FWC terminates Murdoch University’s Enterprise Agreement

FWC terminates Murdoch University’s Enterprise Agreement – August 2017 (PDF version)

On Tuesday the Fair Work Commission (FWC) issued its decision approving the application by Murdoch University to terminate its enterprise agreement. This is a significant development in the trend by the FWC supporting employers’ attacks against their employees.

Why did this happen?

Primarily because the rules are broken in a way that encourages a litigious approach to strip power from employees and their bargaining position. After decades of enterprise bargaining in this sector, where agreement after agreement have seen improvements to wage and conditions, this should never have happened.
The FWC decision makes an interesting read in its rationale for approving the application to terminate the enterprise agreement. The following factors were some of the key drivers in the FWC’s decision.

• Murdoch University claimed it is facing significant financial strain with growing operating deficits forecast for the next few years

• So called ‘productivity’ was seen by the FWC and Murdoch University to be reduced due to ‘onerous’ clauses such as academic misconduct committees, academic performance committees, review panels for academic redundancies, lengthy change management procedures, and high levels of annual leave accruals (40 days) before directing employees to take their leave with six months’ notice for academics

• Bargaining was considered to have been going for a long time with 28 meetings and ongoing industrial action

• Murdoch University successfully ran a case against the NTEU for publishing a member update that was misleading, with the FWC finding it was a breach of good faith bargaining (CPSU in WA and United Voice were not part of these negotiations)

• FWC cited a six-month commitment by the university to maintain salaries, superannuation, leave entitlements, redundancy payments, severance payment for fixed-term employees.

There are some key differences between professional staff employment and academic conditions. Professional staff have overtime, penalty rates for evenings and weekends, allowances for shift workers, and compensation for each hour of work performed. These all help manage workloads for professional staff so things like lengthy workload clauses with committees are not a high priority.
If Murdoch had been operating under separate enterprise agreements for professional staff and academics, it is very possible the Professional Staff Agreement would have been in position to be signed before this trouble occurred over what would have been the Academic Enterprise Agreement.
Until recently, while a new enterprise agreement was under negotiations, the existing enterprise agreement was always considered to stay in place until a new agreement was finalised and accepted by a majority of staff who vote. At Murdoch University management was intent on bringing about a range of reductions in staff conditions.
FWC’s decision to terminate the existing enterprise agreement changes everything in the negotiation process. The deadline of six months made by the university as an undertaking means staff will move onto the National Employment Standards and the Higher Education General Staff Modern Award if an agreement is not made within that time. This has changed the employment relationship massively in favour of the university. For NSW universities, the mere threat of this will help shift the goal posts in favour of the employers.

What does this mean for professional staff in NSW?

It is important that:

• Professional staff JOIN the CPSU NSW (PSA), the Professional Staff Union to ensure you have a strong voice to fight for professional staff issues

• Current enterprise agreement negotiations are not unnecessarily delayed through claims that we reasonably believe will not succeed

• Staff support the CPSU NSW claims for separate enterprise agreements for professional staff so that only professional staff can negotiate and vote on their pay and conditions, and so that we are not embroiled in academic industrial matters unless we choose to be so.

Talk to your colleagues, family, friends and neighbours about why the rules are broken, and why we need to Change the Rules to prevent employers taking power from employees who negotiate wages and conditions in enterprise agreements.
Employees should not be held to ransom over pay rises and conditions that were built over years and years of bargaining for enterprise agreements. The ‘safety net’ of the Higher Education General Staff Modern Award comes from a very low base and this should not be seen as the acceptable alternative.
Please note, CPSU NSW members are also members of the Public Service Association of NSW. The PSA is the Associated Body for, and resources and manages, the CPSU NSW, the Professional Staff Union.
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Authorised by Stewart Little, General Secretary, Public Service Association of NSW, 160 Clarence Street Sydney
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University of Technology Sydney Enterprise Bargaining

Member’s update: Meeting number 4.

The CPSU met again with UTS HR Management and the NTEU on 4 July for the 4th Enterprise Agreement negotiation.

