Chapter 4

Current workforce conditions

4.1
This chapter considers the current conditions facing the National Disability Insurance Scheme (NDIS) workforce, to foreground discussion of potential drivers and solutions in subsequent chapters of the report.
4.2
The issues outlined in this chapter are intended to provide a broad overview of the challenges facing the NDIS workforce. The committee acknowledges that not all workers face all of these challenges, and that some workers have reported satisfaction with elements of their workforce experience.
4.3
Based on the evidence before the committee, key issues impacting the NDIS workforce include:
increased casualisation, and a rise in insecure work;
the 'uberisation' of the workforce, with increased use of online platforms and direct engagement of workers by clients;
low pay, reduced working hours, and a lack of career advancement;
work intensification and job stress, with increased pressure to 'do more with less' to ensure that participants' needs are met;
poor training, supervision and professional support; and
bullying, harassment and abuse, exacerbated by a lack of reporting mechanisms or avenues for redress.
4.4
The committee heard that these issues create substantial difficulties attracting and retaining a qualified workforce, as the sector is seen as overworked, underpaid, undervalued and poorly trained. Poor working conditions also have a significant adverse impact on workers' mental health, and compromise the quality of supports and services for participants.
4.5
These concerns were reflected in a recent survey of the NDIS workforce by the University of New South Wales (UNSW) Social Policy Research Centre: Working in new disability markets: A survey of Australia's disability workforce (UNSW Report). Findings from this report relating to a number of specific challenges facing the workforce are outlined below. However, as noted in Chapter 1, survey respondents were almost entirely union members. As such, the findings of the report may not always reflect the experiences of nonunionised workers or the NDIS workforce as a whole.
4.6
Submitters and witnesses emphasised that the poor conditions facing the NDIS workforce require urgent solutions—particularly in the context of the ongoing COVID-19 pandemic and efforts to rebuild and strengthen the sector:
We know we need secure jobs, we need training, we need career paths and we need decent pay, and we don't have time to engage in these endless processes that don't seem to end up anywhere. Casualised and permanent part-time jobs in this industry are a huge weakness in our defence against COVID-19, and it's urgent. We've got this casualised workforce that we know is not going to meet the requirements of the future.
We don't have enough workers ready to go in the pipeline, and COVID-19 and climate related natural emergencies aren't going anywhere. So we need urgent investment in skills and training, but instead we've got pricing that doesn't allow for any training or supervision at all.1

Casualisation and insecure work

4.7
A majority of submitters observed that casualisation, along with a rise in insecure and fragmented work, results in substantial difficulties attracting and retaining a qualified workforce. This can lead to poor outcomes for participants—as optimal care requires workers with high levels of expertise and the opportunity to build relationships of trust.2
4.8
Catholic Social Services Australia (CSSA) observed that a key issue facing the workforce is the decline of permanent, full-time employees and the growing casualization of the workforce, stating that:
From September 2015 to September 2017, the growth rate of casual workers in the disability workforce was 26% per year, compared to only 1.3% per year for the permanent workforce….In 2018, the NDIS workforce comprised…only 6% fixed staff and 10% permanent full-time employees, compared to 38% permanent part-time and 46% casual staff.3
4.9
CSSA noted that casualisation results in workers receiving less hours and less stable work, stating that 'a workforce which does not feel valued will struggle to…carry out its role and will experience difficulty…attracting new staff'.4
4.10
The Disability Council NSW stated that casualization has significant adverse consequences for staff, noting that participants may cancel supports at short notice—leaving staff without pay—and that support workers may be expected to be available for shorter shifts that are not financially viable.5 It also observed that increased casualisation means people with disability may not be able to choose their support worker—particularly if workers are allocated by an agency. This reduces consistency in supports and leads to poor client records. Further, poor matching can present barriers to participants from culturally and linguistically diverse (CALD) backgrounds, for whom optimal care may require a worker who is of a specific culture or fluent in a specific language.6
4.11
Queensland Advocacy Incorporated (QAI) observed that the insecurity and vulnerability of casual work substantially increases stress for workers, and leads to high staff turnover. QAI expressed concern that turnover leads to poor outcomes for participants—noting that care arrangements often rely on established relationships:
There is an underrated value in people with disability having the ability to establish trusting relationships with their workers…By building these relationships, people with disability may be able to work more collaboratively with their staff to express their wishes in relation to their support and daily needs. Further, 'right relationships' can restore equity to the power imbalance often exerted over people with high levels of vulnerability and marginalisation.7
4.12
Similar concerns were raised by Dr John Chesterman, Deputy Public Advocate, Office of the Public Advocate (Victoria) (Vic OPA):
[D]iscontinuity of staffing can contribute to problematic situations, including situations of violence due to high staff turnover [and] a lessening of the capacity of staff to build a relationship with the person with disability and staff becoming less familiar with individual needs and behaviours.8
4.13
In addition, the committee heard that increased casualisation limits providers' ability (and motivation) to provide training and professional development to staff. For example, Multiple Sclerosis (MS) Australia noted that casualisation—along with rapid growth of the NDIS—means that providers must continually induct, train and supervise new workers to meet client demand.9
4.14
The Australian Services Union (ASU) noted that with a more casualised and lower paid workforce, support workers are often only able to access in-service training. This training is less likely to be accredited, and is less useful in terms of career development and portability as it tends to be enterprise-specific.10
4.15
Finally, some submitters expressed concern that casualisation of the workforce has reduced the ability of the sector to withstand the impact of COVID-19.11

