AG2002/4818, Transcript of Proceedings [2002] AIRCTrans 5005 (12 December 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BARTEL

AG2002/4818

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by City of Charles Sturt and Another for
certification of the City of Charles Sturt
Administration Enterprise Agreement No 3 (2002)

ADELAIDE

10.50 AM, THURSDAY, 28 NOVEMBER 2002

PN1

THE COMMISSIONER: Good morning. Thank you, I will take appearances.

PN2

MR P. TRUMBLE: I represent the City of Charles Sturt.

PN3

THE COMMISSIONER: Thanks, Mr Trumble.

PN4

MR D. PAYNE: I appear on behalf of the Australian Services Union.

PN5

THE COMMISSIONER: Thank you. Yes, who is going to speak to the agreement.

PN6

MR TRUMBLE: Thank you, Commissioner. On behalf of the City of Charles Sturt I submit to the Commission that this agreement before you satisfies all the statutory requirements of the Workplace Relations Act, including the no disadvantage test pursuant to section 170LT, and Part VI(e) of that Act. This agreement sets in place the wages, employer relations strategies and specific conditions of employment for our administrative staff for the next three years. Now, with the leave of the Commission I now propose to highlight the changes to the previous agreement that have been agreed between the parties.

PN7

THE COMMISSIONER: Yes.

PN8

MR TRUMBLE: Now, firstly, clause 8.4, page 7: Rights Of Workplace Representatives:

PN9

This increases the rights of workplace representatives to ensure they are given the adequate time, resources and training to be effective in their roles.

PN10

Secondly, clause 10 on page 9: Employment Security, if I could point the Commissioner to appendix 3, which actually gives a flow chart of what I'm about to take you through, called: Alternative Employment Illustrative Diagram. What this does, Commissioner, is that once the position has been identified as redundant, the following process has now been agreed. The first step:

PN11

The employees to be redeployed to a suitable alternative vacant position, if one exists at the same level, or one level below.

PN12

And that:

PN13

That employee can be expected to reasonably learn within 6 months. If such a suitable alternative position does not exist, the employee will then be offered a voluntary separation package in accordance with clause 10.6. If the employee does not wish to take a voluntary separation package, council may attempt to create a vacancy for a suitable alternative position by calling for volunteers from staff who occupy those positions to access a voluntary separation package. If such a volunteer is forthcoming, that employee be granted the VSP and the redundant employee will be re-employed into that consequential vacancy. If no volunteers are forthcoming the redundant employee will then enter what we call alternative work program for a period of 6 months, during which they will be allocated duties and tasks by the council. This will continue pending a suitable alternative position as previously defined being found within council. If at the end of the 6-month period such a suitable alternative position has not been found, the matter will then be referred to the Enterprise Consultative Committee, who will put a plan in place to achieve the necessary reduction in workforce numbers. We also want to reiterate that there is commitment in this agreement to no forced redundancies for the life of this agreement.

PN14

THE COMMISSIONER: Yes.

PN15

MR TRUMBLE: Secondly, clause 14 on page 20, around Fixed Term Contracts there have been some changes to this as well. This clause talks about both the criteria for when fixed term contracts can be used and a process by which Fixed Term Contracts are administered. The changes from the previous agreement are as follows, firstly in clause 14.1.3:

PN16

Upon a vacancy a permanent position can now be converted to a Fixed Term Contract, where the position is not expected to be of an indefinite duration subject to consultation with a workplace representative.

PN17

Secondly, 14.2.1:

PN18

The notice periods for the intention to renew or not to renew a Fixed Term Contract now range from 4 weeks to 12 weeks, depending on the length of the Fixed Term Contract and whether the position is internally, or externally funded.

PN19

Thirdly, clause 14.2.3:

PN20

An internally funded Fixed Term Contract can now be extended any number of times so long as the total period that the position has been filled as a Fixed Term Contract does not exceed 36 months and that has not changed from the previous agreement. Thereafter, the council will decide whether the position is to be made permanent in accordance with 14.3.2, or is to be abolished.

PN21

The agreement also allows that:

PN22

If there are extenuating circumstances, Council may seek to extend the Fixed Term Contract position beyond a total period of 36 months, but only with express agreement of the Enterprise Consultative Committee.

PN23

Fourthly, clause 16: Hours of Work on page 22. The only change there, Commissioner, is the span of ordinary hours for which no penalty payments will be made, will now be:

PN24

From 7 am to 8 pm, Monday to Friday.

PN25

It was previously 7.30 am to 8 pm, Monday to Friday. Clause 18: Leave, starting on page 24, there are a number of changes to leave provisions. Clause 18.2:

PN26

Increases the award stated range of immediate family members for which personal carer's leave can be accessed.