The CPSU presented and spoke to “General Conditions” section in our Log of Claims, numbers 21 through to 31. The NTEU presented draft clauses for:

1. Fixed Term Employment – the CPSU’s position is to improve the process of converting fixed term and casual professional staff to continuing employment status. We say that if the position or role continues after 12 months it is a continuing position and conversion to permanent continuing employment should take place (as long as the applicant is merit selected). Not after 3 years, which is in the present Agreement and which the NTEU have not documented for change. They did agree with CPSU proposal of 12 months (then conversion), when discussions took place during bargaining.

2. Managing Change clause – the CPSU is still insisting that if we had a Joint Consultative Committee, it would benefit all unions and bosses, as there would be a forum to discuss all workplace changes and restructures within the University. The NTEU has also proposed the benefits of having a JCC clause in the EBA, by presenting a clause for this purpose.

3. Disciplinary clauses – the CPSU has asked for the inclusion of the definition of “misconduct” and “serious misconduct”. We will revise Clause 54 to 56, which is Part F – Discipline, in the UTS Professional Staff Agreement during our next CPSU pre-bargaining team meeting. Both unions will look at wording in this section of the EBA.

The CPSU presented a new Clause (26) for Health and Safety Representatives in the workplace, democratically elected by their workgroup. We say that HSR’s should have an Allowance, under Schedule 4 in the EBA comparative to the First Aid Allowance, adjusted annually, in line with the First Aid Allowance.

The CPSU can also provide training for HSR’s.

UTS management will be bringing the manager of Work Health and Safety to the next negotiations meeting to respond to the CPSU’s HSR clause.

The next meeting with UTS will be held on the 25 July 2017. It will be EBA Negotiation meeting number 5.

• Now more than ever it is vital for UTS Professional staff to join together to stand up for your rights, if you are not already a member join today
• (https://membership.psa.asn.au/join/)

University of Technology Enterprise Bargaining Members Update

The CPSU negotiating team met with HR management and the NTEU on 20 June, 2017 for negotiation meeting number three.

Management presented two items for change: Sick Leave and Fixed Term Appointments and Conversion.

Management said that managers/supervisors are having trouble with the wording and understanding clause 9 of the EBA regarding fixed term conversion and severance pay and have simplified it. As entitlements remain unchanged, no one challenged the editing.

The university wants to make changes to sick leave. They want: “for the fourth and subsequent sick leave absences in the year”, employees provide a Medical Certificate for every day absent on every occasion. We oppose this.

Both Unions want a Joint Consultative Committee. All NSW Universities, State Owned Corporations and the Public Service of NSW already have JCCs, as a forum for consultation. UTS do not want one. They argued they already consult, but both unions argued it is haphazard at best and needs to be formalised into a JCC.

Further in the CPSU claims are:

·         Additional days for Domestic Violence Leave, bringing it up to 20 days.

·         Specific guidelines for Working from Home.

·         Adding an Allowance for Health and Safety Representatives in the workplace.

·         Clarifying “flexible work place”, which should be accessible to all employees.

·         Backfill positions when staff are absent for more than five working days.

·         Cab charge for employees working past 8pm.

·         There is a need of guidelines for broad banding.

The CPSU will finish discussion on our Log of Claims in the next meeting, scheduled for July 4, 2017.  

• Now more than ever it is vital for UTS Professional staff to join together to stand up for your rights, if you are not already a member join today
• (https://membership.psa.asn.au/join/)

National Weekend Warriors Day

You’ve probably seen the news – penalty rates for hospitality, retail and pharmacy workers could be slashed from July 1.

The good news is we can do something about this if we act now.

An aggressive bosses’ campaign has so far succeeded in creating rules that allow bosses to strip back weekend work protections leaving thousands of Australians at risk of a pay cut they can’t afford and don’t deserve.

These are the people who give up time with their loved ones on weekends and public holidays so that the rest of us can enjoy a meal out, grab some groceries or fill a script when we need to. These are people we know and rely on.

Right now its hospitality, retail and pharmacy workers in the firing line but if we don't take action to change the rules and protect weekend penalty rates, workers in other industries and professions will be next.