Fragmented working arrangements

4.16
In addition to concerns about casualisation, the committee heard a substantial amount of evidence regarding the related issue of work in the sector becoming increasingly unpredictable. The United Workers Union (UWU) stated that:
Unpredictable and inadequate hours are a significant feature of disability support work, which negatively impact on job quality and thus the quality of support provided. Latest figures suggest the rate of casual employment is almost 46% compared with the…workforce average of about 25%.12
4.17
The UWU expressed particular concern about the prevalence of fragmented working days, with long breaks between short periods of paid work. It noted that this fragmentation means that workers are paid for only a few hours of work across a long day. Moreover, 'breaks' are not genuine periods of rest.13 The Health Services Union (HSU) raised similar concerns, with a typical example provided by one of its members:
I expect to work up to 3 separate runs per day, work can be added or removed at any time without notice or explanation. I am expected to carry my work phone (and answer) at all times, which can be hugely inconvenient if I have made plans or appointments.
I live 20 mins away from most of my clients and my breaks are often an hour or two at a time, if I went home in those breaks I would only have to immediately return which means that instead of family time I am sitting in my car alone between shifts (with no pay) or wasting my low income in cafes or takeaway places.14

Potential solutions

4.18
Some submitters proposed discrete solutions to the issue of casualization. For example, the Australian Lawyers Alliance (ALA) advocated for the adoption of schemes which augment existing rights for workers to request a conversion from casual to permanent employment, stating that consideration should be given to funding being predicated on commitment to such schemes.15
4.19
The committee also heard that that solutions to casualisation and insecure work must address the root causes of these issues: price settings for the NDIS, coupled with structural issues associated with consumer-directed care.

'Uberisation' of the disability workforce

4.20
Submitters and witnesses drew attention to increased 'uberisation' of the NDIS workforce, referring to the increased use of online platforms to hire workers16 and more generally to direct engagement of workers by participants, families and carers (as opposed to engagement through an organisation). Evidence before the committee suggested that while such arrangements are perceived as a means to enable greater choice and control, they may lead to poor workforce conditions including lower pay and fewer employment protections.
4.21
Ultimately, such arrangements may also lead to poorer care outcomes for people with disability, as with less oversight for support workers and fewer avenues for redress, there will be few if any guarantees that supports will be of an appropriate level of quality and safety:
In the extreme, many disability support workers end up working under especially precarious 'gig'-type arrangements: waiting to be instructed (often via platforms or smart phone) to attend the next client, with no continuity or stability in work), and no capacity to fully develop their professional capacities. A disability services program that organises support in the same manner as digital platforms organise fast food delivery or taxi services, is not likely to achieve the high standards of respectful, individualised support that the NDIS' architects hoped for. And it will also be a very challenging place to earn a living.17
4.22
Ms Melissa Coad, Coordinator, Stakeholder and Professional Development, UWU, observed that seeking work through online platforms is often a lengthy process, with no guarantee of finding employment. Moreover, members of the UWU have reported receiving limited information about the participant they were to be supporting or the nature of the work they would provide. Ms Coad observed that, from the perspective of UWU members, this negatively impacts the quality of support, stating:
Ultimately these conditions really lead to reduced service quality, if workers don't know the participants. People often don't use this platform for permanent work. They often use it for add-on work. You might have multiple workers on a platform coming through a person's home, which is lack of consistency, and also, obviously, in times like this, of a pandemic, it brings with it infection risks as well.18
4.23
Purpose at Work (PaW) expressed similar concerns, noting that:
A large study commissioned by the Victorian Government found that around 7% of digital platform worker were care workers. Forty per cent of all digital workers did not know how much they earned per hour and many mistakenly believed they were employees. Care workers in the study frequently indicated their income category as $20.00–$29.99 per hour, which is likely be less than award rates once other award entitlements are considered.19
4.24
The UNSW Report found that a disproportionately high number of platform users were casual or self-employed, or employed on fixed-term contracts. Moreover, the use of online platforms was more common among workers with less experience in the sector.20 Respondents expressed concern about the risks associated with the use of online platforms to obtain work, including a lack of information about clients and services; lower pay; and delays in receiving payments. One respondent expressed particular concern at the lack of support from the platforms, stating that:
There is no supervision, no safeguarding, minimal training…Support or management of [the platform] have no idea about service users when approaching for support. Accounts of the service users can have little to no or inaccurate…information. It's a regular practice for employees to spend an hour to meet a potential participant unpaid. Worst of all in the case of after-hours support there is NO ONE to contact. I once saw a job that a woman had posted saying she was suicidal and needed help and aside from attempting to contact the service user there was no way to contact [the platform] staff to ensure the safety of this participant.21

