Australian Public Service Commission criticised for rejecting CPSU disability leave claim

In July, the Australian Public Service Commission announced it had rejected a claim for 10 days of disability leave made by the Community and Public Sector Union in the course of service-wide bargaining negotiations.

The government cited "operational impacts to agencies" and "financial implications of creating new leave entitlements" for the decision not to support the claims in the current round of pay bargaining.

A consultation document prepared for chief negotiator Peter Riordan, released to The Canberra Times after a freedom of iinformation request, shows the government sought 31 responses to inform its stance on disability leave, but only received seven.

Two responses came from people who identify as a person with disability, in the SES Disability Network.

A further four came from the SES Disability Champions Network, for senior advocates on disability employment matters.

The National Disability Insurance Agency also submitted a response after consulting the chair of their Employee Disability Network, SES, Strategic Leadership Team and employees.

Only two of the respondents were supportive of the proposal, with remaining respondents citing existing leave conditions and a preference to incorporate any additional leave into existing leave provisions "to support those who do not wish to disclose their disability".

"It was clear the label of Disability Leave was not preferable," the consultation document reads.

One public servant with disability, who spoke to The Canberra Times on the condition of anonymity, said "seven people commenting on the need for disability leave is very concerning".

"Seven people are not going to provide a broad, clear representation of people with disability, and it's people with disability that should be asked," they said.

But Mr Riordan said feedback from the "small group of disability networks" was in addition to views from unions and over 250 employee bargaining representatives "who represent claims and views on behalf of APS employees, including people with disability".

"We discussed disability leave with these employee representatives on 4 April, 6 June and 22 June," Mr Riordan said.

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The anonymous public servant said people with disability were forced to dip into annual leave under current conditions.

"The reason disability leave was identified as a need is because ... we are having to use our sick leave, and annual leave, because we can't get any other leave type.

"This is is the whole problem, this is the whole point of why it's been asked for, because we're dipping into our annual leave.

"So we're we're not getting the same level of rest and relaxation, or the same level of time to be able to spend with our family and loved ones because we have to access it to manage our disabilities."

They added that for people with more serious disabilities, a dedicated leave entitlement would mean being able to stay employed.

Mr Riordan acknowledged "the decision to not progress an explicit disability leave entitlement in this round of bargaining will be disappointing to some APS employees".

"But it has not been possible to agree to all claims made by unions and employee representatives in this round of bargaining."

"All APS agencies will continue to consider how to best support employees with disability to ensure we reach the 7 per cent employment target of people with disability by 2025."

He pointed to entitlements such as the 18 days of personal/carers leave entitlement, expanded parameters for personal/carers leave, miscellaneous leave and flexible working arrangements.

But introducing disability leave would protect it as a right, the anonymous public servant said.

"It can't always be solved by miscellaneous leave, because that's purely going to depend on the head of the agency at that time.

"And as heads of agencies change, views change. It needs to be put in an enterprise agreement, so it's a right."

UNSW associate professor of human resources Sue Williamson said the government was likely hesitant to set a precedent for introducing new types of leave.

"I suspect the government doesn't want to introduce any new types of leave, at the moment."

Professor Williamson said the leave would be good policy, and would help to establish the APS as an employer of choice for people with disability.

"Introducing leave specifically for disability would send a really strong message that people with disability are valued by the APS.

"And it would go towards creating a more inclusive environment, as well as assisting people with disability to actually work in the APS."

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