Facilitator to introduce yourself and co-facilitator. Try to personalise the acknowledgement of country by referring to local indigenous group
Let the group know that there is no time to go into any specific problems, but we will go through a process of how to resolve issues at the end
Participants work in pairs and will have 10 minutes for this exercise. Give them 3-5 mins to discuss the question. If there’s time, ask an additional question of the group, “what do you want to get out of today?”
5 minute discussion as a group. Facilitator to record responses on a whiteboard/butchers paper. Can be referred back to at the end of the session to ensure we’ve covered everything
This discussion may raise questions about current restructuring. Facilitator can give a brief update but refer group to CPSU bulletin for more infoMajor points to note:8.1.1: must be a definite decision to restructure, must have a significant effect, employer must notify workers and union. Significant effect is subjective, definite decision is objective. Both can be challenged in dispute process8.1.2: significant effects are not an exhaustive list
Points to note:8.2.1: must discuss these issues8.2.2: timing of discussions8.2.3: list of what TAFE must provide to workers and union
Suitable duties must be:Within your statement of duties
Important points to note:Clause only applies to permanent staffDiscretionary application to permanent staff under a probationary period
Important to note:There are often timeframes associated with these forms of action, which need to be followedIf a representative is not available, meetings can be postponed
“Delegate” for the purposes of conference attendance does not mean you have to be formally elected
Plug for training programs – include courses for women, courses for delegates and members wishing to be more active, courses dealing with workplace bullying, public speakingYour organiser and CPSU’s education unit can arrange training for members in the workplace, or in a location convenient to members (eg for our regional members)
Important points:Resolution of disputes must be in a ‘timely’ manner. This is a subjective term which is not defined, but means that disputes must be given due importWhat matters disputes can be pursued:Anything under the EAManagement of conduct and performance guidelinesNES – see next slide
Points to note:The NES are minimum standards. TAFE EA exceeds the minima
Formal process begins with written notification to management rep – this may be your line manager, depending on the dispute.There is no written procedure for informally resolving disputes. Whether it’s appropriate to discuss problems at work depends on the situationRefer to what clause/NES you rely on for your dispute and what resolution you wantMeeting must be held within 5 workings days of your dispute being notified but can be delayed if agreed by both partiesClause then sets out a staged process for escalating the dispute
Question designed to encourage participants to think about collectivising issues and attempting to resolve their own problems
Here we’re trying to get participants thinking about widely/deeply felt issues
Eg, management announces the working day will start ¼ hour earlier from next week.Facts: management’s announced a change without consultationShort notice of changeIssues: what do they mean for workers?Inconvenience eg, childcare, transportFlex timeNon-consultationPossible breach of agreement
Point out there are restrictions around industrial action under the Fair Work Act
Stress empowerment of members being involved in resolving their own problem
This part is designed to give participants the tools to attempt to resolve their own problem
EB: agreement expires 30 June 2013
Outline of Program1. Introduction and acknowledgement of country 5 mins2. Relational question: what’s been on top of your mind lately? 10 mins3. Main content 30 mins • What interest in particular do you have? • Restructures and consultation • Leave? • Disciplinary action and work performance • Union rights • Dispute resolution4. Wrap up • Summary • Troubleshooting and problem solving • Next steps
Welcome and acknowledgement of country The CPSU wishes to acknowledge the traditional owners of the land on which we’re meeting. We pay our genuine respects to owners past and present.
Introduction0 This session will explore some of the most important, and commonly used, clauses of your Enterprise Agreement in some detail.0 We’ll start with some discussion about restructures and consultation. Then we’ll move on to talk about leave issues. After that we’ll talk about disciplinary action, work performance and union rights. Finally, we’ll finish with a discussion about the process of resolving disputes.0 The session has been left broad and applicable to all education support staff.
Relational question0 Find someone in the room you don’t know well, or don’t normally work with0 Discuss the question: “What’s been on top of your mind lately?”0 Can be work or non-work related
Know Your RightsQuestion: What interest in particular do you have in this session?
Restructures and consultationClause 8, TAFE Commission of NSW Administrative, Support and RelatedEmployees Enterprise Agreement 20128.1 Employer to notify8.1.1 Where the Employer has made a definite decision to introduce majorchanges in production, program, organisation, structure or technology that arelikely to have significant effects on employees, the employer must notify theemployees who may be affected by the proposed changes and their representativeor representatives, if any.8.1.2 Significant effects include termination of employment; major changes in thecomposition, operation or size of the employer’s workforce or in the skillsrequired; the elimination or diminution of job opportunities, promotionopportunities or job tenure; the alteration of hours of work; the need forretraining or transfer of employees to other work or locations; and therestructuring of jobs. Provided that where this award makes provision foralteration of any of these matters an alteration is deemed not to have significanteffect.