Sham contracting

4.25
Some submitters and witnesses noted an increase in sham contracting in the sector, including contracting connected to the use of online platforms. The Fair Work Ombudsman defines 'sham contracting' as follows:
[Arrangements] where an employer attempts to disguise an employment relationship as an independent contracting arrangement. This is usually done [to avoid] responsibility for employee entitlements.22
4.26
Both Maurice Blackburn Lawyers and the ALA observed that sham contracting is 'rife' in the sector, noting that workers are routinely told they must be contractors rather than traditional employees. This leads to workers losing award protections, compensation, superannuation and insurance.23
4.27
In response to questions on notice, Maurice Blackburn Lawyers observed that the environmental factors that predispose an industry to sham contracting are all present in the disability sector, including:
a 'massive' power imbalance in the relationship between those who source the work and those who perform it;
a low-paid and highly casualised workforce drawn from vulnerable cohorts, with high workforce turnover;
an unwillingness for workers to complain about conditions, through fear of retribution, or a perceived inability to find another job;
a lack of union presence;
tasks and functions that have traditionally been subject to sham contracting, such as cleaning; and
a workforce that is not well versed in their employment rights.24

Host agreements

4.28
The ASU raised specific concerns in relation to the use of 'host agreements', noting that such agreements are part of the new Independent Living Options the NDIS is encouraging as alternatives to Supported Independent Living. The ASU stated that key features of host agreements include:
the agreement usually relates to a congregate setting or group home;
workers are paid no hourly wages, superannuation or award entitlements, or workers' compensation. Workers are paid a flat rate of $250 for 24 hours of care, or pro-rata on shorter shifts as reimbursement;
the agreement has members defined as 'volunteers'; and
payroll sends workers a tax exemption explanation for respite payments.25
4.29
According to the ASU, the NDIA may be encouraging the use of these 'host agreements' because they are a cheaper means of obtaining supports for clients who receive NDIS funds. The ASU stated that while it supports choice and control for people with disability, this must not be achieved by precarious employment or exploitation of workers.26

Potential solutions

4.30
Some submitters suggested potential solutions to the concerns associated with the proliferation of online platforms and the increase in 'sham' contracts in the sector. PaW stated that the Government must determine if workers employed via online platforms are employees or contractors and, if they are contractors, set standards for engagement that equate with industry awards. It also observed that:
European countries are increasingly considering alternatives forms of employment contract, such as creating a class of dependent contractors, and these might be examined for applicability in the Australian environment. Alternatively, app-based solutions using artificial intelligence, such as an official pay and conditions 'ready reckoner' that allowed workers to easily check what their entitlement should be for a shift, may help those seeking work through a digital platform service.27
4.31
QAI recommended that support and guidance be provided to self-managed participants to understand Australian Taxation Office rules, Fair Work rules, and other employment issues resulting from directly employing staff.28

Remuneration

4.32
A particular concern for many submitters and witnesses was that pay rates in the sector do not reflect the sensitive, challenging and highly skilled nature of disability support work. This creates substantial difficulties in attracting and retaining a workforce with the necessary skills and experience to deliver safe, quality supports—despite documented intrinsic benefits of working in the sector, such as the highly rewarding nature of disability support.29
4.33
The HSU stated that the responsibility, skill and emotional labour inherent in disability support work is not reflected in remuneration levels. To illustrate this concern, the HSU compared rates of pay for disability support workers at various Award levels with social security benefits—including those associated with COVID-19. It found that—particularly at lower Award classifications—social security benefits are often higher than current wages. The HSU observed that this highlights both a need to increase remuneration for disability support workers and risks for the sector associated with the COVID-19 pandemic.30
4.34
The UWU observed that low wages act as a barrier to entry into the NDIS, and a disincentive to remain in the scheme—particularly when it becomes clear there is no prospect of pay progression.31 This view was echoed by support workers who gave evidence to the committee at its public hearings:
We are not paid at a rate that other professionals would expect, so younger people don't even want to start a career in our sector. Most of us are women who work either casual or part time, and most of us will work until we drop—way past our 65th birthdays—because we cannot afford to retire. And when we do retire, after a lifetime of looking after other people, we often retire into poverty.32
4.35
The Tasmanian Government observed that pay for medical and allied health professionals working in the NDIS is 'relatively generous'. However, with the complexity of NDIS systems and processes, remuneration rates do not reflect the time and effort required to support provision of therapy and technology—at least from an administrative perspective.33
4.36
Evidence from submitters and witnesses was also consistent with the
UNSW Report. According to the report, only 37 per cent of respondents were satisfied with take-home pay. Satisfaction also fell with years of experience in the sector, reflecting that current pay structures do not recognise experience or reward professional development. Respondents also raised concern that they were not paid for work-related travel and related costs (such as vehicle repair), or for team meetings and other non-client facing activities.34

