C2005/4996, Transcript of Proceedings [2005] AIRCTrans 2326 (9 November 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 13316-1

COMMISSIONER SMITH

C2005/4996

DEPARTMENT OF JUSTICE
AND
CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION
s.99 - Notification of an industrial dispute
(C2005/4996)

MELBOURNE

2.33PM, THURSDAY, 27 OCTOBER 2005

Continued from 6/10/2005

Reserved for Decision

PN234

THE COMMISSIONER: Yes, Mr Ewer?

PN235

MR EWER: Thank you Commissioner.

PN236

THE COMMISSIONER: Before you do. Can I thank the parties for the courtesies extended to me during the recent inspections.

PN237

MR EWER: Thank you Commissioner, and speaking on behalf of the CPSU, we thank you for the time and the department for its consideration and on behalf of the union we make a special thanks to Ian Stuart and Jennie Perkins for their assistance on Tuesday. Commissioner, I’ve got a recent summary that I propose to put to you in relation to the administrative offices together with some exhibits, and rather than having your associate on her feet every five seconds, as I managed to do last time, perhaps I could hand them up in one go.

PN238

THE COMMISSIONER: Yes.

PN239

MR EWER: I will seek leave to table that set of documents. Do you wish to deal with them one at a time or?

PN240

THE COMMISSIONER: Are you going to address them at different stages?

PN241

MR EWER: I will yes, certainly. You will see the summary document has a proposed documents and I intend to go through them.

EXHIBIT #CPSU18 SUMMARY OF CPSU ARGUMENTS ADMINISTRATIVE OFFICERS
EXHIBIT #CPSU19 CONSENT TO CHECK AND RELEASE NATIONAL POLICE RECORDS
EXHIBIT #CPSU20 DOCUMENT HEADED DEPARTMENT OF JUSTICE MASTERCARD HOLDER STATEMENT
EXHIBIT #CPSU21DOCUMENT HEADED CONGRATULATIONS YOUR NOMINATION FOR APPOINTMENT
EXHIBIT #CPSU22 DOCUMENT HEADED VICTORIAN STATE EMERGENCY SERVICES DATED 18/10/2005
EXHIBIT #CPSU23 DOCUMENT VICTORIAN STATE EMERGENCY SERVICES DATED 20/10/2005
EXHIBIT #CPSU24 SIGNAL STRENGTH REPORT FORM
EXHIBIT #CPSU25 VICTORIAN STATE EMERGENCY SERVICES OPERATION LOG

PN242

MR EWER: Thank you Commissioner. You will see in our summary document Commissioner, CPSU18 that we list our case in this matter on two lines of argument. The first is that these people are office managers, and not administrative workers as one might expect at the bottom of grade 2. We say that the department argument, that the regional manager is responsible for the office management, misstates what the RM does as for the region as a whole, in contrast to particular officers within it, which are within the purview of the work of the administrative officers.

PN243

Our second argument is that the office support management work that these people do, is far from anything that might be otherwise expected in the VPS because of the operational and technical functions that they are served in the offices. And taken together, we say that those arguments warrant the grade 3 claim.

PN244

Commissioner, if I could take you to the second page of CPSU18, what you’ll see there is a summary table, which on the left hand column, has the various work elements that we wish to take you to, together with the exhibits which you have just numbered for us. Then on the right hand column, the descriptions which we say are called up by the evidentiary material in the middle column. If I could just walk us through those details, I’ll start with the office management work.

PN245

As we saw on Tuesday, this is work that’s largely about the maintenance of membership data bases of various kinds together with the associated accounts work. I can’t stand here Commissioner, and say that that work is not capable of being exercised of grade 2, within the VPS, it is. But, the point that we wish to exercise to you, is that in the context in which this is performed. It is done autonomously and I think that was established by the inspections on Tuesday. I would also take you to some of the exhibits which I’ve nominated there.

PN246

If I can take you to CPSU19, the Police Consent Form. On the back of that obviously standard piece of work, it is the administrative officers who provide the declaration at section 7 on behalf of the organisation. We say obviously, that that’s a declaration of some importance. It wouldn’t ordinarily be the work of a base grade 2, VPS administrative worker. Further, at CPSU20, the Corporate Card Statement. We heard from Jennie Perkins on Tuesday about her corporate card accountabilities and obviously CPSU20, is simply designed to validate the claims that she made on Tuesday in relation to the accountabilities that she exercises in relation to that work.

PN247

CPSU21, the authorisation letter, again that’s a piece of evidentiary material to validate the extent of the accountabilities that these people exercise, and again we say that if we look at the descriptors at the base of grade 2, none of the exhibits at CPSU19, 20 and 21 are encompassed by what the descriptors envisage. Those claims are then made, or developed by us in the right hand column. You will see that in the first instance, the second value range draws up the responsibilities for office support services and assistance for work unit. I think that’s clearly what these people do. However, they have the margin of the accountabilities and operational work, which we say then, draws up the other descriptor at grade 3.

PN248

In relation to the descriptor at 3(l)(e), it was clear that the administrative officers monitor and administrate for local contracts. We also say obviously that the knowledge and proficiency requirements of this work, are accurately described at 3(l)(c) of the descriptors, Authoritative Application of Processes of Policy and also knowledge of relevant legislation, regulations, policies and processes. And finally, and perhaps most importantly, given the autonomy of which this work is conducted, it is quite clear, I think, that the administrative officers, satisfy the requirement of the descriptor at 3(l)(a) accountability determines the work organisation of the work. It was, I think, apparent to all of us that these people organise the work in terms of their own control, and nobody is effectively dictating the organisation, of the way in which they perform their work.

