ea education tool v2
TRANSCRIPT
TAFE COMMISSION OF NSW
ADMINISTRATIVE, SUPPORT AND
RELATED EMPLOYEES ENTERPRISE
AGREEMENT 2012
A N E D U C A T I O N T O O L F O R M E M B E R S
D E V E L O P E D B Y T H E C P S U
C U R R E N T A S A T F E B R U A R Y 2 0 1 3
A NOTE ABOUT THIS INFORMATION
The information contained within these slides is intended as general information
only and not specific advice.
If you require advice you should:
a)Read your Enterprise Agreement;
b)Talk to your local CPSU delegate;
c)Call the CPSU on (02) 9220 0900 or 1800 467 932.
BACKGROUND TO ENTERPRISE
BARGAININGA changed industrial landscape for TAFE NSW
On 1 December 2011 the Technical and Further Education
Commission Amendment (Staff Employment) Act was proclaimed
and commenced operation
As a result, all TAFE staff, and some DEC staff, are now employed
directly by the NSW TAFE Commission and not the Department of
Education and Communities
It also means that TAFE staff now fall under the Fair Work Act 2009
and all future pay increases and improvements in conditions have to
be negotiated by your union, the CPSU, through enterprise
bargaining
BACKGROUND TO ENTERPRISE
BARGAININGWhat is enterprise bargaining
Enterprise bargaining is the process of negotiation between TAFE
and the PSA/CPSU with the goal of making an enterprise agreement.
The Fair Work Act 2009 establishes a set of clear rules and
obligations about how this process is to occur, including rules about
bargaining, the content of enterprise agreements, and how an
agreement is made and approved. This includes a requirement to
bargain in good faith.
Enterprise bargaining gives workers the right to directly influence the
conditions of their employment however, the only way to have
strength at the negotiation table is to have a strong union.
ENTERPRISE BARGAINING AND YOU
Negotiation is about the power relationship between the employer and
employee. Enterprise bargaining only delivers beneficial conditions to
workers if they are negotiating as an empowered workforce, that is,
high union membership, visibility and activity).
A commonly asked question from non members is “why should I join
the union, I get the benefits anyway?”
The answer is simple: the less power your union has at the
negotiating table, the lower our negotiating strength for everyone.
MEMBERS + ACTIVISM = POWER
KEY MILESTONES IN NEGOTIATIONS
Winning backpay for all staff, despite two separate „deadlines‟ being
given by TAFE to accept inferior conditions
Forcing TAFE back to the negotiation table when they prematurely
put an inferior agreement out to ballot without negotiations being
completed
Flexible working hours
Forced TAFE to maintain ALL previous conditions, despite TAFE‟s
initial proposed Agreement falling well short of this promise.
KEY MILESTONES IN CAMPAIGNING
Undertaking a comprehensive „listening
campaign‟ across 130 TAFE Colleges;
Use of videoconferencing in regional areas to
communicate more effectively with large
groups of TAFE workers
Use of LiveChat technology – great
opportunity for TAFE workers to ask questions
of PSA/CPSU industrial staff about your
conditions
Launch of the „Our TAFE‟ campaign and
website: www.ourtafe.org.au
THE FUTURE OF TAFE NSW
TAFE NSW is facing unprecedented threats: rising student fees, an increase of
private providers, the increased commercialisation of courses and potential
introduction of contestable funding.
Your union, the CPSU, is committed to working with our members and the
broader TAFE community, including our sister education unions and students,
to protect TAFE as a public education institution.
You are the union.
Conditions fought for and won by PSA members in the NSW public
service, like annual leave loading, shift work entitlements, parental
leave, family and community services leave, are at risk of being lost by
the O’Farrell Government’s attacks on the public service.
This gives us an indication of what TAFE may be looking to strip away
during next round of negotiations.
Your union is committed to retaining and improving, where possible, the
conditions and wages of TAFE workers.
ENTERPRISE BARGAINING AND CAMPAIGNING
In 2013 the CPSU will commence negotiating
your second Enterprise Agreement on behalf of
all members.
These notes are the first step in our
campaigning. We will also:
Conduct „lunch and learns‟ across
workplaces about specific aspects of your
Agreement;
Provide videos on the “Our TAFE” website
(www.ourtafe.org.au) as additional
information about specific aspects of your
Agreement; and
Commence a „listening campaign‟ as the
first step in developing a „log of claims‟ to
present to TAFE management in the early
stages of bargaining.
WHAT DOES MY
ENTERPRISE AGREEMENT CONTAIN AND
REPLACE?Contains:
All rights and entitlements about your employment at TAFE NSW
Salaries, rates of pay, incremental progression
Replaces some 50 different awards, including:
Crown Employees (NSW TAFE Commission – Administrative and
Support Staff Conditions of Employment) Award 2005;
Crown Employees (Trades Assistants) Award;
Crown Employees (Transferred Employees Compensation) Award;
Crown Employees (Librarians, Library Assistants, Library Technicians
and Archivists) Award 2008; and
Your Agreement replaces all of your existing
entitlements such as determinations and
agreements, for example, the Daylight
Equivalent Hours Agreement.
It does not replace existing TAFE NSW
policies, agreed statements of duties or
position descriptions, however when there is
a conflict between a policy and the Enterprise
Agreement, the Enterprise Agreement
overrides any policy.
HOW DO I READ MY ENTERPRISE AGREEMENT
Your Agreement is divided into a number of sections. More than one
section will contain your conditions.
