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 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 but that you are a delegate of the conference
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 import
What matters disputes can be pursued:Anything under the EAManagement of conduct and performance guidelinesNES – see next slide
Points to note:1. The NES are minimum standards. 2. TAFE EA exceeds the minima
Point to note:Gillard Government plans to amend the NES to allow workers to request family violence-related leave
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
Know your rights presentation
“KNOW YOUR RIGHTS”
1. Introduction and acknowledgement of country 5 mins2. Relational question: what‟s been on top of your mind lately? 10 mins3. Main content4. Restructures and consultation • Leave • Disciplinary action and work performance • Union rights • Dispute resolution • Problem solving 30 mins5. Next steps 5 mins
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.
Introduction This session will explore some of the most important, andcommonly used, clauses of your Enterprise Agreement in some detail.The session has been left broad and applicable to all education support staff.
Find someone in the room you don‟t know well, or don‟t normally work with Discuss the question: “What‟s been on top of your mind lately?” Can be work or non-work related – you must be happy to share your story with your partner
Question: What do you expect to get out of this session?
Clause 8, TAFE Commission of NSW Administrative, Support andRelated Employees Enterprise Agreement 20128.1 Employer to notify8.1.1 Where the Employer has made a definite decision tointroduce major changes in production, program, organisation,structure or technology that are likely to have significant effectson employees, the employer must notify the employees who maybe affected by the proposed changes and their representative orrepresentatives, if any.
8.1.2 Significant effects include termination of employment;major changes in the composition, operation or size of theemployer‟s workforce or in the skills required; the elimination ordiminution of job opportunities, promotion opportunities or jobtenure; the alteration of hours of work; the need for retraining ortransfer of employees to other work or locations; and therestructuring of jobs. Provided that where this award makesprovision for alteration of any of these matters an alteration isdeemed not to have significant effect.
8.2 Employer to discuss change8.2.1 The Employer must discuss with the Employees affectedand their representatives, if any, the introduction of the changesreferred to in clause 8.1, the effects the changes are likely tohave on Employees and measures to avert or mitigate theadverse effects of such changes on Employees and must giveprompt and genuine consideration to matters raised by theEmployees and/or their representatives in relation to thechanges.
8.2.2 The discussions must commence as early as practicable aftera definite decision has been made by the Employer to make thechanges referred to in clause 18.104.22.168.3 For the purposes of such discussion, the Employer mustprovide in writing to the employees concerned and theirrepresentatives, if any, all relevant information about the changesincluding the nature of the changes proposed, the expected effectsof the changes on employees and any other matters likely to affectemployees provided that no Employer is required to discloseconfidential information the disclosure of which would be contrary tothe Employer‟s interests.8.3 Employees affected by workplace change will be managed inaccordance with the NSW Government‟s Managing Excess EmployeesPolicy, as amended from time to time.
There are many clauses in your Agreement which deal with leave. They are mostly found in Section 3 – General Conditions 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 on weekends 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 this subclause, the Managing Director may direct staff to take annual leave within a reasonable time 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 weeks or its hourly equivalent, and the NSW TAFE Commission must cooperate in this process.
Leave for Matters Arising from Domestic Violence Your agreement contains provisions for staff to use FACS Leave, Sick Leave and Personal Carers Leave for Employees experiencing domestic violence If this leave has been exhausted the employee is able to be granted Special LeaveCollege Closedown You cannot be required to take leave during a period of College closure. If you do not want to take leave whilst your College is closed, TAFE must provide alternative, suitable, duties for you to perform.
Disciplinary action9.1 The Guidelines for the Management of Conduct and Performance the NSW TAFE Commission Staff apply to Permanent Employees employed in classifications under this Agreement.9.2 The Guidelines identified at 9.1 of this clause may be applied on an appropriate basis to permanent employees employed on probation.9.3 The Guidelines identified at 9.1 of this clause do not apply to Temporary, or Casual Employees. However casual employees are still covered for cases of unfair dismissal
Work performance 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 Agreement The processes set out in this document must be followed if an allegation of one or more of the following are made against you: ◦ Misconduct; ◦ Unsatisfactory performance; or ◦ A serious criminal offence.
Importantly, the guidelines are underpinned by principles of timeliness, procedural fairness and deciding each matter on its merits. Question: what do you think these principles mean?
Important points to note: 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; Never go into a meeting alone. You have the right to be represented and to have a representative or support person present.
Your enterprise agreement contains a number of clauses relating to rights of union members, delegates and officials These are mainly found in clauses 55-64 For example, union delegates have the right to: ◦ Represent members at meetings with management; ◦ Attend Work Health and Safety Committee meetings; and ◦ Distribute union publications or material.