PN249

Moving then to the issue of the supervision of the volunteers and trainees. We also say that this element of the work was discussed in the inspections. Obviously when the parties agreed on the descriptors for the VPS, it is impossible to itemise every particular supervisory possibility and certainly none of us will be able to turn to the descriptors and find how the supervision of the volunteers should be codified. I’ve relied in the right hand column on the descriptor for a grade 2 value range to knowledge and proficiency, as a local reference point in operational processes. But it is also clear that these people work beyond that level in terms of leading a corporate support team. If we define such a team in terms of the administrative work that’s conducted by each of the units and then generally are supervised by the administrative worker.

PN250

That is then developed, as you will see on the last page of CPSU18, Commissioner, in relation to the training that these people provide for unit controllers and administrative workers. To validate that point, I draw your attention to the exhibits which you have numbered for us, at CPSU22 and CPSU23 and these are effectively testimonials on the part of unit controllers testifying to the training provided by Jennie Perkins in the Moe office.

PN251

You will also recall that Mr Stuart in inspections Commissioner, discussed his involvement at the bi-annual conferences of controllers explaining to those people, the latest developments in administrative processes in the SES. The descriptors that we say are warranted by that work are then in the right hand column. We say that if somebody is training a person in administrative work, then it is axiomatic that they are authoritative in application of processes of policies relevant to the work unit, which is the knowledge and proficiency descriptor at grade 3. We also say in relation to the training work that this involves the communication skills of a grade 3 employee. Explains concepts and policies, I beg your pardon that should be Commissioner, policies to clients, stakeholders and staff and also another descriptor in the communication element at grade 3, communicate professional technical concepts and advice.

PN252

Finally, then Commissioner, as I’ve indicated, it is our contention that the administrative work is one thing. But we also must bear in mind the context of that work is a fairly unusual organisation in the VPS. This is not administrative work conducted in a large processing floor of DHF or something. This is work in an emergency response environment and it draws up into that environment, the administrative officers in the provision of technical operational services that wouldn’t ordinarily be expected of VPS administrative workers. I have therefore, provided you with some evidence of that material at CPSU24. That is the testing of technical equipment by radio obviously, telecommunications equipment by the administrative officer in the Swan Hill office, Judy Noblet. We say, that although it’s difficult I would acknowledge, it is difficult to measure that precisely in terms of the VPS descriptor, we say that it is a technical specialist function, which needs to be assessed and the closest that we contend, the closest descriptor we contend that makes that work, is the one at 3(l)(g), conducts field at desktop studies as part of the team.

PN253

Then finally, CPSU25, is an excerpt from the operations log, again at Swan Hill, involving Judy Noblet. We say that that’s an operational service delivery task involving the assessment of client needs, essentially. We’ve drawn up two descriptors, one at two value range 2 and the other at grade 3 value range one. I won’t take you to all of the detail of CPSU25, but it’s obvious that Ms Noblet in the course of that work, is playing a significant and sensitive operational role as required and that work needs to be assessed over and above anything that’s associated with the administrative that normally routinely occupies these people. If the Commission pleases.

PN254

THE COMMISSIONER: Thanks Mr Ewer. Mr Smyth? If you want the lectern, it will probably assist you.

PN255

MR SMYTH: Commissioner thank you. Thank you for your opening remarks this afternoon, I do appreciate and the department appreciates the time you’ve taken with this matter. This afternoon we will provide you with evidence that justifies the department’s decision, the classified positions of regional SEMO at grade 4, and the administrative officer at grade 2. We will do this Commissioner, by providing the organisational context to the positions in question. By providing you with background to those positions. By referring to the position descriptions and matching them to the appropriate grade descriptors, specifically in relation to the work environment and typical functions for each role. And to just clarify certain claims made by the CPSU in their submission.

PN256

Commissioner, it is our submission that the evidence will leave you in no doubt, that the classifications assigned by the department, are correct and valid. It is our submission to you that they should be addressed. Before proceeding any further Commissioner, I would like to state that the people occupying these positions, in question, perform important and valuable work for the department and that work is valued. In addition, I would like to extend the appreciation of the department to the CPSU and to Peter Ewer, in particular, and acknowledge how they assisted in progressing the classification reviews in the SES.

PN257

Notwithstanding the fact that there are three positions in dispute, the department and the CPSU have been able to reach agreement on the position descriptions for the regional managers and the CMOs and tentative agreement on the regional administrative officers. We have been able to reach agreement on the classification level for the senior training officer. And we have been able to reach agreement on a process with your goodwill, to resolve these matters. On balance, I would argue Commissioner, there is more that unites us than divides us.

PN258

I am also certain Commissioner that we will implement your decision in the same spirit that has characterised the process to date. Can I now turn to the substance of the department’s submissions Commissioner and I am happy to take the lead of Mr Ewer in relation to handing up to you, all the exhibits at once and proceed that way. These have been previously just prior to the hearing, provided to Mr Ewer. I trust they are in the order they will be referred to in the submission, Commissioner.