Importantly, it contains a series of undertakings, which are found at the
beginning of the Agreement.
These undertakings are enforceable and should be read as a part
of the Agreement.
HOW DO I READ MY ENTERPRISE AGREEMENT
Section 1: Application and Operation
This section describes :
Which employees are covered by the Agreement ;
How long the Agreement applies;
A dictionary of commonly used terms in the Agreement;
Dispute resolution procedures;
Flexibility arrangements;
Consultation arrangements; and
Management of conduct and performance.
This section applies to all staff.
Clauses 1-9
HOW DO I READ MY ENTERPRISE AGREEMENT (CONT)
Section 2: Employment Arrangements
This section describes:
Who is covered by the section;
Payment of salaries and wages;
Types of employment and the conditions relating to each type;
Promotion appeals;
Clauses relating to part-time, temporary and casual employees and school-based apprentices;
Ordinary weekly hours by classification; and
General conditions relating to working hours, overtime and shift allowances.
This section applies to all staff.
Clauses 10-22
HOW DO I READ MY ENTERPRISE AGREEMENT (CONT)
Section 3 – General Conditions
This section describes the day to day arrangements about your work. It
contains information about:
Work, health and safety, including personal protective
clothing/equipment;
Salaries, rates of pay, incremental progression, salary packaging and
allowances;
Union-related clauses, such as deduction of fees and specific
information about the rights of union members and delegates;
Leave conditions and entitlements, including annual leave,
extended/long service leave, family and community service leave,
lactation breaks, leave for matters arising from domestic violence,
leave without pay, parental leave, personal carers leave, purchased
leave, sick leave, special leave and study leave.
This sections applies to all staff.
Clauses 23-64
HOW DO I READ MY ENTERPRISE AGREEMENT (CONT)
Section 4 – Transferred Employees Compensation
This section contains information about the conditions and
entitlement to benefits if your position is transferred under
particular circumstances.
This section applies to all staff.
Clauses 65-79
HOW DO I READ MY ENTERPRISE AGREEMENT (CONT)
Section 5 – Parts A-G
Part A – Administrative and Support Staff:
This section contains information about the day to day working
arrangements for administrative and support staff, such as:
Which employee classification are covered under this section;
Breaks;
Variation of hours;
Standard and flexible working arrangements;
Causes relating to work-related travel;
Clauses related to work-related allowances; and
Clauses related to overtime and higher duties.
Clauses 80-125C
HOW DO I READ MY ENTERPRISE AGREEMENT (CONT)
Part B – Security and General Services Officers
This section contains information about the day to day working
arrangements for security and general services officers, such as:
Contract of employment;
Hours of work and rostered days off;
Rates of pay, additional rates, shift allowances, travelling time and
expenses and overtime;
Personal carer‟s leave; and
Changes to existing conditions.
It also contains information about monetary rates for specific
classifications.
Clauses 126-142
HOW DO I READ MY ENTERPRISE AGREEMENT (CONT)
Part C – Early Childhood Educators
This section contains information about the day to day working arrangements for early childhood educators, such as:
Which classifications are covered by this part;
Contract of employment;
Hours of work and rostered days off;
Classification structure;
Wages, additional rates and allowances;
Overtime;
Job sharing and relief work;
Information about infectious diseases at the Centre or Service;
Information about public holidays; and
Professional development.
It also contains information about monetary rates for each classification.
Clauses 143-161
HOW DO I READ MY ENTERPRISE AGREEMENT (CONT)
Part D – Printing and Graphic Arts Employees
This section contains information about the day to day working
arrangements for printing and graphic arts employees, such as:
Hours of work;
Personal carers leave;
Overtime;
Duties and training; and
Wage rates.
It also contains information about monetary rates for each classification.
Clauses 162-168
HOW DO I READ MY ENTERPRISE AGREEMENT (CONT)
Part E – Trades Assistants
This section contains information about the day to day working
arrangements for trades assistants, such as:
Hours of work for day workers;
Information about working mixed functions;
Information about special rates, allowances, overtime, shiftwork and
holiday and Sunday work;
Contract of employment;
Allowances;
General leave conditions and accident pay.
It also contains information about monetary rates for each
classifications.
Clauses 169-184
HOW DO I READ MY ENTERPRISE AGREEMENT (CONT)
Part F – Skilled Trades
This section contains information about the day to day working arrangements for skilled trades employees, such as:
Hours for day workers;
Allowances;
Overtime, shift work, holiday and Sunday work;
Contract of employment;
Information about use of tools; and
General leave conditions and accident pay.
It also contains information about monetary rates for each classification.
Clauses 185-206
HOW DO I READ MY ENTERPRISE AGREEMENT (CONT)
Part G – Hospitality Employees
This section contains information about the day to day working
arrangements for hospitality employees, such as:
Which employees are covered by this part;
Types of employment;
Mixed functions;
Allowances, overtime, Saturday and Sunday work; and
Hours of work.
It also contains monetary rates for these classifications.
Clauses 207-217
SUMMARY
We hope this information will be a useful guide to your reading and
understanding your enterprise agreement and your union‟s campaigning
in TAFE.
From March 2013 we will commence a series of „lunch and learn‟
workshops, which will provide more detailed coverage of some areas of
your agreement.
From April 2013 we will provide members with your draft Log of Claims
for your input and will be conducting endorsement meetings around the
state.