The good news is – cuts are not inevitable. Already, thousands of clubs and casino workers have had their weekend penalty rates secured.  How have they done it? With YOUR help! The loud and sustained community voice has helped convince employers that cutting weekend pay would be the wrong thing to do.

We know other employers are watching what happens.

That’s why on July 2 hospitality workers are asking the community to stand with them as one so we can ask the local businesses to agree to not cut the wages of their staff.

July 2 is National Weekend Warriors Day, where union members, supporters and people all over the country who don’t want to see cuts to penalty rates are taking action together. You can register online to receive a pack to take into your local club, pub, bar or café. The pack contains a letter to the manager or owner, some information for staff and customers and a pledge the business can sign to commit not to cut penalty rates for their staff.

We urge you to sign up now for a pack, to have the conversation and to be part of the action on July 2 when we ask the businesses that we support to do the right thing by the people who work for them.

Let’s stop this attack on wages and the weekend before it goes any further. Go here to be involved.

Together, we can protect penalty rates for all weekend workers.

In solidarity,



Sally McManus
ACTU Secretary




Australian Unions Team
http://www.australianunions.org.au/

Sign the petition to stop the transfer of specialist disability services to the private sector

Petition to stop the transfer of specialist disability services to the private sector – May 2017 (PDF version)

The PSA is again publicly calling on the Government to stop the risky privatisation of disability services. We need everyone across the mighty PSA to stand with our members in Ageing, Disability and Home Care.
This Government is continuing with its appalling privatisation agenda, that will give away the services that people with disability need most.  We call on the new Minister for Disability Services, Ray Williams, to halt the transfer of all public disability services to the private sector.
This time they can’t fob us off or use tricky parliamentary processes to bury debate on this issue. We’re strong, we’re united and we won’t stop fighting.
Sign now!
We call on all members to take a minute today to sign and share the petition so we can show the NSW Government we won’t allow it to sell-off our services without a fight.
Click HERE to sign the petition.
Keep up pressure the MPs
Help us get this issue front and centre by emailing your MP today and asking colleagues, family and friends to join you in fighting against disability privatisation.
Emailing your MP is simple, just click HERE and enter your postcode.

Update and Connect with the PSA

If you have moved home or work location, or you have changed your contacts, please update your membership details HERE.

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Authorised by Stewart Little, General Secretary, Public Service Association of NSW, 160 Clarence Street Sydney
Please do not reply to this email address. The PSANews email account is not monitored.
For membership inquiries, please email membership@psa.asn.au

UTS CPSU Log of Claims 2017

The CPSU serves the following claims on the University of Technology Sydney (UTS) for an Enterprise Agreement for professional staff employed by UTS.

That the University of Technology Sydney Professional staff Agreement 2017 shall provide:

1.                  All existing conditions of employment to be maintained for professional staff, unless otherwise improved as a result of negotiations with the CPSU.

Consultation

2.                  The university and combined unions will form a Joint Consultative Committee (JCC) for consultation on matters affecting Employees covered by the Agreement.

3.                  Improvements to the process for policy development will be dealt with through the JCC

4.                  Ensure increased transparency and accountability during Consultation relating to Change Management.

Salary and Related Matters

5.                  Negotiated and fully funded Salary (and allowance) increases guaranteed  over the life of the Agreement. Professional staff are to be reimbursed for any delays and each pay increase will compound onto the previous salary.

6.                  Professional staff provided with career paths through ongoing training and career development opportunities. This will create a trained, multi skilled workforce with increased job satisfaction.

7.                  Any staff member may apply to have the classification level of their position reviewed. If the position is reclassified to a higher level the incumbent will retain the position. 

8.                  Improvements to broad banding, so that all broad banding proposals will be developed in accordance with the agreed guidelines.

9.                  Opportunities to act in a higher position shall be offered to eligible staff on a rotating basis. When considering which person shall act in a higher position, the supervisor shall consider a range of issues including merit, staff development and the fair allocation of higher duties allowances.