PN259

THE COMMISSIONER: Do you want to mark them now, or mark them as you come to them?

PN260

MR SMYTH: Whatever would be easiest for you. I’m happy for them to be marked now, if that’s easier.

EXHIBIT #JUSTICE 1 VICTORIAN STATE EMERGENCY SERVICES ORGANISATIONAL CHART
EXHIBIT #JUSTICE 2 POSITION PERSON SPECIFICATION

PN261

MR SMYTH: Commissioner, just to clarify that one that was the Manager Community Safety or the Deputy Director.

EXHIBIT #JUSTICE 2 POSITION PERSON SPECIFICATION MANAGER COMMUNITY SAFETY
EXHIBIT #JUSTICE 3 DEPUTY DIRECTOR OPERATIONS
EXHIBIT #JUSTICE 4 EXTRACT FORM PUBLIC SERVICE AGREEMENT EXCEPTION MATTERS ORDER
EXHIBIT #JUSTICE 5 BUNDLE OF DOCUMENTS WITH REGIONAL MANAGER HEADING

PN262

THE COMMISSIONER: I might have two of those.

PN263

MR SMYTH: You might indeed Commissioner, because I’m missing one.

PN264

THE COMMISSIONER: I’ll hand one back to you.

EXHIBIT #JUSTICE 6 VPS NON-EXECUTIVE CAREER STRUCTURE, CLASSIFICATION AND VALUE RANGE DESCRIPTORS
EXHIBIT #JUSTICE 7 THE SEMO
EXHIBIT #JUSTICE 8 VALUE RANGE DESCRIPTORS FOR THE SENIOR EMERGENCY MANAGEMENT OFFICERS
EXHIBIT #JUSTICE 9 DESCRIPTOR FOR REGIONAL ADMINISTRATIVE OFFICER

PN265

MR SMYTH: Commissioner, in the first instance I would like to outline to you the overall organisational context of the SES and refer you to the exhibit marked Justice 1, the organisational chart. The community established and highlight to you in relation to the – in the Vic SES there is a director of Vic SES on the far left hand side as overall responsibility for the outcomes of that particular organisation. The director reports to the executive director in the Department of Justice, who in turn reports to the secretary of the department. So there are two layers of executives seated above the director. In an overall sense the director SES is charged with those outputs and outcomes of the area.

PN266

The next most senior positions in the organisation as they relate to the issues before us are the Deputy Director of Operations and Emergency Management, which is just to the right of the director, in a box on the next level down. I don’t know if you - - -

PN267

THE COMMISSIONER: Yes.

PN268

MR SMYTH: And following a line from that particular position, the Deputy Director of Operations, if we move to the right and then down a little, we come to the position marked the Manager Community Safety and they are the two roles I would like to speak to in terms of the context Commissioner. Commissioner if I can take you to Justice 3 that you have just marked, position description entitled, Position and Person Specification for the position of Deputy Director Operations.

PN269

THE COMMISSIONER: Yes.

PN270

MR SMYTH: Commissioner, in the first instance I would ask you to note that the classification level of this position is grade 6 and I would also like you to note that all regional managers report to this role. My intention is to look at this position and also cross reference that with the document that you have just marked as Justice 4, the Exceptional Matters Order, in relation to the grade descriptors, as part of the VPS agreement 2004.

PN271

Commissioner, the intent here is to give you a clear understanding of the context and the roles in the dispute. In this instance, the Deputy Director Operations, as it relates to the role of the regional managers. I just previously indicated to you that the Deputy Director Operations is charged with providing line management of regional managers and director reporting of state headquarters managers. If you look at Justice 4, and looking at page 90, the best fit that we have for that particular role, the most obvious alignment for that duty, is really under the typical functions of page 91, to manage a large scale organisational service. It is not a regional delivery function, it is a large scale organisational service.

PN272

Referring back again to Justice 3, Duty Statement 1.3 says the responsibility of the Deputy Director of Operations is to develop operational and emergency management policy, and oversee it’s implementation. We would argue that the best alignment again is a typical function of a grade 6, responsible for operational policy or service development in a major functional area. Duty 1.4 Commissioner, on Justice 3, develops procedures to ensure the effective management of Vic SES regional officers and volunteer units. Again the best fit for actual alignment is grade 6 that the output is for responsible for operational policy for the major functional area, and manages a large scale operational service. Duty 1.5 on page 1 of Justice 3, charges this officer with ensuring the development of appropriate service policy and plans to address counter terrorism and meet SIPSAC requirements. Again the natural alignment for this function is in the work environment of a grade 6 role. Identifies and responds to the unit emergency tech issues impacting on the operating environment.

PN273

Duty 1.6 on page 2 of Justice 3, undertakes a key role in the long term strategic planning and development of budget submissions. The work environment of a grade 6 in the grade descriptors in Justice 4 states, participates in strategic planning and contributes to strategic decision making processes. A typical function, is to manage an area with significant budget staff responsibilities or strategic importance. Again, Justice 3 page 2 duty 1.7 the best fit for the work environment and the typical functions of a grade 6 role, captured by subject matter report, responsible for operational policy, manages a large scale organisational service.

