GOVT CONFIRMS FAIR WORK DEAL IS DEAL - DISPUTE WON.  E-mail confirmation from govt to confirm deal has just arrived (15/4).  Fair Work brokered the wage outcome of 11.23% compounding over the proposed Agreements' 3 years made in 6 payments which VLA initially rejected but have now come on-board.  The deal includes 2% progression payments and one – off payments from $500 to $100 based on classification (for the transition).  This follows the protest outside VLA HQ last week and averts a threatened 48 hour stoppage notified for this Fri/Mon. 

FURTHER UPDATE:  FAIR WORK SPONSORS EB TALKS - PROTECTED INDUSTRIAL ACTION ON HOLD.  The parties attended Fair Work for talks on Wednesday and discussions were chaired and assisted by Deputy President Smith.  Progress is being made.  Deputy President Smith has stated that as the “negotiations are at a delicate stage” he requested the parties keep the discussions confidential.  Further, Deputy President Smith requested that given the delicate stage of the negotiations that CPSU members do not implement any bans whilst we are still in facilitated talks.  CPSU agreed and gave this undertaking to His Honour.  CPSU will attend Fair Work again for conference on Friday at 3:30pm and will provide further updates as the negotiations progress.

UPDATE:  PROTECTED INDUSTRIAL ACTION OVERWHELMINGLY ENDORSED.  The Australian Electoral Commission has counted the protected industrial action ballots and has advised that over 97% of the more than 70% of CPSU members who participated voted YES.  Fair Work ordered a Protected Action Ballot after accepting our evidence surrounding the nature of the bargaining.   After 12 months of talks, it has become clear that VLA is only interested in having an agreement if it’s on their terms which means taking a real wage cut if their offer is accepted.  Our Agreement expired in May 2012 and VLA employees have not received a salary rise since May 2011.   The Protected Action can now commence after the provision of 3 days notice to the Employer.  A full list of the actions.

Fair Work has ordered a stay against Victoria Legal Aid proceeding to place a different offer to a vote of its employees and foung their actions inconsistent with good faith bargaining obligations.

'I find that the action taken by the VLA is inconsistent with its obligations to bargaining in good faith in that it’s preparing to put a different offer to employees than that put to the bargaining representatives and on its view bargaining concluded in 2012.  Therefore I will make an order that VLA not conduct an employee ballot until it has met and considered any response of the bargaining representatives to the latest position adopted by the VLA.'  DP Smith. 4 March 2013.

CPSU made the application for bargaining orders after the all staff email notification from VLA's MD on 22 February 2013 indicated VLA had walked away from our negotiations and had placed their alternative employer offer directly to ballot.

This embarrassing 'slap in the face' coincides with CPSU members voting currently to endorse protected action which could begin by Monday 18th March 2013.  Fair Work ordered a Protected Action Ballot after accepting our evidence surrounding the nature of the bargaining.  After 12 months of talks, it has become clear that VLA will not offer anything above their first and only offer, despite the rising cost of living.  Our Agreement expired in May 2012 and VLA employees have not received a salary rise since May 2011.  VLA is only interested in having an agreement if it’s on their terms which means taking a real wage cut if their offer is accepted. 

VLA's contemptuous and deceitful behaviour with the announced Preston office closure highlights this attitude to their employees . 

  “Although we are reviewing all aspects of our operations no other office closures are planned”  In November 2012, VLA's MD met with Preston staff;  “ ..to say how I see Preston fitting into our service plan for the future and to reassure staff about job security.” and   “Although I may not assuage every concern it is important to remember that the office we occupy is leased and that lease does not expire for some 2 years (December 2014).”

CPSU has lodged a dispute in Fair Work citing a breach to the consultation requirements of our VLA Agreement about this decision.