Award wages

4.37
The committee heard some evidence that lower pay rates may be driven by the current Social, Community, Home Care and Disability Services (SCHADS) Award. Carers NSW noted that while there has been a recent review of the Award by the Fair Work Commission, award rates remain a barrier to workforce development:
Failure to ensure competitive and attractive remuneration for current and potential disability sector workers is likely to result in the continued departure of highly skilled and experienced staff from the industry, as well as difficulty recruiting new individuals to the sector.35
4.38
Carers NSW recommended that remuneration for disability sector workers be reviewed—including a review of the SCHADS award—to ensure the adequacy of wages for disability employees. It also recommended that following any review, the NDIA should review its price guide.36 Relatedly, Lifestyle Solutions noted that greater alignment between NDIS funding and industrial relations arrangements would make disability work financially attractive to workers and deliver better outcomes for participants.37
4.39
The committee also heard that the application of the 'better off overall' test to enterprise agreements limits effective bargaining on bespoke agreements for organisations. Mr Tim Wilson, Executive Manager, Workforce Development, Cara, observed that the Fair Work Commission currently takes an 'almost clause-by-clause' approach to the test. According to Mr Wilson, this prevents organisations from crafting agreements that suit their staff and customers.38

Gendered pay gaps

4.40
The ASU stated that a longstanding concern within the disability sector is the 'gendered undervaluation' of disability work, noting that work in the sector is traditionally seen as 'women's work'—with wages suppressed as a result.39
4.41
The ASU drew attention to the UNSW Report. It noted that 66 per cent of respondents were women, and only 38 per cent believed they were paid fairly. In addition, the ASU noted that 71 per cent of respondents expressed concern about levels of superannuation—stating that this reflects a superannuation system that is failing Australian women.40

Staffing levels and service quality

4.42
The UNSW Report stated that workers attest to considerable resource pressure affecting service delivery, including staff shortages and high workloads. Workers often feel compelled to do more with less resources and time, and routinely worry that they will not be able to deliver effective services to their clients. Survey respondents also noted that they were under pressure to meet strict key performance indicators (KPIs)—regardless of the actual needs of the clients they support.41
4.43
These matters were reflected in evidence from disability support workers. For example, members of the ASU observed that:
There's no benchmark for a suitable load—it is expected that we just continue to support more and more people—and with loss of staff that means further cases are assigned to remaining staff, increasing our load exponentially.42
4.44
The committee also heard that time and resource pressures within the sector are a major contributor to stress and 'burnout', and thus higher staff turnover.43 Time and resource pressure has also intensified with the transition to the consumer-directed care arrangements which underpin the NDIS.44

Unpaid work

4.45
The committee heard that workers are often called upon to complete unpaid work to ensure that participants receive safe, quality supports. Commonly, work completed in unpaid time is non-client-facing, and includes activities such as preparing case notes; fulfilling reporting obligations; communicating with colleagues and supervisors; and handover.45
4.46
Mr Lloyd Williams, National Secretary, HSU observed that:
For every paid hour of work, low-paid disability workers donate an average of 4.6 minutes of unpaid time. This is equivalent to 36.8 minutes for a full working day. If we extrapolate that across the whole workforce, we can see that there is a significant amount of unpaid work delivered by low-paid disability workers…[I]t's not surprising that only one in five workers agreed that the NDIS had been positive for them.46
4.47
This view was echoed by disability support workers who appeared before the committee at its public hearings. One support worker observed that:
My employer has told me that because my client is only level 2 there is no funding for a 15-minute handover between workers. Therefore, when we get towards the end of a shift, we're left having to go over time, and we don't get paid for the handovers and any notes or admin work left outstanding. I do this in my own time, or sometimes I have to do it while I'm with my client. To me, this is theft; this is time I should be with my client, supporting her, not doing rostering or other work that would be deemed under a coordinator or other management.47
4.48
The UNSW Report noted substantial instability in paid work hours, with half of all respondents expressing concern about rosters, 45 per cent stating that their shifts often change unexpectedly, and 29 per cent reporting that they are often called to work at inconvenient times. Ultimately, working time issues can have a substantial impact on workers' mental health, and limit their ability to deliver safe, quality supports to people with disability.48
4.49
Some submitters also noted that this form of underpayment may equate to wage theft. For example, PaW observed that:
One small diary-based study of disability workers found that wage theft occurred for a significant amount of the hours they worked, including travel time and administrative work. Some NDIS workers were not being paid for between 12% and 21% of total work time.49