PN274

The final duty at Justice 3 at 1.8 is to liaise with senior representatives in government and non-government agencies and represent Vic SES on relevant state or federal communities or working parties. Again we submit to you, the best fit for that is the grade 6, under work environment, uses knowledge of structures and processes of cultural government, the sector and the department to develop policies and new program or project initiatives. Then the typical function of a grade 6 role, it initiates, manages and negotiations with peers, internal and external to the work unit. Again, commitments to projects and delivering of activities to meet time lines.

PN275

Commissioner, the point of providing this information is to indicate to you that this role is the most senior operational and functional position in the Vic SES. It is this role, the role that is responsible for the management of the regional managers. It is the role that best fits a grade 6 and is classified accordingly. The typical functions in the work environment of the grade 6 role is described in that position description. To determine that all the regional managers fit this category would be wrong in terms of the right classification we submit and organisationally highly dysfunctional.

PN276

Commissioner, the other role I wish to briefly take you to is that of the Manager Community Safety. This was Justice 2 and again I would like to briefly align that role with the typical functions of work environment under Justice 4. Could you in particular note Commissioner, that this role reports to the Deputy Director Operations and it’s classified at grade 6 primarily for it’s technical expertise, rather than it’s managerial functions. I seek to be able to go through a similar alignment process just referencing the duties with the grade descriptors.

PN277

THE COMMISSIONER: Yes.

PN278

MR SMYTH: Duty 1 on that particular Justice 2 exhibit Commissioner, is that this role has to develop, implement and oversee the management of organisational policy, initiatives and projects related to the emergency management planning at local and regional, state and national levels. We submit to you Commissioner, this is a duty that is best described and captured in the typical functions of a grade 6 which states, responsible for operational policy or service development, impacting on a major functional area. Duty 2, 1.2 as it is stated in Justice 2, is to develop and manage the implementation of strategies to enhance community safety through emergency management planning programs that meet and identify community needs.

PN279

Again, we submit to you the natural alignment for this is a grade 6 where it states, identifies and responds to new emerging strategic issues impacting on the operating environment. Commissioner, the duty 1.3 in this role is to monitor and examine all relevant legislation relating to emergency management planning and be responsible for developing strategies that meet identified or potential shortfalls in community emergency planning matters.

PN280

Again the best fit is a grade 6, where it states that in the work environment, identifies and responds to human emerging strategic issues impacting on the operating environment. Duty 1.4 is to develop policy for and manage the process of audit emergency plans. The best alignment for this duty is the typical function of a grade 6 where it states, the senior stakeholders on policy issues and solutions within a functional area. Duty 1.5 develop, implement and oversee the management of organisational business continuity arrangements. The best fit is a grade 6 typical function states, manage an area significant budget, staff responsibilities or strategic importance.

PN281

The final duty Commissioner is to develop policy for and provide high level management planning advice for major events conducted within the state. This again fits very neatly under the typical functions of a grade 6. Develops briefs on highly complex issues that provide options for decisions at the highest level within the organisation.

PN282

Commissioner, these roles, the roles of Deputy Director Operations and Manager Communications of Safety are classified at level 6 and it’s these roles that are aligned to those descriptors and the department requires the occupants to perform at that level. Turning specifically to the role of the regional managers. Commissioner, CPSU1 is the agreed position description for the regional managers in Vic SES other than the central manager. We submit to you that the correct classification for those is at grade 5. I acknowledge and will speak briefly to the fact that one of those regional manager roles, the regional manager central, is classified at grade 6 We would argue there is justification for that.

PN283

A little bit of background to these roles, is that prior to the new classification structure, these roles were classified at BPS band 4. On translation they were put into an over grade situation at grade 5. The department assessed these roles and then confirmed that they were grade 5 roles. In doing so Commissioner, the department went through a process that is outlined in Justice 6, where they looked at the overall functions and tasks of a regional manager and aligned them in the context of the requirements of VPS descriptors and took a best fit approach.

PN284

I’ve tabled Justice 5 and 6 so I don’t intend to read them into transcript. However, I would like to just highlight a couple of points if I can Commissioner. Justice 6 has been done by the department’s human resource area. This is the area that is responsible and tasked with determining the classification levels positions across the department. I would submit to you Commissioner they are experts in their field. That process is designed on identifying what is the best fit for the actual roles and tasks and functions.

PN285

Commissioner, a brief look at Justice 6 would hopefully highlight to you that the most appropriate fit, the best fit and natural alignment for this particular function and task is at grade 5. We note and the CPSU noted in some of their submissions, that some of the aspects of the role of a regional manager hits the cusp and moves into grade 6 on occasions. But overall we would submit, that the best fit is for that grade 5. In Justice 5 we’ve gone through in more detail why we would argue that to be the case. One of the significant planks of the CPSU argument in relation to, in their view, the appropriate classification of a grade 6 for a regional manager, was in fact, there is no difference between the regional manager, that a regional manager may do in one of the rural regions and the work of the regional manager central. As we have already indicated to you, the regional manager central is classified at level 6.

PN286

The department does see a difference and if I could refer you to the position description of the regional manager central, which is previously tendered as CPSU2. I just highlight briefly if I may a few of the salient factors that do make this role different, significantly and substantially different I would argue Commissioner. If you look at the work environment section of that particular exhibit, it really is reflecting on a couple of points. In that work environment it states that the Vic SES region is the largest regional headquarters in the state. It comprises 32 units. Essential region comprises 40 per cent of Vic SES operational volunteers. To be precises that figure is 46. As an aside, I recall the CPSU indicating that the correct figure would be 32. Well you can get 32 per cent Commissioner, however, if you are calculating the total percentage of volunteers in the central region, compared to the total number of volunteers in all other regions, the figure is 46.