Hours of Work

10.              Ordinary hours of duty band to span from 6am until 6pm Monday to Friday excluding Public Holidays.

11.              To ensure the right to flexible work arrangements be available to all professional staff in the University, with all requests documented. When requests are denied, management will provide reasons in writing.

12.              The University shall ensure that when staff work beyond normal hours they will be paid a meal allowance in accordance with the clause in this Agreement.

13.              Cab Charge dockets supplied or reimbursed through NEO to staff working after 8pm as a WH&S measure.

14.              Provision for ‘Working From Home’ arrangements to demonstrate a commitment to providing a flexible working environment;

15.              Working hours and workloads will always take into account caring responsibilities.

Leave

16.              All staff should be able to access their leave at a mutually agreed time and date. The supervisor/manager will provide in writing a reason why leave cannot be granted.

17.              A commitment that professional staff who are on leave for more than one week have their positions backfilled

18.              Improvements to parental leave, including:

                                      i.      primary carer leave regardless of gender,

                                    ii.      fully paid parental leave to fixed term employees if their contract expires after 20 weeks of pregnancy,

                                  iii.      in the event of a multiple birth an employee is entitled to four weeks extra paid parental leave for each additional child and;

                                  iv.       a clear statement that all paid parental leave entitlements shall be in addition to the Paid Parental Leave Act 2010.

19.              A commitment to provide increased support to professional staff experiencing family and domestic violence, including:

20.               

                                      i.      20 days per year for paid special DV leave

                                    ii.      Where requested by the employee, temporary or permanent changes to working times and patterns, changes to specific duties, or redeployment or relocation

                                  iii.      Measures to ensure a safe working environment, for example changing a telephone number to avoid harassing phone calls

                                  iv.      Professional staff cannot be adversely affected at work because they are experiencing domestic violence – for example being disciplined for job performance problems or denied opportunities for promotion, and

                                    v.      Professional staff who support other staff experiencing domestic violence may take carers leave to accompany them to court, to hospital or to mind children

21.              For the purposes of long service leave recognition of prior service is to include service with a controlled entity of UTS, TAFE NSW, CSIRO, and ANSTO.

General Conditions

22.              The preferred employment of professional staff should be on a continuing basis. Continuing positions which are substantively vacant should be filled permanently

23.              Improvements in process of  conversion of fixed term and casual professional staff to continuing employment status

24.              A commitment to investigate provision of public transport (Opal Card) for professional staff

25.              To avoid printing costs and improve sustainability the university will provide their staff with tablets

26.              The Agreement recognises that Professional Staff are involved in delivery of teaching and remunerates them accordingly

27.              A $2000 sign-on payment for all professional staff

28.              Indexing the current employer superannuation contributions so that any increases that result from the Superannuation Guarantee (Administration) Amendment Act 2012 during the term of this agreement will result in increased superannuation payments to professional staff.

29.              Severance payments for fixed term staff to be the same as found in the Higher Education Industry—General Staff—Award 2010.

30.              An outsourcing clause that provides that UTS cannot outsource the work performed by existing professional staff unless:

                                      i.      In particular circumstances where specialised equipment or specialised services are not readily available or cost effective within the University. Supporting evidence to back this claim must be provided in writing to the CPSU.

                                    ii.      The CPSU reserves the right to challenge any potential outsourcing of services/work that are currently done, or could be done by CPSU members.

31.        Professional staff elected as Health and Safety Representatives (HSR) will be provided with an            allowance comparable to the first aid allowance.

32.        Misconduct clause to include and define “misconduct” and “serious misconduct”.

Termination of Employment

33.         Improvements to the redundancy clause, including:

                                      i.      for the purpose of redundancy/retrenchment pay, continuous service is to include any service as a casual at UTS

                                    ii.      payment of all reasonable costs and charges associated with a program of retraining or other agreed measure to mitigate the effects of a position being made redundant

                                  iii.      job search assistance scheme of up to $5000 each, for professional staff made redundant

Other

34.            The CPSU reserves the right to raise other matters throughout negotiations that would     

                 benefit professional staff at UTS.

How much lower can we go? Public Investment in Tertiary Education OECD