Enterprise Bargaining Latest News

Dear Colleagues,

As you are aware, the NTEU filed an Application for a Protected Action Ballot Order with the Fair Work Commission towards the end of June.

The NTEU did not submit any evidence with its application, despite bearing the onus of proof to demonstrate that it “has been, and is, genuinely trying to reach an agreement” with the University. The initial Fair Work Commission hearing on 27 June was adjourned because this condition needs to be met before a Protected Action Ballot Order can be granted. The University consented to give the NTEU extra time to file submissions and evidence.

The rescheduled hearing took place last Wednesday 10 July. The NTEU decided to drop its costs claim against the University, which was based on assertions that it was vexatious for an employer to challenge protected action ballot orders. At the end of the hearing, Vice President Catanzariti reserved his final decision, noting that the NTEU would not have been successful in obtaining a Protected Action Ballot Order had the Union proceeded with its case as originally intended on 27 June.

On Monday 15 July, the Fair Work Commission advised the University and NTEU that approval has been granted for a Protected Action Ballot Order. This decision follows approval of Protected Action Ballot Orders at other Australian universities this year, including the University of Sydney, Monash University, RMIT, Charles Sturt University, James Cook University, Griffith University, Deakin University and La Trobe University. This approval allows a ballot to be conducted by the Australian Electoral Commission between 29 July and 12 August 2013 to find out whether the majority of academic and professional staff (including casual staff) who are members of the NTEU wish to engage in protected industrial action. 

The Fair Work Commission declined to make any finding as to whether the NTEU has been bargaining in good faith. Although the NTEU initially engaged in what the Fair Work Commission described an “aggressive” bargaining strategy by demanding the withdrawal of five of the University’s claims, the NTEU has now confirmed that it intends to negotiate on all of the University’s claims and that it will not suspend bargaining.

The University will continue to bargain with the NTEU in good faith, and seek to make further progress in negotiating the new Staff Agreements. The next scheduled bargaining meeting is tomorrow, Thursday 18 July, and it is anticipated that the following clauses will be discussed:

• Aboriginal and Torres Strait Islander Australian Employment Strategy;
• Organisational change;
• Implementation Committee;
• Domestic violence leave;
• Dignity and respect at work;
• Leave entitlements;
• Superannuation; and
• Position classification and broadbanding.

The University and the NTEU have also agreed to hold a separate bargaining session regarding academic workloads on 25 July.

Regards 

Ann Tout
Executive Director, People and Culture

Dear Colleagues, 

On Tuesday 25 June, the University was served with a copy of an Application for a Protected Action Ballot Order, which had been filed by the NTEU with the Fair Work Commission.

Under the Fair Work Act 2009 (Cth), a bargaining representative can apply to the Fair Work Commission for a Protected Action Ballot Order, which then allows a ballot to be held in order to determine whether employees wish to engage in protected industrial action. The party making the application bears the onus of proof to demonstrate that they have been, and are, genuinely trying to reach agreement with the other party to the negotiations. You can find more information on protected action on the Enterprise Bargaining Staff Feedback page and the Fair Work Commission (opens in a new window) website.

The University was both surprised and disappointed to receive the Application, particularly given that the NTEU had not provided the University with any notice of its intention to file the Application, nor had it been foreshadowed in any way at the last bargaining meeting on 19 June.

The NTEU’s Application was listed for hearing yesterday at 4.30pm before Vice President Catanzariti of the Fair Work Commission. The NTEU did not provide any evidence in support of the Application. The University contested the Application on the following grounds:

• The NTEU has repeatedly failed to provide draft clauses within agreed timeframes, thereby causing delays to the bargaining process;
• In the University’s view, the NTEU is engaging in surface bargaining, that is, merely going through the motions of attending meetings with the University without genuinely trying to reach agreement on matters that are being discussed;
• In the University’s view, the NTEU is also engaging in pattern bargaining, which occurs when an employee bargaining representative seeks common enterprise agreement terms with two or more employers. The University is well aware that the NTEU has a national agenda, and believes that the NTEU is seeking to implement this agenda across all universities with little or no regard to the specific circumstances and needs of individual universities, including UWS. This was particularly evident in relation to the Aboriginal and Torres Strait Islander Australian Employment Strategy clause, whereby the NTEU withheld its response for more than ten weeks pending a national conference; and
• In the University’s view, the NTEU is not giving genuine consideration to the University’s claims and accordingly, is not bargaining in good faith. For instance, before bargaining had even commenced the NTEU threatened protected industrial action if the University did not meet its demand to withdraw certain aspects of its log of claims.