PN287

But without wanting to put words in Mr Ewer’s mouth, I dare say he will stick to his figure and I’ll stick to mine on that. The other point worth noting Commissioner, is that the central region is responsible for the emergency planning for 33 municipalities, representing more than 80 per cent of the states population. It has twice the number of full time staff than the other regions. In CPSU2, you will note that the key selection criteria 2.3 states that to get appointed to this role, that is the role of the central manager, the person has to have “a proven capacity successful communicate and implement corporate objectives effectively in a regional context”.

PN288

In other words, Commissioner we would submit to you that the central region is a step up from the regional area. As well as having the most of the states population, more volunteers, more municipalities, it also has more events, more major events and more of a major infrastructure.

PN289

THE COMMISSIONER: Where does this person sit on the organisational chart, Justice 1?

PN290

MR SMYTH: I put that chart away Commissioner.

PN291

THE COMMISSIONER: Sorry.

PN292

MR SMYTH: As I look at the organisational chart Commissioner, if you go to the third bottom line on the left hand side, central region and all the others, and they report directly through to the Deputy Director Operations. Does help clarify?

PN293

THE COMMISSIONER: Thank you, yes it does.

PN294

MR SMYTH: I don’t intend to list an exhaustive summary of the major events that occur in the central region, but I would just like to list a few, and mainly for my benefit. The Royal Melbourne Show, the Australia Formulae Grand Prix, Moomba, the State Road Rescue Challenge, Oxfam, the St Kilda Festival, Doncaster Festival, Upper Yarra General Rescue Weekend, M2006 Boating Commitments, M2006 Melbourne Motor Bike Centre, New Years Eve celebrations and fireworks on the Yarra, Mercury 05, Melbourne Festival, Corn Festival, Darebin Multicultural Festival.

PN295

The major infrastructure that’s in that particular region Commissioner, includes MCG, Station Pier, Docklands precinct, Werribee Zoo, Westgate Bridge, Essendon Airport, Port of Melbourne, Port of Hastings, Telstra Dome, Melbourne Zoo, VicRoads Control Growers, Melbourne Airport, Moorabbin Airport, Westfields Shopping Centres, Melbourne’s Water System, EastVic Road Project, Box Hill Centro Transport Hub, Spencer Street Rail Project.

PN296

Just the sheer size of some of the airport facilities Commissioner, we would submit makes this role different. Given these factors, an assessment was made that this role fits within the grade 6 descriptors. We would submit to you that in the same volume and in the same magnitude these factors are not replicated in other regions. If I can just clarify and put into context a couple of the submissions made by CPSU. CPSU, I think inferred that recruiting volunteers was more difficult in rural regions, than central regions. No data was submitted by the CPSU to back that claim, but we don’t necessarily disagree with it, it is difficult to recruit and retain volunteers. We would submit to you that it is difficult to do that in rural and central regions.

PN297

One of the major events we just referred to was New Years Eve celebrations and fireworks. The challenge of getting volunteers to participate on New Years Eve functions is very considerable. The central region has other difficulties, Commissioner. For example, given day release for volunteers in the central region who those volunteers frequently have full time paid employment is very challenging. We don’t disagree with the CPSUs submission, but we would argue that it is equally difficult in the central and the rural, and maybe the central has a few more challenges.

PN298

In exhibit CPSU6, the CPSU seemed to indicate that the hours and tasks was the most important factor. So the hours and task was the most important factor. It is our submission that the key focus on that particular document, should be on the number of tasks. In the data provided the central region has more tasks, 6,662 than all the other regions put together. In total the other regions combine 4,709. The last point I’d like to make is that the CPSU referred to the department’s submissions in respect to the political interest in the central region in relation to other regions.

PN299

I would submit to you that the point being made in our submission, is that there are more events, and many more events within the central region and therefore, given the equal community and political interests in major events in all regions, central and rural, the fact is that there is more in the central region, by volume alone. On that basis, the community and political interest is we would submit the same, central or rural, the fact that there is more in the central, makes that interest greater in volume only. Commissioner, that concludes our submissions in relation to the regional managers and those matters.

PN300

I’m happy now to move through to the senior emergency officers, or the SEMOs if you are happy to do that. We previously submitted through to you the department’s overview in relation to the SEMOs at Justice 7, and again I don’t intend to read it out, that submission, I am happy for that to sit. But I would like to make the following points if I may, Commissioner. At present the role of the SEMO is classified as a grade 3 function. Following the work value review process the department recognised that the correct work value of a SEMO was level 4. The department proposes to translate all SEMOs to classification level 4, subject to the outcome of these deliberations.

PN301

We submit to you that from an organisational context the level of the SEMO, is grade 4. This level mirrors the classification of a senior training officer level. If this alignment is not maintained, we would submit to you Commissioner, that the overall structure and cohesion of the organisation would be significantly jeopardised.

PN302

THE COMMISSIONER: Could you assist me with one further matter? In relation to Justice 1, can you give me another document that shows me the rank structure?

