Govt Submits its Evidence to Fair Work

Updated 22/04/2016

The Government has now submitted witness statements and evidence to Fair Work to support their 2.75% wages position in our Public Service Agreement arbitration

ON PAY - para 40 onwards.  Govt says employees can have 2.75% per year over 4 years prospectively.  Govt submits that ‘if Victoria's wages policy is not adhered to then the State is forced to consider: (a) increasing taxes; (b) reducing public services; and or (c) increasing debt (or paying off debt more slowly).’  The term ‘wages dilemma’ is used.  Govt doesn’t mention the 3,600 jobs being cut nor asset sales.

ON IFA’s - para 72 (a).  Govt submits it wants to broaden individual arrangements to include ability to have employees contract out of main Agreement with these entitlements; when work is performed, overtime rates, penalty rates, allowances and leave loading.  no common terms would result.

ON UNION INFO - para 79 onwards.  Govt submits its unnecessary for the clause.  

ON OHS - para 87.  Govt submits OHS clause be removed as it ‘exceeds existing imposed obligations.’  

ON REPS - para 94 onwards.  Govt objects to union rep protection clause on the basis ‘that the protections and benefits of this clause either replicate, or go further than, provided in the Act.  

ON RIGHT OF ENTRY - para 99.  Govt submits clause serves no function and should be deleted.   

ON CONSTITUTIONAL LIMITATIONS - para 115:  Fair Work should consider High Court implied limitation on Commonwealth legislative power in Re: AEU on number and nature of employees in making a workplace determination therefore Redeployment clause should be constrained para 117, restrictions on use of Casuals be removed para 129 onwards, and Fixed Term Contract restriction to max of three (3) years be removed para 139.  An insight into the future.

ON PROGRESSION - para 157(b).  Govt describes ‘the entitlement mentality’ of current progression payments to argue for changing performance management for Grade 1-4 employees.  Govt submits the consequence of this ‘gives rise to a situation where there is little impetus for meaningful discussions with staff about whether they progress within a value range.’  ‘The changes proposed by Victoria are not about reducing progression rates,’ argues Govt para 161(c).   ‘Victoria's proposed clause effectively allows the employee's manager to set the progression criteria’ para 164 and ‘This is a matter of managerial prerogative.’ para 165(b).  Employees with less than six (6) months in job ineligible says Govt. para 166  

ON CPSU’s PROPOSAL FOR A COMMON MORE PRODUCTIVE APPROACH - para 177(b)  Govt argues that ‘Each Department and agency provides a different service and has its own organisational objectives.’  ‘To provide excellent service … each Department and agency requires the flexibility to develop performance systems that meet their distinct operational needs.’   ‘Victoria favours a broad, flexible approach that allows Departments and agencies to tailor position-appropriate performance plans that meet business requirements,’ and therefore doesn’t support the joint development of a common operational platform.

ON DURATION - para 183.  Govt submits ‘Victoria (and Australia) faces an uncertain economic future’ and therefore Govt argues for four (4) years and no backdating para 189.  

ON NEXT AGREEMENT BARGAINING RULES - para 197:  ‘Victoria proposes that no such requirements be inserted’ because it would ‘restrict the parties' ability to devise and implement their own bargaining strategy.’ para 197(c).

CPSU will lodge our evidence and argument by Friday 20 April to comply with Fair Work directions.

The union says 12% and a two year Agreement is appropriate with a further 1.5% to be paid after the 3 month re-negotiation period if the next new agreement is not in place by 30 June 2014.

 - 3.25% from 1 October 2011.
 - 2% from I February 2012.
 - 3.25% from 1 October 2012.
 - 2% from 1 February 2013.
 - 1.5% from 1 October 2013.

The union says the Agreement should end on 31st March 2014.

CPSU will submit that all the policy and jurisdictional clauses the Govt want deleted should all be included in the terms as agreed previously by the parties.

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