Clause 56: Special leave can be taken by union delegates for: Annual Conference in May or Women‟s Conference in September; Meetings, such as Central Council or Women‟s Council; Unions NSW Annual Conference/ ACTU Congress
Members can take special leave to attend: Work Health and Safety (WH&S) courses for WH&S Committee members; 12 days biannual trade union training leave to participate in the CPSU‟s extensive education program – free to members See www.psa.asn.au/training for more information Elected HSR‟s do not need to use their trade union training leave to attend the required 5 day WHS course. Training can be arranged in regional areas
Dispute resolution Dispute Resolution Procedures 6.1 The TAFE Commission and its Employees have aninterest in the proper application of this Agreement and in minimising and settling disputes about matters in this Agreement in a timely manner.
6.2 Where a dispute arises in relation to: 6.2.1 a matter under this Agreement; or 6.2.2 the imposition of a penalty of fine, demotion, or dismissal as a result of a disciplinary process under the Guidelines for the Management of Conduct and Performance NSW TAFE Commission Staff; or6.2.3 the National Employment Standards; it will be dealt with in accordance with the procedures set out in this clause.
There are 10 minimum conditions under the Fair Work Act1. Fair Work Information Statement - employers have to give the Fair Work Information Statement to all 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 working arrangements 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 an extra 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, 2 days 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) and unpaid leave for voluntary emergency work.
8. Long service leave - entitlements are carried over from pre- modern awards or from state legislation. 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 the employee is over 45 and has been in the job for at least 2 years) and up to 16 weeks redundancy pay.
6.3 An Employer or Employee may appoint another person, organisation or union to accompany and/or represent them for the purposes of this clause.6.4 In the first instance Employee(s) or their appointed representative(s), must notify the appropriate representative of Workplace Management of the dispute in writing („the dispute notification‟). An appropriate representative of Workplace Management may be the relevant line manager or if the Employee believes the line manager is not appropriate the Employee may request that the matter be referred to another officer.
6.5 The dispute notification must be in writing and include details of the dispute. The dispute notification should also make reference to clause(s) of the Agreement or the National Employment 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. The Employee(s), Employee representative(s) if one has been appointed, and Workplace Management representative(s) will meet within five working days, unless otherwise agreed, in an effort to resolve the dispute.6.6 Where after the completion of subclause 6.5 the dispute remains unresolved, the matter may be referred in writing to the next level of management. A meeting must be held within five working days of the dispute being referred in a further effort to resolve the dispute, unless otherwise agreed.
6.7 Where a dispute is not resolved following the steps in sub- clauses 6.5 and 6.6, the matter may be referred by either party to the dispute to Fair Work Australia for resolution by mediation and/or conciliation and, if necessary arbitration.6.8 If Fair Work Australia arbitrates the dispute, it may also use the powers that are available to it under the Fair Work Act.6.9 The parties agree to be bound by and implement any decision of Fair Work Australia subject to either 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 the subject of the dispute;6.10.3 the parties to the dispute shall not take any other action likely to exacerbate the dispute. The only exception to normal work continuing is if the dispute is a WHS issue.
Question: if there is a problem in yourworkplace which affects you or yourcolleague(s), what can you do?
Power starts with youin your workplace,not in the union office You can, at any point, seek the support of your CPSU Organiser The following slides show how we approach solving problems in the workplace
Sometimes we react too quickly when faced with a problem. Often thefirst thing we do is to suggest a solution before we have looked at theproblem properly. We also need to think about what opportunities theproblem provides for organising and building your union: Does the problem affect more than one person? If so, how do others feel about it? Are they willing to take action of some sort?
1. What is wrong? (facts and issues)Get the facts, check you understand them and they are accurate.Get the facts in writing, disputes can not be raised on rumours. 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
2. What can we do? (options)What are the possible options? Be creative!One option may be to do nothing, another may be industrial action –but there are many things in between.For most options there will be many possible lines of action. All shouldbe considered and all should be considered as organising opportunities.
3. What will we do? (action)Deciding on the best option involves using a number of criteria.Which of the options: Is most likely to be successful? Is realistic? Has a role for the worker(s) with the problem? Has the potential to gain the support of other workers? Has the potential to recruit new members to your union?
Speak with your local CPSU delegate (if unsure who this is, go towww.ourtafe.org.au), or your CPSU Organiser.
• Enterprise Bargaining – round 2• “Our TAFE” campaign launch at metropolitan College and most regional Colleges – April 2013• Log of Claims meetings – April 2013
• If you‟re not yet a member of the CPSU, join now!• Tell your colleagues about this forum and what you‟ve learned• Go to www.ourtafe.org.au for more information about the “Our TAFE” campaign