PN303

MR SMYTH: None of it are ranked Commissioner.

PN304

THE COMMISSIONER: I can see some crowns and pips.

PN305

MR SMYTH: I don’t have that document with me.

PN306

THE COMMISSIONER: No, but could you do that for me? And the various levels just the nature of the insignia on the epaulets I would be grateful?

PN307

MR SMYTH: We will submit that to you tomorrow.

PN308

THE COMMISSIONER: Thank you that would be terrific.

PN309

MR SMYTH: The agreed position description for a SEMO has we would argue, a both best fit as a grade 4 and the department requires you to all those important, to point you to that role. In brief Commissioner, SEMO's report to the regional manager and for technical matters they report to the Manager Community Safety, which is why I referred to that position description in the earlier in the submissions. And it is the Manager Community Safety, who is the Vic SES expert in community safety matters.

PN310

Commissioner, municipalities write their own emergency management plans and the SEMOs provide technical assistance advice and facilitation. SEMOs do not exercise any authority under the provisions of the emergency management manual of Victoria. The Manager Community Safety has responsibility for defining and publishing service policy and providing service level comment to external policy and procedure in relation to the fields of emergency management and community safety.

PN311

In the normal course of events, SEMOs operate within established policy and guide lines. SEMOs do have an important role in the development of municipal plans. They facilitate and encourage, provide technical advice, and at times cajole the product to its completion. But they are not responsible for its completion. Nor are they accountable for it. Commissioner, the classification assessment of a SEMO is outlined in Justice 8 and you will see there in that assessment, it is recognised that a couple of the functions are placed at a higher level than grade 4. However, we would submit to you Commissioner, that the overall majority of tasks, functions and duties of a SEMO are at a grade 4 level.

PN312

The accountability and frameworks, the knowledge and proficiency, the policy projects, operational service delivery, all neatly best and are most appropriately placed at grade 4. If I could turn briefly to some points raised in the submission of the CPSU regarding the SEMOs. At PN127 the CPSU stated and I hope I’m quoting relatively accurately Commissioner:

PN313

It is their job –

PN314

The SEMOs job:

PN315

To coordinate across agency cooperation that is needed to provide an effective management response for the geographic locations to which they are located.

PN316

Commissioner, we would submit to you that the core work of a SEMO is to apply the principles of the emergency manual of Victoria to assist the municipalities to formulate emergency management plans. At PN137 it was submitted that:

PN317

It says that that SES are considered to be the expert in the emergency management planning and the people who are being spoken about are the SEMOs.

PN318

Commissioner, we would submit to you that the Manager Community Safety is the authority, is the expert in the area of emergency management for the SES. At PN138 and 139, in the second duty of CPSU8 under that particular exhibit, CPSU8, it states:

PN319

Provide of specialist advice to divisional emergency response and regional emergency recovery coordinators

PN320

We would argue that links directly to descriptor 4.1(b) in Justice 8. At PN150, and again this relates to CPSU13. On transcript the CPSU states:

PN321

The reason why CPSU13 is important is because it indicates who has the expertise of emergency management practises.

PN322

It is our submission to you that the Manager Community Safety is the expert, and is accountable for developing policy in this area. SEMOs are consulted and they provide input, but it is the Manager Community Safety who is the Vic SES expert. The CPSU at PN131 spoke about the fifth duty in CPSU8 and again I am quoting and hopefully correctly:

PN323

This again goes to the development and delivery of training and education programs including exercise

PN324

SEMOs do deliver the introduction to emergency management, or the IM course, it is a two day course and the contents and structure are defined by the Manager, Community Safety. At PN170 the CPSU submitted that value range descriptor at 5.1(f) knowledge of proficiency, best describes the work of a SEMO in terms of a train derailment exercise that they were referring. That is, SEMO provides leadership and guidance to other specialists in the field. We would submit to you in that particular matter that descriptor 4.1(f) better reflects the work of a SEMO in that role. That is, manages operational work teams.

PN325

At PN185 the role of a SEMO in the order of emergency management plans was described. With respect to the emergency management plans audit function, it’s usually conducted every three years on each plan. SEMOs apply an assessment matrix to present to the presented plans and provide comment through the manager, community safety, to inform the director of SES advice to the client organisation regarding the standard of compliance within the published guidelines.

PN326

At PN191 the CPSU, if I’ve heard their submission correctly Commissioner, contended that SEMOs are the preferred position for operational command in times of a crisis and they are in the best position to undertake that operation or command if that is required. That is not the department’s view. Our submission is that the most appropriate person with the most appropriate capacity would perform that role. At times that may be a SEMO at other times it could be a senior training officer. Furthermore, at PN215 it was stated that SEMO is the role where in the absence of the regional manager, that function would automatically default. Commissioner, it’s the department’s submission that that is not the case.

PN327

The department’s view is that either a SEMO or a senior training officer, can fulfil that role. In fact, the current central manager is away and that role is being filled by a senior training officer. At PN219 the CPSU referred to position descriptions from other departments. Commissioner, I’m not an expert for the structure of the Department of Health, or Department of Human Services, should I say, so the context of those roles is not known to me, nor would I submit, any evidence provided in relation to that.

