TAFE COMMISSION OF NSW ADMINISTRATIVE, SUPPORT ANDRELATED EMPLOYEES ENTERPRISE AGREEMENT 2012 A N E D U C AT I O N T O O L F O R M E M B E R S DEVELOPED BY THE CPSU CURRENT AS AT FEBRUA R Y 2013
A NOTE ABOUT THIS INFORMATIONThe information contained within these slides is intended as general informationonly and not specific advice.If you require advice you should: a)Read your Enterprise Agreement; b)Talk to your local CPSU delegate; c)Call the CPSU on (02) 9220 0900 or 1800 467 932.
BACKGROUND TO ENTERPRISE BARGAININGA changed industrial landscape for TAFE NSW On 1 December 2011 the Technical and Further Education Commission Amendment (Staff Employment) Act was proclaimed and commenced operation As a result, all TAFE staff, and some DEC staff, are now employed directly by the NSW TAFE Commission and not the Department of Education and Communities It also means that TAFE staff now fall under the Fair Work Act 2009 and all future pay increases and improvements in conditions have to be negotiated by your union, the CPSU, through enterprise bargaining
BACKGROUND TO ENTERPRISE BARGAININGWhat is enterprise bargaining Enterprise bargaining is the process of negotiation between TAFE and the PSA/CPSU with the goal of making an enterprise agreement. The Fair Work Act 2009 establishes a set of clear rules and obligations about how this process is to occur, including rules about bargaining, the content of enterprise agreements, and how an agreement is made and approved. This includes a requirement to bargain in good faith. Enterprise bargaining gives workers the right to directly influence the conditions of their employment however, the only way to have strength at the negotiation table is to have a strong union.
ENTERPRISE BARGAINING AND YOUNegotiation is about the power relationship between the employer and employee. Enterprise bargaining only delivers beneficial conditions to workers if they are negotiating as an empowered workforce, that is, high union membership, visibility and activity).A commonly asked question from non members is “why should I join the union, I get the benefits anyway?”The answer is simple: the less power your union has at the negotiating table, the lower our negotiating strength for everyone. MEMBERS + ACTIVISM = POWER
KEY MILESTONES IN NEGOTIATIONS Winning backpay for all staff, despite two separate „deadlines‟ being given by TAFE to accept inferior conditions Forcing TAFE back to the negotiation table when they prematurely put an inferior agreement out to ballot without negotiations being completed Flexible working hours Forced TAFE to maintain ALL previous conditions, despite TAFE‟s initial proposed Agreement falling well short of this promise.
KEY MILESTONES IN CAMPAIGNING Undertaking a comprehensive „listening campaign‟ across 130 TAFE Colleges; Use of videoconferencing in regional areas to communicate more effectively with large groups of TAFE workers Use of LiveChat technology – great opportunity for TAFE workers to ask questions of PSA/CPSU industrial staff about your conditions Launch of the „Our TAFE‟ campaign and website: www.ourtafe.org.au
THE FUTURE OF TAFE NSWTAFE NSW is facing unprecedented threats: rising student fees, an increase ofprivate providers, the increased commercialisation of courses and potentialintroduction of contestable funding.Your union, the CPSU, is committed to working with our members and thebroader TAFE community, including our sister education unions and students,to protect TAFE as a public education institution. You are the union.
Conditions fought for and won by PSA members in the NSW publicservice, like annual leave loading, shift work entitlements, parentalleave, family and community services leave, are at risk of being lost bythe O’Farrell Government’s attacks on the public service.This gives us an indication of what TAFE may be looking to strip awayduring next round of negotiations.Your union is committed to retaining and improving, where possible, the conditions and wages of TAFE workers.
ENTERPRISE BARGAINING AND CAMPAIGNINGIn 2013 the CPSU will commence negotiatingyour second Enterprise Agreement on behalf ofall members.These notes are the first step in ourcampaigning. We will also: Conduct „lunch and learns‟ across workplaces about specific aspects of your Agreement; Provide videos on the “Our TAFE” website (www.ourtafe.org.au) as additional information about specific aspects of your Agreement; and Commence a „listening campaign‟ as the first step in developing a „log of claims‟ to present to TAFE management in the early stages of bargaining.
WHAT DOES MY ENTERPRISE AGREEMENT CONTAIN AND REPLACE?Contains: All rights and entitlements about your employment at TAFE NSW Salaries, rates of pay, incremental progressionReplaces some 50 different awards, including:Crown Employees (NSW TAFE Commission – Administrative and Support Staff Conditions of Employment) Award 2005;Crown Employees (Trades Assistants) Award;Crown Employees (Transferred Employees Compensation) Award;Crown Employees (Librarians, Library Assistants, Library Technicians and Archivists) Award 2008; and
Your Agreement replaces all of your existingentitlements such as determinations andagreements, for example, the DaylightEquivalent Hours Agreement.It does not replace existing TAFE NSWpolicies, agreed statements of duties orposition descriptions, however when there isa conflict between a policy and the EnterpriseAgreement, the Enterprise Agreementoverrides any policy.
