in accordance with Schedule D of the Enterprise Agreement; and
  2. That our Union has concerns that Mercy’s proposal for partial redundancy for Non-Transferring Employees may not be a genuine redundancy.

Our Union additionally raised:

  • Mercy’s poor consultation with employees and that they have consulted after they developed your
    rosters; and
  • Mercy’s use of agency staff and widespread casual conversation (which makes no sense when Mercy are proposing redundancies and when staff want to maximise their hours).
The Commissioner wasn’t prepared to express a full view without considering evidence in detail but did indicate that for some Transferring Schedule D Employees, there may be a breach of the EA. The Commissioner also expressed that Mercy’s proposal for partial redundancy is likely lawful. We will meet with Mercy today as matter of priority to resolve outstanding issues.

A learning experience for Mercy

Our Union hopes that Mercy learns from this experience and comes to understand that genuine consultation is not only fair, but it is an important preventative step to ensure problems don’t come up when there is major change in the workplace.

How will you ensure your voice is heard by Mercy?

Your union workmates have seen what they can accomplish together when their voice is strong. Our Union will continue to hold Mercy accountable, and your union workmates will continue to fight and make their voice heard.  Will you join them? Join online here .

If you have questions moving forward, our Union is here to help find answers. Please contact your Union Organiser or our Union’s office at the details below.

Darci W Union Organiser                                                          
0407 172 755
[email protected]                                                                                                       
The Services Union Office
07 3844 5300
[email protected]

Above: An important update for Mercy workers.