Treatment by providers

4.50
A number of providers who submitted to the inquiry demonstrated that they value their workforce and are committed to creating a positive working environment. However, the committee heard that some providers do not create an environment where support workers feel valued. This may reflect a broader social trend of underestimating the skill and complexity involved in supporting people with disability. For example, a disability worker observed at one of the committee's public hearings that:
Compared to my experience in aged care, where we were prized as the backbone of the workforce, here my experience is that we are told not to question anything and to shut up and just do our jobs.
Our jobs are important, but we are overworked and exhausted and stressed. Just recently, when my husband was sick, I felt like I could not take leave to stay home and look after him, because I knew that if I took the day off there was no-one else to cover my workload.50

Career progression

4.51
Some submitters and witnesses noted that the lack of career progression within the sector is a key challenge to attracting and retaining a qualified workforce. One submitter—Lifestyle Solutions—asserted that enabling career progression requires professional development; permanent work; and greater awareness of opportunities. Further, career progression ultimately relies on greater social value being placed on disability work.51
4.52
These concerns were echoed in the UNSW Report. More survey respondents disagreed than agreed with the statement, 'I have good prospects for career advancement' (40 per cent compared with 31 per cent). The percentage of respondents who agreed with the statement also decreased according to years of experience in the sector, to 38 per cent among respondents with 1–2 years of experience, and 30 per cent or less among those with 10 years of experience or more.52

Training

4.53
The committee heard that there is insufficient training provided in the sector—particularly to disability support workers. Moreover, the disability workforce is often required to self-fund training, as employers are unwilling or unable to deliver training under current price settings. In the absence of proper training, workers will have difficulty providing safe, quality services to participants, and may experience increased health and safety risks.53
4.54
The UNSW Report noted that 26 per cent of respondents reported receiving less than one day of training in the previous year. Fourteen per cent of respondents with less than a year's experience working in disability reported receiving less than one day of training, as did 20 per cent of respondents with less than two years' experience.54 Some respondents noted that while they received training, the extent of training was not sufficient to equip them to effectively support participants—particularly those with complex needs:
Training is paid which is good; however, the majority of staff are massively undertrained to deal with the complexities that some of the people we support face such as medical, behavioural and physical.55
4.55
For other respondents, a key concern was the quality of training, with some noting that providers take a 'tick and flick' approach, or offer online modules in lieu of face-to-face training.56 This concern was reflected in submissions,57 as well as in evidence provided to the committee at its public hearings:
In my job, I'm often asked to do things that I'm not trained for. We do not get good-quality training. I've heard of people doing manual-handling training without using any equipment and just having the things described to them. I maintain my manual-handling training myself externally.
My organisation won't pay for it, as they say my client doesn't need it, but I think it is important. We get poor training in infection control. Fire safety is another area we are not trained in, and fire equipment is not regularly checked, even though we have to do a fire safety drill with our clients. My employer…merely ticks the box on training, and it's not good quality.58
4.56
Some providers stated that there is a desire to offer quality training; however, attempts are hamstrung by price settings. Mr Tim Wilson, Executive Manager, Workforce Development, Cara, told the committee that:
We always aim to ensure that our people attain competency excellence, so our support workers are required to be competent in a range of clinical areas such as medication administration, nebulisers, enteral feeding, seizure management and insulin administration.
In an aged-care setting, these tasks would be fulfilled by enrolled and registered nurses. In disability, it falls on the support worker, who earns around $28 to $30 an hour plus penalties to deliver this care or support, and it falls on the provider to maintain the support worker's competency.59
4.57
Issues associated with NDIS pricing, and the quality of training in the sector, will be discussed in subsequent chapters.

Supervision, mentoring and professional support

4.58
Submitters and witnesses observed that a barrier to attracting and retaining staff is the lack of supervision and mentoring provided to frontline workers—both by service providers and the NDIA.
4.59
For example, the ASU observed that workers feel that supervision and support have eroded under the NDIS. It asserted that while the NDIA claims that management and supervision are built in to NDIS prices, this is not the case in practice. The ASU called for an increase to prices to guarantee that workers will be appropriately supervised, managed, mentored and trained.60
4.60
QAI observed that support workers are often left to gain experience through 'on the job shadow shift' training rather than through appropriate mentoring and supervision. According to QAI, while this approach may be suitable for some workers, for others it leads to increased stress and burnout.61
4.61
These concerns were also echoed in the UNSW Report. Only 36 per cent of respondents considered they received adequate time with supervisors—falling to 26 per cent for casual workers. Moreover, 59 per cent of respondents agreed or strongly agreed that they were obliged to make decisions about client safety, care or support on their own. This included a substantial number of workers with qualifications below Certificate IV.62 The report also noted a number of challenges in providing supervision, such as time constraints, high ratios of staff to supervisors, and failures to provide adequate training.63