HOW DO I READ MY ENTERPRISE AGREEMENTYour Agreement is divided into a number of sections. More than onesection will contain your conditions.Importantly, it contains a series of undertakings, which are found at thebeginning of the Agreement. These undertakings are enforceable and should be read as a part of the Agreement.
HOW DO I READ MY ENTERPRISE AGREEMENTSection 1: Application and Operation This section describes : Which employees are covered by the Agreement ; How long the Agreement applies; A dictionary of commonly used terms in the Agreement; Dispute resolution procedures; Flexibility arrangements; Consultation arrangements; and Management of conduct and performance. This section applies to all staff. Clauses 1-9
HOW DO I READ MY ENTERPRISE AGREEMENT (CONT)Section 2: Employment ArrangementsThis section describes: Who is covered by the section; Payment of salaries and wages; Types of employment and the conditions relating to each type; Promotion appeals; Clauses relating to part-time, temporary and casual employees and school-based apprentices; Ordinary weekly hours by classification; and General conditions relating to working hours, overtime and shift allowances. This section applies to all staff. Clauses 10-22
HOW DO I READ MY ENTERPRISE AGREEMENT (CONT)Section 3 – General ConditionsThis section describes the day to day arrangements about your work. Itcontains information about: Work, health and safety, including personal protective clothing/equipment; Salaries, rates of pay, incremental progression, salary packaging and allowances; Union-related clauses, such as deduction of fees and specific information about the rights of union members and delegates; Leave conditions and entitlements, including annual leave, extended/long service leave, family and community service leave, lactation breaks, leave for matters arising from domestic violence, leave without pay, parental leave, personal carers leave, purchased leave, sick leave, special leave and study leave. This sections applies to all staff. Clauses 23-64
HOW DO I READ MY ENTERPRISE AGREEMENT (CONT)Section 4 – Transferred Employees CompensationThis section contains information about the conditions andentitlement to benefits if your position is transferred underparticular circumstances. This section applies to all staff. Clauses 65-79
HOW DO I READ MY ENTERPRISE AGREEMENT (CONT)Section 5 – Parts A-GPart A – Administrative and Support Staff:This section contains information about the day to day workingarrangements for administrative and support staff, such as: Which employee classification are covered under this section; Breaks; Variation of hours; Standard and flexible working arrangements; Causes relating to work-related travel; Clauses related to work-related allowances; and Clauses related to overtime and higher duties. Clauses 80-125C
HOW DO I READ MY ENTERPRISE AGREEMENT (CONT)Part B – Security and General Services OfficersThis section contains information about the day to day workingarrangements for security and general services officers, such as: Contract of employment; Hours of work and rostered days off; Rates of pay, additional rates, shift allowances, travelling time and expenses and overtime; Personal carer‟s leave; and Changes to existing conditions.It also contains information about monetary rates for specificclassifications. Clauses 126-142
HOW DO I READ MY ENTERPRISE AGREEMENT (CONT)Part C – Early Childhood EducatorsThis section contains information about the day to day working arrangements forearly childhood educators, such as: Which classifications are covered by this part; Contract of employment; Hours of work and rostered days off; Classification structure; Wages, additional rates and allowances; Overtime; Job sharing and relief work; Information about infectious diseases at the Centre or Service; Information about public holidays; and Professional development.It also contains information about monetary rates for each classification. Clauses 143-161
HOW DO I READ MY ENTERPRISE AGREEMENT (CONT)Part D – Printing and Graphic Arts EmployeesThis section contains information about the day to day workingarrangements for printing and graphic arts employees, such as: Hours of work; Personal carers leave; Overtime; Duties and training; and Wage rates.It also contains information about monetary rates for each classification. Clauses 162-168
HOW DO I READ MY ENTERPRISE AGREEMENT (CONT)Part E – Trades AssistantsThis section contains information about the day to day workingarrangements for trades assistants, such as: Hours of work for day workers; Information about working mixed functions; Information about special rates, allowances, overtime, shiftwork and holiday and Sunday work; Contract of employment; Allowances; General leave conditions and accident pay.It also contains information about monetary rates for eachclassifications. Clauses 169-184
HOW DO I READ MY ENTERPRISE AGREEMENT (CONT)Part F – Skilled TradesThis section contains information about the day to day workingarrangements for skilled trades employees, such as: Hours for day workers; Allowances; Overtime, shift work, holiday and Sunday work; Contract of employment; Information about use of tools; and General leave conditions and accident pay.It also contains information about monetary rates for eachclassification. Clauses 185-206
HOW DO I READ MY ENTERPRISE AGREEMENT (CONT)Part G – Hospitality EmployeesThis section contains information about the day to day workingarrangements for hospitality employees, such as: Which employees are covered by this part; Types of employment; Mixed functions; Allowances, overtime, Saturday and Sunday work; and Hours of work.It also contains monetary rates for these classifications. Clauses 207-217
SUMMARYWe hope this information will be a useful guide to your reading andunderstanding your enterprise agreement and your union‟s campaigningin TAFE.From March 2013 we will commence a series of „lunch and learn‟workshops, which will provide more detailed coverage of some areas ofyour agreement.From April 2013 we will provide members with your draft Log of Claimsfor your input and will be conducting endorsement meetings around thestate.