Vice President Catanzariti noted that the University had raised a number of issues in its submissions and evidence that require a response from the NTEU. Due to the NTEU’s failure to provide any evidence in support of its Application, Vice President Catanzariti adjourned the hearing until 10 July and directed the NTEU to file submissions and evidence by next Wednesday 3 July. The University will then have the opportunity to file further submissions and evidence in response to the NTEU’s claims prior to the hearing. 

The Application and subsequent submissions and hearings are unhelpful distractions from the process of negotiating new Staff Agreements. The next bargaining meeting will be held on Thursday 4 July. We will keep staff informed of the outcome of the bargaining session and the hearing.

Ann Tout

Executive Director, People and Culture

Dear Colleagues,

The University representatives met with the NTEU and CPSU on Wednesday 19 June to make further progress on negotiation of the new staff agreements.

There was some further discussion about staff leave. At this stage, the University is awaiting the CPSU’s proposed revised Sick Leave clause. The University has maintained its position that it would be inappropriate to introduce a new provision for domestic violence leave for a number of reasons including concerns about the disclosure and storage of highly personal, non-work-related information. However, the University recognises the impact of domestic violence on families and the community, and instances where staff require leave for matters of this nature will continue to be managed on a case-by-case basis. The University will also consider making formal provision for staff affected by domestic violence to access personal leave.

Discussion continued regarding the disclosure of confidential information relating to proposed organisational change, and the unions will consider the University’s position on this issue.

The NTEU and CPSU had both tabled revised Dignity and Respect at Work clauses for the new staff agreements. There was some discussion about whether it is preferable to refer to or to detail the provisions of various Federal and State anti-discrimination legislation. The University has agreed to re-draft the Dignity and Respect at Work clause to reflect its position, which includes mutual obligations to ensure that the University, Union representatives and all employees take reasonable steps to ensure dignity and respect in the workplace. Bullying and inappropriate behaviours are not tolerated at UWS, and we will be doing further work to reinforce this over the next few months.

The Unions proposed a new Policy clause which would allow the NTEU, CPSU and UWS employees to provide input into University policies. It was noted, however, that UWS staff have the opportunity to comment on draft policies via the Policy Bulletin Board and are regularly advised of new and revised draft policies for comment via email.

Both parties committed to ongoing meetings on a fortnightly basis. In addition to the fortnightly sessions, there will be separate meetings to further discuss academic workloads, and casual and fixed-term employment. The University also requested that the CPSU and NTEU provide draft clauses and any other relevant documents before bargaining sessions, so the clauses can be considered prior to the meetings.

The next bargaining meeting will be held on Wednesday 3 July. 

Ann Tout
Executive Director, Office of People and Culture

Dear Colleagues,

Since my last update, the University has met with the NTEU and CPSU. Below is an update of the clauses which have been discussed.

Academic workloads

The University has now conducted two in-principle discussions with the NTEU in relation to the issue of Academic workloads, with this approach having been suggested by the University as a means of providing each party with an opportunity to explain its position on this important issue prior to drafting a new workloads clause. Now that these initial discussions have been completed, the University is moving to finalise a draft clause for discussion with the NTEU at the next bargaining session on 5 June 2013.

Implementation Committee

The NTEU and CPSU have tabled a joint Implementation Committee clause for the University’s consideration. There is agreement that the frequency with which the Committee meets should be increased from three to four times per year, and also that these meetings will be alternately chaired by the University and the Unions.

The University has not agreed to the Unions’ proposal that the role of the Implementation Committee should be expanded, and is awaiting the Unions’ response on this issue.

Organisational change

The NTEU and CPSU have tabled a joint Organisational Change clause for the University’s consideration. The University has responded to the proposed clause, and some aspects of this clause are yet to be agreed.

The primary outstanding issue relates to the disclosure of confidential information in the event of proposed organisational change and the University’s view is that the existing process is comprehensive in this regard.

The University is awaiting the Unions’ response on this issue.