PN328

However, I would state that a casual glance at these descriptions demonstrate that these roles are very different to that of a SEMO. For example, the emergency manager coordinator in the Department of Human Services, has specific responsibility for emergency management strategies and they manage, lead and develop a team of employees. It is our submission, just on those two points alone, differentiates the role of that particular position from the role of a SEMO. That concludes the submissions in relation to the SEMOs. I don’t know if you are happy for me to return now to the regional administration officers.

PN329

THE COMMISSIONER: Thank you.

PN330

MR SMYTH: In relation to regional administration officer, again I think on the work site visits, it was demonstrated to us all that that the regional administration officer performs that work and their contribution to the function of the SES is valued. As with the other roles that the department has presented to you, the department’s human resource area, the area tasked with the responsibility charged with the responsibility for assessing positions, has done an assessment of the regional administration officer role, and that’s been submitted as Justice 9.

PN331

THE COMMISSIONER: Yes.

PN332

MR SMYTH: I again don’t intend to read all that, but I think Commissioner, you can see from the assessment that clearly the most appropriate and the best fit, the natural alignment for that particular task and function of these regional administration officers, is that of a level 2. We do acknowledge that there is - - -

PN333

THE COMMISSIONER: Is it a line ball between value range 1 and value range 2 on Justice 9?

PN334

MR SMYTH: Yes, Commissioner, speaking frankly, I think that’s yes. I don’t have any instructions to go further. But it is an observation, my colleague at the end might have something more to say about that, but yes I think that observation is valid and correct. But we do place, as I said, at least one of the decision making aspects, at the level 3 and we acknowledge that. But we would argue that the overwhelming majority of tasks, communication, knowledge and proficiency, policy and projects, administrative and corporate support and operational service delivery, fit into the grade 2 range.

PN335

In terms of the grade descriptors that were previously submitted as Justice 4 and typical functions, compared to the grade 3, to the grade 2 descriptors, we would argue that the work environment where rules are applied, procedures and standards under general supervision, judgment is required to solve problems arising in their own work program. They are required to explain rules, procedures and operational policies to individual clients or colleagues. They do understand and apply the theoretical principles under supervision to achieve defined outcomes. In the typical functions they collect data, basic analysis, preparation of simple reports, provide office support, provide standard services of general public or clients, including initial advice and referral and they draft routine internal reports and correspondence. I would argue that these features were evident both in the position description, tentatively agreed and also in the work site visits that we witnessed on Tuesday. These features are all aspects of a grade 2 role.

PN336

Very, very briefly on some of the points that were raised by the CPSU this afternoon. The administration officers do have access to a government credit card. They do have authority to spend money. There is a limit to that in terms of basically $2000 per transaction and a monthly limit of between $5000 to $6000. They are the authorising officer with the prior approval of their regional manager. The functions of the regional admin officer are very much largely determined by the administration manual. But the management of the regional office is the responsibility of the regional manager. That point is noted in the position descriptions of the regional manager.

PN337

Some local contracts and service agreements are negotiated at the local level and at times by the administration officer. They do determine at times, the work organisation of the work area, but generally that would be for a very limited duration. And they may lead a corporate support team, as noted in grade 2 descriptors, and they have at times, as we’ve heard, on the web site visits, supervise trainees. The CPSU raised this afternoon the supervision of volunteers. We would submit to you that this sits within the grade 2 descriptor regarding stating rules, procedures and operational policies to individual clients or colleagues. Indeed, the advice that they provide, we would argue, equates to a grade 2. I understand they apply the theoretical principles to achieve defined outcomes. And the grade 2 descriptor best fits the role where they deliver information, services to the general public or clients, including initial advice and referral.

PN338

In conclusion Commissioner based on the evidence presented before you, it’s the departments submission that the correct classifications for those positions in question are those determined by the department. The regional manager at grade 5, the SEMO at grade 4 and the regional administration officer at grade 2. Can I just restate Commissioner, however, notwithstanding what’s been said before the department believes that the people performing these roles, do value for work, and that work is valued by the department. If it please the Commission.

PN339

THE COMMISSIONER: Thank you Mr Smyth. Mr Ewer?

PN340

MR EWER: Thank you Commissioner, obviously I would like to make some brief remarks in relation to the submissions that Mr Smyth’s put to you. In relation to the question that you put in relation to the rank structure. It is my information that the regional managers of all stripes, country and metropolitan, wear a crown on the pip and indeed I think the organisational chart at Justice 1, also fails to distinguish between these people on any geographic basis.

PN341

I think much of Mr Smyth’s argument rests what he claimed to be the alleged dysfunction that would result in the organisational structure if the CPSU claim was to prevail. We say that the value range in grade 6 is perfectly capable of maintaining the integrity of the organisational hierarchy by accommodating the Deputy Director and the Manager Community Safety at another point within grade 6. At the bottom Commissioner, all the arguments derived from Justice 2 and 3 collapse.

PN342

THE COMMISSIONER: Presumably that’s done now in relation to the central region headquarters?

PN343

MR EWER: I don’t know that Mr Smyth provided any evidence on that point.

PN344

THE COMMISSIONER: No, no. But if one, if that answers to the Deputy Director Operations, presumably there’s a separation?

