Public Service Wages Arbitration Update 7 Feb 2012    ..... Fair Work Australia's arbitration on Public Service wages continued before Vice President Michael Lawler today with the Government required to outline the matters it wished to raise a jurisdictional objection about and they're pretty lame it turned out as they're terminating fixed term contract staff now as part of the 'austerity' cuts and they have a redeployment policy in place anyway.  The Government also outlined the clauses it says it now withdraws its agreement from (see below) and CPSU requested an early and urgent ruling from Fair Work on whether this was permissable considering they were agreed between the parties up until the post termination 21 day compulsory conciliation period.  Lawler VP indicated he would speak to SDP Acton & Roe C. about the determination process on this.   The Government said it had not reached agreement with all bargaining reps and it was within its rights to withdraw agreement on these clauses with CPSU even though the other bargaining reps had not made claims on these items nor participated in the protected industrial action.  All good case study evidence for the Fair Work Act Review and just a new stalling tactic which will be dealt with expediteously by Fair Work.  Evidence exchange and hearing dates have now been issued. 

The Government has time to make an acceptable wages offer.

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Report on conference with Smith, C. at FWA at 2:30 on Tuesday 31 January 2012.

CPSU Submission

1.    CPSU outlined that the union thought there were a range of agreed matters at the end of the post-industrial action negotiating period (the 21 days) 14 January 2012.  These items are by the Victorian Public Service Agreement draft of 28 November 2011.  CPSU believes that these matters should form part of the workplace determination as prescribed in s274 (2).  
2.    CPSU believes agreement could be reached on a number matters which remain at issue.  
3.    Finally there are a few matters CPSU believes which require arbitral determination if the parties cannot agree before the Full Bench considers the matters still at issue.  These matters include wages, timing, duration and some other matters such as new classification structures.  

State of Victoria Submission

4.    Victoria then read a prepared statement which stated that the parties had many negotiations, that the union undertook Protected Industrial Action and that the tribunal terminated the bargaining period which means that there will be a workplace determination.  Victoria said that a workplace determination would have an effect on other Public Service negotiations.  
5.    Victoria believes that there are several matters clearly not agreed being the wage increase and Child Protection (CP) matters, which is a shame because they are committed to reform of Child Protection.
6.    Victoria says that given the situation, government has decided that there are elements of the agreement that are contrary to government policy and should be removed.  These matters include:
a.    Individual flexibility agreement should reflect the model clause
b.    Union presence at inductions (13.34, 13.35)
c.    Clauses 61-65 which include OHS, facilities and time release and right of entry provisions.  
7.    Further matters  identified Victoria claimed offended “High Court re: AEU” or the referral include:
a.    Definitions (3)
b.    Application (5)
c.    Employment categories all but when pushed certainly fixed term employment
d.    Redeployment (17) and all of schedule A on redeployment.  
8.    Victoria could not be more specific about which parts specifically or why any of these previously agreed matters offended “Re: AEU” and the referral.

CPSU Response

9.    CPSU flagged that it may seek a ruling on whether items previously considered agreed at the end of the post-industrial action negotiation period could be withdrawn by one party from any Workplace Determination.  10.    CPSU ran through matters in the draft agreement which it believed could be agreed.  These were agreed.  CPSU also tabled revised misconduct and underperformance clauses which will be discussed further at a meeting on Thursday 2 February.  
11.    The parties then agreed to a timeline regarding Agency Appendices as they were not included in the Victorian Public Service Agreement draft dated 31 Jan.  
12.    Drafts of Agency Appendices will be provided to DTF by noon Monday 6 Feb 2012 and then to CPSU for checking whether agreed or otherwise.  
13.    Next Fair Work hearing on Tuesday 7 February before Lawler, VP for further directions.  

KAREN BATT
CPSU Victorian Branch Secretary

Wednesday, 1 February 2012