PN27

And clause 18.3 does exactly the same in the case of Bereavement Leave. Clause 18.4.4(d):

PN28

Subject to Council approval an employee may now access their long service leave entitlement in any combination of taking leave and cashing out their leave.

PN29

For example, Commissioner, twice the length of time at half pay, or half the length of time at twice the pay, etcetera. Clause 18.4.5, this clause changes the way payments for long service leave are determined and will now more fairly take into account the employees contracted hours when changes occur over the accrual period, for example, when an employee changes from part-time to full-time and possibly back again.

PN30

No longer therefore would employees payment for long service leave be based on simply the average number of hours worked during the 3 years immediately prior to the taking of leave, or termination of employment.

PN31

It will now be based more fairly on the average number of contracted hours during each year of service during that entitlement period, in a similar way, Commissioner, the other leave provisions are accrued. Clause 18.6.3, Accrued Time Off:

PN32

Any accrued time off accrual now in excess of 37.5 hours will be paid to the employee, instead of accruing indefinitely.

PN33

6(e):

PN34

Salary increases as per clause 24, subject to the certification of this agreement salaries will increase by 12 per cent over 3 years at 4 per cent per annum.

PN35

The last thing I wanted to highlight to the Commission is appendix 2:

PN36

There is a local area workplace agreement for libraries as part of this enterprise agreement.

PN37

This agreement places the City of Charles Sturt Local Area Workplace Agreement, Libraries No 1 of 1998, which was certified by this Commission. The only significant change to the previous agreement can be found in clause 8: Hours Of Work, on page 2 of that appendix like in your workplace agreement. What that says, Commissioner, is:

PN38

The library employees can now work their ordinary hours in any combination in terms of the number of daily ordinary hours between the days of Monday and Saturday inclusive, with a maximum of 10 ordinary hours on any particular day over a 12-week cycle, provided that the maximum of ordinary hours does not exceed an average of 37.5 hours per week or, in other words, a maximum of 450 ordinary hours per 12-week cycle.

PN39

This provides increased flexibility for staff rostering to ensure that service to customers is maximised between Monday and Saturday and the vote - we also did a vote on that for the Commission's information separately with the library people - and 37 were in favour and 2 against. The remainder of that library ..... essentially formalised the terms and conditions that library employees work under presently.

PN40

In conclusion, if the Commission pleases, I recommend to the Commission that you certify the City of Charles Sturt Administration Enterprise Agreement No 3 of 2002, pursuant to section 170LJ of the Workplace Relations Act.

PN41

THE COMMISSIONER: Okay, thank you for that. Yes, Mr Payne.

PN42

MR PAYNE: Thank you, Commissioner. Commissioner, my submission will be brief. I would just like to state for the record that the ASU supports Mr Trumble's submission and the application for certification of the agreement. Clause 4: Period Of Operation, specifies the nominal expiry date of the agreement and is within the requirements of section 170LT(10) of the Act and we also believe, Commissioner, that the agreement does not on balance reduce the overall terms and conditions of employment of employees covered by the agreement.

PN43

Therefore, Commissioner, given that the agreement does not on balance reduce the overall terms and conditions of employment, together with the agreement and statutory declarations meeting the relevant requirements of the Act, as well as having endorsement from Council and employees, we would be urging that the Commission certifies the agreement. If the Commission pleases.

PN44

THE COMMISSIONER: Thank you. Yes, I have had regard to the contents of the agreement and in fact the parties have gone for a 3-year agreement. No doubt, as much as you enjoy negotiating enterprise agreements, a 3-year agreement certainly has its attractions. Yes, look, I have before me an application pursuant to division 2 of Part VI(b) of the Act for certification of the City of Charles Sturt Administration Enterprise Agreement No 3 of 2002.

PN45

I'm satisfied that the negotiation, approval and substance of the agreement meets the statutory requirements necessary for certification and, in particular, that the agreement meets the no disadvantage test, that it contains a dispute resolution procedure and provisions for the re-negotiation of the agreement, that it operates for a period within the maximum prescribed, was approved by a valid majority of employees who genuinely supported the agreement and was filed within the requisite 21 days pursuant to the Act.

PN46

Pursuant to section 170LT, I therefore certify the agreement. The agreement will be binding on the parties set out in clause 3 of the agreement, and will operate from 21 August 2002, and will have a nominal expiry date of 20 August 2005, and a certificate will be issued to the parties in due course. Thank you.

ADJOURNED INDEFINITELY [11.00am]