PN345

MR EWER: One would hope so, in which case there is no disability, no barrier to the rest of the regional managers being at the grade 6 as well. The classification structure is perfectly capable of maintaining the integrity of the organisational hierarchy. All of the arguments derived from Justice 2 and 3 in our opinion, collapse, indeed when we consider that the regional manager central, as at the grade 6 level. There’s no distinction within the rank structure to make the difference that the SES wishes to look to us. All of the arguments about the regional manager central at grade 6 are post facto justifications for the fact that the job couldn’t be filled. And that is the only reason why this has been, that this prompted the SES to move in that direction. We say that the work value of these people justifies 6 not the selective use of market rates that the department has chosen to.

PN346

Just in relation to Mr Smyth’s long list of major events and infrastructure in the Melbourne region. I just put the arguments to you very simply. Mr Smyth has put it to you that 80 per cent of Victoria’s population lives in Melbourne, and they may well. However, 70 per cent of their water comes from the Thompson Dam and that Thompson Dam in terms of emergency management policy, planning and accountabilities is the responsibility of this man.

PN347

In relation to SEMOs Commissioner, the argument the basic argument as I understood from Mr Smyth, is that the Manager Community Safety is the expert on emergency response planning. I just put it to you Commissioner, that there’s a problem about practicality in that definition of expert. Of course, the Manager Community Safety is going to be a very busy man in getting around Victoria to all the municipalities in Victoria assisting in the construction of appropriate emergency management plans.

PN348

The SEMOs are understood in the emergency management community to be the people who are the experts in the development and testing of emergency management plans. I know Mr Smyth took you to a number of descriptors and we’ve obviously lead significant evidence ourselves on this point and of course, we will rely on your good judgment to which interpretation of the descriptors you wish to rely on. But I do note that when Mr Smyth called up the descriptors to codify the train derailment exercise that we put to you on the last occasion, he valued that at grade 4 with the descriptor managers operational work team.

PN349

In that particular exercise Commissioner, there were 300 people on the ground involved in that exercise. Now that by any stretch of the imagination cannot be considered an operational work term. That is a major cross agency exercise, planned by SEMO obviously not necessarily solely responsible for the conduct of it, but the conceptualisation of the plan, the testing of it, the evaluation of it, is all driven by SEMO with all of the complications that go with the cross agency collaboration that would be needed to test such a thing. That is not capable, in our opinion, of being codified by the descriptors at grade 4 because of the seniority and the complexity of the work involved.

PN350

Finally, in relation to the administration officers, Commissioner, we naturally note with some interest your question to Mr Smyth in relation to Justice 9, and I think whatever else we disagree about, I think it is possible to say to use the industrial vernacular, that Justice 9 shows that these people are underdone. We say, obviously, that the restrictors that we have called up grade 3, accurately describe the work, but we rely of course on your good judgment to make that assessment itself. If the Commission pleases.

PN351

THE COMMISSIONER: Thank you. Anything else. All right I’d like to thank the advocates, I shan’t because they’ve made my job very difficult. I will reserve my decision and issue it as quickly as I can. The matter is adjourned.

<ADJOURNED INDEFINITELY [3.40PM]

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #CPSU18 SUMMARY OF CPSU ARGUMENTS ADMINISTRATIVE OFFICERS PN241
EXHIBIT #CPSU19 CONSENT TO CHECK AND RELEASE NATIONAL POLICE RECORDS PN241
EXHIBIT #CPSU20 DOCUMENT HEADED DEPARTMENT OF JUSTICE MASTERCARD HOLDER STATEMENT PN241
EXHIBIT #CPSU21DOCUMENT HEADED CONGRATULATIONS YOUR NOMINATION FOR APPOINTMENT PN241
EXHIBIT #CPSU22 DOCUMENT HEADED VICTORIAN STATE EMERGENCY SERVICES DATED 18/10/2005 PN241
EXHIBIT #CPSU23 DOCUMENT VICTORIAN STATE EMERGENCY SERVICES DATED 20/10/2005 PN241
EXHIBIT #CPSU24 SIGNAL STRENGTH REPORT FORM PN241
EXHIBIT #CPSU25 VICTORIAN STATE EMERGENCY SERVICES OPERATION LOG PN241
EXHIBIT #JUSTICE 1 VICTORIAN STATE EMERGENCY SERVICES ORGANISATIONAL CHART PN260
EXHIBIT #JUSTICE 2 POSITION PERSON SPECIFICATION PN260
EXHIBIT #JUSTICE 2 POSITION PERSON SPECIFICATION MANAGER COMMUNITY SAFETY PN261
EXHIBIT #JUSTICE 3 DEPUTY DIRECTOR OPERATIONS PN261
EXHIBIT #JUSTICE 4 EXTRACT FORM PUBLIC SERVICE AGREEMENT EXCEPTION MATTERS ORDER PN261
EXHIBIT #JUSTICE 5 BUNDLE OF DOCUMENTS WITH REGIONAL MANAGER HEADING PN261
EXHIBIT #JUSTICE 6 VPS NON-EXECUTIVE CAREER STRUCTURE, CLASSIFICATION AND VALUE RANGE DESCRIPTORS PN264
EXHIBIT #JUSTICE 7 THE SEMO PN264
EXHIBIT #JUSTICE 8 VALUE RANGE DESCRIPTORS FOR THE SENIOR EMERGENCY MANAGEMENT OFFICERS PN264
EXHIBIT #JUSTICE 9 DESCRIPTOR FOR REGIONAL ADMINISTRATIVE OFFICER PN264