In a case at the independent workplace relations tribunal scheduled for Thursday, the LHMU will argue that the employer’s action is illegal because it is not genuinely trying to reach agreement with the workers.
Dave Kelly, secretary of the LHMU said: “These workers have been trying to negotiate with Carinya for the past seven months and they have not had a pay rise in two years.
“They are not asking for a big money pay rise, just for an extra $1 an hour which will bring them more in line with what the rest of the aged care industry is paying. They also want their annual leave levels back to what they used to be.

'Insult'
“Unfortunately this employer has disrespected and disregarded its employees throughout this negotiation process. At one point it refused to allow union delegates to be at the meetings. Delegates had to fight this at Fair Work Australia and won an order which entitled them to be there.
“Offering its most experienced care workers a rise of just 26c an hour by the end of the three year deal and saying it is not negotiable is an insult. Locking the workers out for seven days is a completely disproportionate reaction to the campaign members have been running at Carinya.
“Members always have the best interests of the residents at the top of their priorities. By preventing experienced staff from working this week, Carinya clearly couldn’t care less about the welfare of residents.”
The LHMU has also written to the Aged Care Standards and Accreditation Agency regarding the lock out because it is extremely concerned that this action will adversely affect the vulnerable residents. They will be without their usual carers for an entire week.

Agency staff
The agency is responsible for ensuring that the highest standards of quality care are met by providers across the state. The letter has also been copied to Mark Butler, the Federal Minister for Ageing.
“The lock out means that an unacceptably high level of agency staff will be employed on each shift at Carinya,” added Mr Kelly.
“Agency staff do not know Carinya residents like our members do. They will not know their routines, how they like their meals or how they like to be woken up in the mornings. These residents and their families deserve better from this provider.”
Support for the workers from the community and from the families of residents has been overwhelming.  Local federal MP Melissa Parke has urged Carinya’s owner Laurie Basire to let the members work and begin negotiations once more.