Members Bargaining Report 12
Members Bargaining Report 12
Fair Work Act
The Fair Work Act 2009 commenced on 1 July 2009.
The ACTU has called this “an historic step forward for the rights of working Australians and their families”, that will “provide workers with a raft of stronger rights and protections in the current economic downturn, and in better times ahead”.
The new laws are the result of an unprecedented campaign by Australian workers based firmly on the Australian belief of a fair go, who demanded the return of their rights at work after those rights were stripped away by the Howard Government’s ‘WorkChoices’ laws. Amongst other things the new laws will mean:
- Genuine rights for workers to collectively bargain and be represented by their union.
- Unfair dismissal for all workers, including about 4 million workers who had no protection under WorkChoices.
- A robust new safety net of awards and national standards, along with a fair and transparent process for setting minimum wages.
- An industrial umpire with teeth to safeguard workers’ rights.
What happened at bargaining?
When we last met the university on 6 & 7 July 2009 the University responded positively to the CPSU claim to make higher duties allowance (HDA) more equitable. The new clause will provide better access for part time staff and allow staff that are defined as “deputies” to access HDA after 10 days. Previously they were excluded from HDA.
Your CPSU bargaining team agreed to maintain the On Call allowance at 30% of an employee’s HEO level.
Progress was also made on Dispute resolution, Unsatisfactory Performance & Misconduct and Workplace Change.
University makes salary offer
The University has made a salary offer of 4% per annum. This will be “dependent” on a number of outstanding issues being resolved. The University will write to the CPSU on Monday 20 July to formalise its offer.
Sick leave
Unfortunately the University still seeks to cut back sick leave entitlements. We believe there is no reason to get rid of a BEST PRACTICE sick leave provision. Members have strongly supported this position.
GENERAL STAFF DO NOT ABUSE UNCAPPED SICK LEAVE, TAKING AN AVERAGE OF 4.6 DAYS A YEAR.
University concerns about a small number of long term illnesses should be addressed as an employee health and welfare issue, with such staff being assisted to return to work as soon as possible after severe illness.
| What have members endorsed? | Does it meet our claim? | What has been agreed to in principle? | Does it meet our claim? | |
| Commitments | YES | Classification | YES | |
| Increments | YES | Probation | YES | |
| OH&S | YES | Medical retirement | YES | |
| Accident make up pay | YES | Consultation | YES | |
| Public Holidays | YES | Overtime | MOST | |
| Christmas break | YES | Workloads | MOST | |
| University shutdown | YES | Annual leave | MOST | |
| Documentation | YES | Long Service leave | MOST | |
| Rosters | YES | Terms of engagement | YES | |
| Meal & Tea breaks | YES | Salary packaging | YES | |
| Termination | YES | Hours of work | YES | |
| Resignation | YES | On call allowance | YES | |
| Jury/Witness leave | YES | Higher duties allowance | YES | |
| Ten hour breaks | YES | |||
| Call back | YES | |||
| Modes of employment | YES | |||
| Abondonment of employment | YES |
| What's not agreed? | WHY? | |
| Superannuation | UNE to respond to CPSU claim to increase payment for fixed term employees | |
| Dispute resolution | One outstanding issue from CPSU clause (i.e. what we can lodge a dispute over) |
|
| Salary increase | UNE offer is 4% per annum | |
| Family & Community leave | UNE to respond to CPSU claim. The outstanding issue is over what you can take FACs leave for | |
| Indigenous employment | Almost resolved | |
| Unsatisfactory performance | Almost resolved | |
| Misconduct | Almost resolved | |
| Parental leave | Parties close to agreement. There are approximately six outstanding issues |
|
| Conversion for fixed term staff | UNE to respond to CPSU clause | |
| Sick leave | CPSU REJECTS UNE CLAIM TO REMOVE UNCAPPED LEAVE | |
| Reimbursement of course fees | UNE want in policy. CPSU to consider | |
| Workplace Change | There are two outstanding issues:
|
|
| Union rights | UNE to respond to CPSU clause | |
| Contracting Out | UNE to respond to CPSU clause | |
| Primary place of employment | UNE to respond to CPSU clause | |
|
What’s next? General Staff bargaining is scheduled for 29 July & 10 August. The CPSU will be tabling a flexibility clause and an improved fixed term severance clause. Fixed term general staff were completely ripped off coming into a single agreement and now receive less severance pay than academics. |