Work health and safety

4.62
Some submitters and witnesses expressed concern about health and safety standards within the sector. Cara observed that its employees rely on smooth approval of equipment and resources to ensure safety at work, and expressed concern that funding for maintenance and renewal of equipment, wheelchairs and manual handling plans 'does not flow freely' if it is not in a plan.64
4.63
Mr Tim Wilson, Executive Manager, Workforce Development, Cara, expanded on some of these concerns during one of the committee's public hearings:
We had a customer and they needed a new manual handling plan. They desperately wanted their personal physio to do that manual handling plan. Now this physio did not have any training in industrial physiotherapy, so they had never written a plan before for other staff to use. They didn't have any funding that they could access, so they were doing it in their own time or in time when they were actually providing therapy to the customer.
…In the meantime, we had four staff get some sort of physical injury as a result of the non-existence of a plan or a plan that didn't meet the needs. After some negotiation with the customer and the physio, we then charged one of the industrial physios we use to side-saddle with the customer's physio to write the plan that we required. So we got to the outcome we needed, but there was no funding available.65
4.64
This was broadly reflected in the UNSW Report. Twenty seven per cent of respondents disagreed or strongly disagreed that they receive the training they need to perform their work safely, and 28 percent of respondents disagreed or strongly disagreed that their supervisor supported their safety, wellbeing or development.66

Bullying, harassment or violence

4.65
Some submitters noted that there have been reports among support workers of bullying and harassment—both by colleagues and by NDIS participants.67
4.66
This was echoed in the UNSW Report. Between 60 and 66 per cent of respondents reported awareness of a worker being subject to bullying, harassment, violence or abuse in the previous 12 months. In approximately
48 per cent of cases, harm was perpetrated by another worker. In 27 per cent of cases, it was perpetrated by a client. 68 Respondents also reported hesitation in escalating matters to senior management or making a complaint to their organisation, for fear of losing their job or their work with a particular client or family:
Workers are scared to report client assaults for fear of being put off that roster. We…have a worker being disciplined and under investigation for being the victim of a client assault that led to police charging the client.
I was a victim of sexual harassment at work. Once reported to my supervisor and operations manager at that time, they tried to 'sweep it under the carpet'. I was told if I didn't tell anyone else or make a formal complaint, I could be moved to another work site of my choice. The perpetrator kept his current job in a management role.69

Potential solutions

4.67
The Disability Council NSW suggested resilience training or an employee assistance program, organised through a professional registration body, may assist in addressing the issues associated with bullying and harassment of disability workers.70
4.68
The Australian Psychological Society observed that the disability workforce requires access to Psychological First Aid, which permits safety, calm, connectedness, efficacy and hope.71

Committee view

4.69
The committee is concerned that current workforce conditions in the NDIS are a significant barrier to growing the workforce to meet demand, and to attracting and retaining workers with the skills and qualifications to deliver safe, quality supports. Poor working conditions also have a significant adverse impact on workers' mental health.
4.70
Many of the issues facing the workforce appear to be symptomatic of broader concerns with price settings and the consumer-directed funding model for the NDIS. These concerns are discussed in the next chapter. The committee also makes some preliminary recommendations to enhance funding arrangements for the NDIS, to help ensure the scheme is able to offer pay and conditions commensurate with the sensitive, highly skilled nature of disability work.