Duty to Discuss Change8.2 Employer to discuss change8.2.1 The Employer must discuss with the Employees affected and their representatives, ifany, the introduction of the changes referred to in clause 8.1, the effects the changes arelikely to have on Employees and measures to avert or mitigate the adverse effects ofsuch changes on Employees and must give prompt and genuine consideration tomatters raised by the Employees and/or their representatives in relation to the changes.8.2.2 The discussions must commence as early as practicable after a definite decision hasbeen made by the Employer to make the changes referred to in clause 18.104.22.168.3 For the purposes of such discussion, the Employer must provide in writing to theemployees concerned and their representatives, if any, all relevant information about thechanges including the nature of the changes proposed, the expected effects of the changes onemployees and any other matters likely to affect employees provided that no Employer isrequired to disclose confidential information the disclosure of which would be contrary tothe Employer’s interests.8.3 Employees affected by workplace change will be managed in accordance with the NSWGovernment’s Managing Excess Employees Policy, as amended from time to time.
Leave0 There are many clauses in your Agreement which deal with leave. They are mostly found in Section 3 – General Conditions0 Generally, you cannot be directed to take leave. The exception to this is found in Clause 34, which is specific to Annual Leave and states:34.2.3 Annual leave should only accumulate to a maximum of 40 working days.Employees who are Seven-day shift workers or who are required to work regularly onweekends and/or public holidays may accrue to a maximum of 50 days.34.2.4 Should annual leave balances exceed the limits specified in 34.2.3 of thissubclause, the Managing Director may direct staff to take annual leave within a reasonabletime period and at a time convenient to the NSW TAFE Commission.34.2.5 An Employee must take their annual leave to reduce all balances below 8 weeksor its hourly equivalent, and the NSW TAFE Commission must cooperate in this process.
Leave (continued)You cannot be required to take leave during a period ofCollege closure.If you do not want to take leave whilst your College isclosed, TAFE must provide alternative, suitable, dutiesfor you to perform.
Disciplinary action and work performanceDisciplinary action9.1 The Guidelines for the Management of Conduct andPerformance the NSW TAFE Commission Staff apply toPermanent Employees employed in classifications underthis Agreement.9.2 The Guidelines identified at 9.1 of this clause may beapplied on an appropriate basis to permanentemployees employed on probation.9.3 The Guidelines identified at 9.1 of this clause do notapply to Temporary, or Casual Employees.
Disciplinary action and work performanceWork performance0 TAFE NSW’s “Guidelines for the Management of Conduct and Performance” are an example of an instrument that covers your employment but is external to your Enterprise Agreement0 The processes set out in this document must be followed if an allegation of one or more of the following are made against you: 0 Misconduct; 0 Unsatisfactory performance; or 0 A serious criminal offence.0 Importantly, the guidelines are underpinned by principles of timeliness, procedural fairness and deciding each matter on its merits.
Disciplinary action and work performanceWork performance9. Management of Conduct and Performance9.1 The Guidelines for the Management of Conduct andPerformance the NSW TAFE Commission Staff apply to PermanentEmployees employed in classifications under this Agreement.9.2 The Guidelines identified at 9.1 of this clause may be appliedon an appropriate basis to permanent employees employed onprobation.9.3 The Guidelines identified at 9.1 of this clause do not apply toTemporary, or Casual Employees.
Disciplinary action and work performanceImportant points to note:0 If an allegation is made against you under the Guidelines, you should refer to the applicable section(s) of that document and immediately contact your union delegate or representative for advice;0 Never go into a meeting alone. You have the right to be represented and to have a representative or support person present.
Union rights0 Your enterprise agreement contains a number of clauses relating to rights of union members, delegates and officials0 These are mainly found in clauses 55-640 For example, union delegates have the right to: 0 Represent members at meetings with management; 0 Attend Work Health and Safety Committee meetings; and 0 Distribute union publications or material.
Union rightsClause 56: Special leave can be taken by union delegatesfor:0 Annual Conference in May or Women’s Conference in September;0 Meetings, such as Central Council or Women’s Council;0 Unions NSW Annual Conference/ ACTU Congress
Trade union training leaveMembers can take special leave to attend:0 Work Health and Safety (WH&S) courses for WH&S Committee members;0 12 days biannual trade union training leave to participate in the CPSU’s extensive education program – free to members0 See www.psa.asn.au/training for more information
Dispute resolutionDispute Resolution Procedures6.1 The TAFE Commission and its Employees have an interest in the proper application of thisAgreement and in minimising and settling disputes about matters in this Agreement in a timelymanner.6.2 Where a dispute arises in relation to:6.2.1 a matter under this Agreement; or6.2.2 the imposition of a penalty of fine, demotion, or dismissal as a result of a disciplinary processunder the Guidelines for the Management of Conduct and Performance NSW TAFE CommissionStaff; or6.2.3 the National Employment Standards;it will be dealt with in accordance with the procedures set out in this clause.
What are the National Employment Standards?0 10 minimum conditions under the Fair Work Act1. Fair Work Information Statement - employers have to give the Fair Work Information Statement toall new employees.2. Maximum weekly hours of work - 38 hours per week, plus reasonable additional hours.3. Requests for flexible working arrangements - parents and carers can ask for a change in workingarrangements to care for young children under school age or children under 18 with a disability.4. Parental leave and related entitlements - up to 12 months unpaid leave, the right to ask for anextra 12 months unpaid leave and other types of maternity, paternity and adoption leave.5. Annual leave - 4 weeks paid leave per year, plus an extra week for some shift workers.6. Personal / carer’s leave and compassionate leave - 10 days paid personal (sick) / carer’s leave, 2days unpaid carer’s leave and 2 days compassionate leave (unpaid for casuals) as needed.7. Community service leave - up to 10 days paid leave for jury service (after 10 days is unpaid) andunpaid leave for voluntary emergency work.8. Long service leave - entitlements are carried over from pre-modern awards or from statelegislation. For details see the Long Service Leave and the National Employment Standards fact sheet.9. Public holidays - paid days off on public holidays unless it’s reasonable to ask the employee to work.10. Notice of termination and redundancy pay - up to 4 weeks notice of termination (5 weeks if theemployee is over 45 and has been in the job for at least 2 years) and up to 16 weeks redundancy pay.
Dispute resolution procedure6.3 An Employer or Employee may appoint another person, organisation or union to accompanyand/or represent them for the purposes of this clause.6.4 In the first instance Employee(s) or their appointed representative(s), must notify theappropriate representative of Workplace Management of the dispute in writing (‘the disputenotification’). An appropriate representative of Workplace Management may be the relevant linemanager or if the Employee believes the line manager is not appropriate the Employee may requestthat the matter be referred to another officer.6.5 The dispute notification must be in writing and include details of the dispute. The disputenotification should also make reference to clause(s) of the Agreement or the NationalEmployment Standard in relation to which the dispute has arisen and indicate the resolution(s)sought. A copy of the dispute notification will be sent to the Human Resources Manager. TheEmployee(s), Employee representative(s) if one has been appointed, and Workplace Managementrepresentative(s) will meet within five working days, unless otherwise agreed, in an effort toresolve the dispute.6.6 Where after the completion of subclause 6.5 the dispute remains unresolved, the matter may bereferred in writing to the next level of management. A meeting must be held within five working days ofthe dispute being referred in a further effort to resolve the dispute, unless otherwise agreed.
Dispute resolution procedure6.7 Where a dispute is not resolved following the steps in sub-clauses 6.5 and 6.6, the matter may bereferred by either party to the dispute to Fair Work Australia for resolution by mediation and/orconciliation and, if necessary arbitration.6.8 If Fair Work Australia arbitrates the dispute, it may also use the powers that are available to itunder the Fair Work Act.6.9 The parties agree to be bound by and implement any decision of Fair Work Australia subject toeither party exercising a right of appeal against the decision of Fair Work Australia to the Full Bench.6.10 Until the dispute resolution procedures referred to at subclauses 6.1 to 6.9 have been exhausted:6.10.1 normal work shall continue;6.10.2 no industrial action shall be taken by a party to the dispute in respect of the matter that is thesubject of the dispute;6.10.3 the parties to the dispute shall not take any other action likely toexacerbate the dispute.
Problem solving in your workplaceQuestion: if there is a problem in your workplace whichaffects you or your colleague(s), what can you do?
Problem solving processSometimes we react too quickly when faced with aproblem. Often the first thing we do is to suggest asolution before we have looked at the problem properly.We also need to think about what opportunities theproblem provides for organising and building yourunion:0 Does the problem affect more than one person?0 If so, how do others feel about it? Are they willing to take action of some sort?
Problem solving process – 3 questions to ask1. What is wrong? (facts and issues)Get the facts, check you understand them and they areaccurate.What do the facts mean to the people involved?How do they interplay with rights and entitlements?Once we have the facts we can identify the issues
Problem solving process – 3 questions to ask2. What can we do? (options)What are the possible options? Be creative!One option may be to do nothing, another may beindustrial action – but there are many things inbetween.For most options there will be many possible lines ofaction. All should be considered and all should beconsidered as organising opportunities.
Problem solving process – 3 questions to ask3. What will we do? (action)Deciding on the best option involves using a number ofcriteria.Which of the options:0 Is most likely to be successful?0 Is realistic?0 Has a role for the worker(s) with the problem?0 Has the potential to gain the support of other workers?0 Has the potential to recruit new members to your union?
If you’ve tried this and the problem is still there…Speak with your local CPSU delegate (if unsure who thisis, go to www.ourtafe.org.au), or your CPSU Organiser.
What next for your CPSU in TAFE in 2013?0 Enterprise Bargaining – round 20 “Our TAFE” launch at metropolitan College and most regional Colleges