  • 1
    Ms Emeline Gaske, National Campaign Coordinator, Australian Services Union, Proof Committee Hansard, 8 September 2020, p. 28.
  • 2
    See, for example, Australian Lawyers Alliance, Submission 5, p. 4; Maurice Blackburn Lawyers, Submission 7, p. 2; Northern Territory Mental Health Coalition, Submission 9, p. 4; Carers NSW, Submission 19, p. 2; Western Australian Government, Submission 29, p. 4.
  • 3
    Catholic Social Services Australia, Submission 36, p. 6. See also Purpose at Work, Submission 13,
    p. 13.
  • 4
    Catholic Social Services Australia, Submission 36, pp. 6–7.
  • 5
    Disability Council NSW, Submission 31, [p. 2]. For example, a support worker may be obliged to attend a 45-minute shift to assist with personal care. Preparation for the shift, as well as travel to and from the participant, may limit the worker's ability to engage in other work. Moreover, and as discussed elsewhere in this report, travel and non-client facing activities are often not paid.
  • 6
    Disability Council NSW, answers to questions on notice, 8 September 2020
    (received 2 October 2020), p. 2.
  • 7
    Queensland Advocacy Incorporated, Submission 16, [pp. 5–6].
  • 8
    Dr John Chesterman, Deputy Public Advocate, Office of the Public Advocate (Victoria), Proof Committee Hansard, 18 August 2020, p. 1. Dr Chesterman also observed that increased casualization is a particular concern during COVID-19, as it leads to people working across multiple sites.
  • 9
    Multiple Sclerosis (MS) Australia, Submission 4, p. 7.
  • 10
    Australian Services Union, Submission 44, p. 11.
  • 11
    See, for example, Catholic Social Services Australia, Submission 36, p. 8; Australian Services Union, Submission 44, p. 11
  • 12
    United Workers Union, Submission 45, pp. 10–11.
  • 13
    United Workers Union, Submission 45, p. 11.
  • 14
    Health Services Union, Submission 46, p. 8.
  • 15
    Australian Lawyers' Alliance, Submission 5, p. 7.
  • 16
    The NDIA has published information on finding support workers, which lists a number of online platforms including Home Care Heroes; Hireup; Mable; Careseekers; Find a Carer; Mobility; Karista; Kynd; Boosted; Clickability; assistnow; tappOn; MyCareSpace; Australian Carers; and You First. See National Disability Insurance Agency, Finding support workers, https://www.ndis.gov.au/coronavirus/finding-support-workers#matching (accessed 10 October 2020).
  • 17
    Centre for Future Work, Australia Institute, Precarity and job instability on the frontlines of NDIS support work, September 2019, p. 5.
  • 18
    Ms Melissa Coad, Coordinator, Stakeholder and Professional Development, United Workers Union, Proof Committee Hansard, 8 September 2020, p. 30.
  • 19
    Purpose at Work, Submission 13, p. 10. PaW referred to Professor Paula McDonald et al, Digital platform work in Australia: Preliminary findings from a national survey, June 2019, https://research.qut.edu.au/centre-for-decent-work-and-industry/wp-content/uploads/sites/35/2019/06/Report-of-Survey-Findings_18-June-2019_PUBLISHED.pdf (accessed 8 October 2020).
  • 20
    Social Policy Research Centre UNSW Sydney, Working in new disability markets: A survey of Australia's disability workforce, May 2020, p. 81.
  • 21
    Social Policy Research Centre UNSW Sydney, Working in new disability markets: A survey of Australia's disability workforce, May 2020, p. 83.
  • 22
    Australian Government, Fair Work Commission, Independent contractors and employees, https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/rights-and-obligations/independent-contractors-and-employees (accessed 8 October 2020).
  • 23
    Australian Lawyers' Alliance, Submission 5, p. 5; Maurice Blackburn Lawyers, Submission 7, p. 7.
  • 24
    Mr Tom Ballantyne, Principal Lawyer, Maurice Blackburn Lawyers, answers to questions on notice, 28 July 2020 (received 19 August 2020), p. 6
  • 25
    Australian Services Union, Submission 44, p. 6.
  • 26
    Australian Services Union, Submission 44, p. 5.
  • 27
    Purpose at Work, Submission 13, p. 21.
  • 28
    Queensland Advocacy Incorporated, Submission 16, [p. 3].
  • 29
    See, for example, Australian Lawyers' Alliance, Submission 5, p. 7; Anglicare Australia,
    Submission 8, p. 8; Disability Council NSW, Submission 31, [p. 3]. The HSU noted that research conducted in the United States found that the intrinsic benefits of care work are insufficient to overcome extrinsic factors such as low pay, precarious employment and unreasonable workloads. See Health Services Union, Submission 46, pp. 6–7. HSU cited Jennifer Craft Morgan, Janette Dill and Arne L Kalleberg, 'The quality of healthcare jobs: Can intrinsic rewards compensate for low extrinsic rewards', 2013, Work, Employment, Society, vol. 27, issue 5, pp. 802–822.
  • 30
    Health Services Union, Submission 46, pp. 6–7.
  • 31
    United Workers Union, Submission 45, pp. 7–8. The UWU recommended that disability workers receive a wage reflecting the skilled and complex nature of disability work. It also recommended that the capacity for wages to exceed legal minimums be built into NDIS pricing.
  • 32
    'Kim' (pseudonym), Support Worker, Australian Services Union, Proof Committee Hansard,
    8 September 2020, p. 26.
  • 33
    Tasmanian Government, Submission 50, p. 6.
  • 34
    Social Policy Research Centre UNSW Sydney, Working in new disability markets: A survey of Australia's disability workforce, May 2020, pp. 49–52. Relevantly, the survey also indicated that some support workers performed substantially fewer hours of paid work than the average in the sector, indicating that lower take-home pay may be due to lower or more fragmented working hours, and to lower hourly rates.
  • 35
    Carers NSW, Submission 19, p. 4.
  • 36
    Carers NSW, Submission 19, p. 4.
  • 37
    Lifestyle Solutions, Submission 11, p. 5. Lifestyle Solutions stated that pay structures should reward staff who improve skills and qualifications, noting that ultimately all elements of remuneration depend on appropriate funding arrangements in the NDIS.
  • 38
    Mr Tim Wilson, Executive Manager, Workforce Development, Cara, Proof Committee Hansard,
    28 July 2020, p. 17.
  • 39
    Australian Services Union, Submission 44, p. 6
  • 40
    Australian Services Union, Submission 44, p. 6. The ASU asserted that increasing hourly rates for NDIS-funded supports, and creating fair income and superannuation arrangements, would clearly signal to the disability workforce that they are valued and help close the current gender pay gap. See also Social Policy Research Centre UNSW Sydney, Working in new disability markets: A survey of Australia's disability workforce, May 2020, p. 49.
  • 41
    Social Policy Research Centre UNSW Sydney, Working in new disability markets: A survey of Australia's disability workforce, May 2020, p. 36.
  • 42
    Australian Services Union, Submission 44, p. 9.
  • 43
    See, for example, Catholic Social Services Australia, Submission 36, p. 7.
  • 44
    See, for example, Purpose at Work, Submission 13, p. 14.
  • 45
    See, for example, Anglicare Australia, Submission 8, p. 7; Australian Services Union, Submission 44, p. 9.
  • 46
    Mr Lloyd Williams, National Secretary, Health Services Union, Proof Committee Hansard,
    8 September 2020, p. 24. See also Social Policy Research Centre UNSW Sydney, Working in new disability markets: A survey of Australia's disability workforce, May 2020, p. 22.
  • 47
    'Katrina' (pseudonym), Member and Support Worker, United Workers Union, Proof Committee Hansard, 8 September 2020, p. 8.
  • 48
    Social Policy Research Centre UNSW Sydney, Working in new disability markets: A survey of Australia's disability workforce, May 2020, pp. 27–34. The report noted that working arrangements are a particular challenge for casual support workers.
  • 49
    Purpose at Work, Submission 13, p. 10. PaW cited Fiona Macdonald, Eleanor Bentham, and Jenny Malone, 'Wage theft, underpayment and unpaid work in marketised social care', Economic and Labour Relations Review, vol. 29, no. 1, pp. 80–96. See also Melissa van Leeuwen, Submission 51, p. 2.
  • 50
    'Katrina' (pseudonym), Member and Support Worker, United Workers Union, Proof Committee Hansard, 8 September 2020, p. 8.
  • 51
    Lifestyle Solutions, Submission 11, p. 4.
  • 52
    Social Policy Research Centre UNSW Sydney, Working in new disability markets: A survey of Australia's disability workforce, May 2020, p. 59. According to the report, this underlines potential retention difficulties, as the industry does not appear to sustain the optimism held by workers early in their careers.
  • 53
    See, for example, Multiple Sclerosis (MS) Australia, Submission 4, p. 7; Cara, Submission 30, [p. 2]; Australian Services Union, Submission 44, p. 11.
  • 54
    Social Policy Research Centre UNSW Sydney, Working in new disability markets: A survey of Australia's disability workforce, May 2020, p. 73.
  • 55
    Social Policy Research Centre UNSW Sydney, Working in new disability markets: A survey of Australia's disability workforce, May 2020, p. 76.
  • 56
    Social Policy Research Centre UNSW Sydney, Working in new disability markets: A survey of Australia's disability workforce, May 2020, p. 77. In addition, respondents observed that training is often unfunded, including training needed to satisfy employment requirements such as workplace health and safety and training directly linked to clients' support needs.
  • 57
    See, for example, Purpose at Work, Submission 13, p. 20. PaW observed that while larger organisations are able to develop structured, progressive learning pathways, small and medium providers often do not have this capacity.
  • 58
    'Katrina' (pseudonym), Member and Support Worker, United Workers Union, Proof Committee Hansard, 8 September 2020, p. 25.
  • 59
    Mr Tim Wilson, Executive Manager, Workforce Development, Cara, Proof Committee Hansard,
    28 July 2020, p. 13. In its submission, Cara noted that providers often deliver training to their staff without the ability to price their own service. It also expressed concern that training costs are high, made higher by high turnover and short client bookings. See Cara, Submission 30, [p. 1]. See also Western Australian Government, Submission 29, p. 5.
  • 60
    Australian Services Union, Submission 44, p. 8.
  • 61
    Queensland Advocacy Incorporated, Submission 16, [p. 5].
  • 62
    Social Policy Research Centre UNSW Sydney, Working in new disability markets: A survey of Australia's disability workforce, May 2020, p. 62. According to the survey report, the most common reasons for the lack of supervision and support related to organisational culture, funding pressure, poor senior management practices and workload pressures.
  • 63
    Social Policy Research Centre UNSW Sydney, Working in new disability markets: A survey of Australia's disability workforce, May 2020, p. 69.
  • 64
    Cara, Submission 30, [pp. 3–4]. Cara recommended providing and preserving essential funding within plans specifically for worker safety.
  • 65
    Mr Tim Wilson, Executive Manager, Workforce Development, Cara, Proof Committee Hansard, 28 July 2020, p. 15.
  • 66
    Social Policy Research Centre UNSW Sydney, Working in new disability markets: A survey of Australia's disability workforce, May 2020, p. 89.
  • 67
    See, for example, Western Australian Government, Submission 29, p. 5; Disability Council NSW, Submission 31, [p. 2].
  • 68
    Social Policy Research Centre UNSW Sydney, Working in new disability markets: A survey of Australia's disability workforce, May 2020, p. 89.
  • 69
    Social Policy Research Centre UNSW Sydney, Working in new disability markets: A survey of Australia's disability workforce, May 2020, p. 92.
  • 70
    Disability Council NSW, Submission 31, [p. 2].
  • 71
    Australian Psychological Society, Submission 40, p. 14.

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