Annual leave

The University has tabled a draft annual leave clause for the Unions’ consideration, and an initial discussion has been held in relation to this provision.

In drafting its annual leave clause, the University has sought to balance an employee’s wishes to take annual leave with the operational requirements of the relevant work unit, with an employee’s preferences to be considered as far as practicable. The Unions have, however, questioned whether operational requirements should be a factor in determining whether approval to take leave should be granted.

The University has also proposed the possibility of a shut-down over the Christmas/New Year period, and this proposal is being considered by the Unions.

This clause will be the subject of further discussion in future meetings.

Long service leave

The University has tabled a draft long service leave clause for the Unions’ consideration, and an initial discussion has been held in relation to this provision.

As with annual leave, the University has sought to balance the employee’s wishes to take long service leave with the operational requirements of the relevant work unit, with an employee’s preferences to be considered as far as practicable. This has been rejected by the Unions.

The clause will be the subject of further discussion in future meetings.

Parental leave

The University has tabled a draft parental leave clause for the Unions’ consideration, and an initial discussion has been held in relation to this provision.

The University and the Unions have yet to reach agreement in relation to the provision of reduced hours of work to employees who return from parental leave beyond the initial two-year period during which this entitlement can be accessed. The University is considering its position in relation to this matter and it will be the subject of further discussion in future meetings.

The Unions have not, at this stage, raised any objections to the University’s proposal to pro rata the rate of pay for second and subsequent periods of paid parental leave where an employee has been working reduced hours following their return to work from an earlier period of paid parental leave.

Leave without pay

The University has tabled a draft leave without pay clause for the Unions’ consideration, and an initial discussion has been held in relation to this provision.

The University has not put forward any substantive changes to this clause and the Unions have not, at this stage, objected to the University’s proposals.

Domestic violence leave

The NTEU tabled a draft domestic violence leave provision for the University’s consideration prior to the last bargaining session.

Whilst the University recognises that domestic violence is an important community issue, it is concerned that such a clause may not properly be considered as a matter pertaining to either the employment relationship or the University’s relationship with the Unions and, as a consequence, may not be consistent with the requirements of the Fair Work Act 2009 (Cth). The University has also expressed concerns about the NTEU proposal which requires disclosure, use, storage and retention of highly personal non-work-related information. The University is also concerned by the degree to which this highly personal information may need to be accessed.

The University’s view is that arrangements for staff who may require some leave of absence because of matters relating to domestic violence should be made on a case-by-case basis through discussion between the staff member and their supervisor.

The University will hold further discussions with the Union regarding the use of other forms of leave (such as personal leave) for matters including domestic violence that do not require unnecessary personally intrusive processes.

Dignity and respect at work

The CPSU tabled a draft dignity and respect at work clause for the University’s consideration prior to the last bargaining session.

As the draft clause was received by the University the evening prior to the last bargaining session, the University did not have sufficient time to properly consider the CPSU’s draft clause. However, an initial discussion was held in relation to the changes that the Union has proposed, with the University being of the view that the current provision is sufficiently strong and supported by an extensive legislative framework that does not need to be re-stated in the enterprise agreements.

The NTEU has indicated that it will be tabling its own draft clause at the next bargaining session on 5 June 2013. The University has invited the Unions, as parties to be covered by the enterprise agreement, to consider incorporating responsibilities for both themselves and employees of the University if they wish to propose a clause that broadens obligations about dignity and respect in the workplace.

Career planning and development

The NTEU tabled a draft career planning and development clause on the day of the last bargaining session. As this did not provide the University with any time to properly consider the Union’s proposals, it was not possible to discuss the matter.

Aboriginal and Torres Strait Islander Australian Employment Strategy

The draft Aboriginal and Torres Strait Islander Australian Employment Strategy clause has been with the NTEU for its response since 10 April 2013, however no response has been provided to date. The NTEU has advised that it has not responded to the University as it is awaiting an NTEU conference to receive an update in relation to what other universities have agreed in relation to this clause.

The University expects that the NTEU will be in a position to provide its response to the clause at the next bargaining session.

Next bargaining session

The next bargaining session is scheduled to take place on 5 June 2013. On the agenda for this meeting are the following clauses: 

1. Leave provisions
   
2. Aboriginal and Torres Strait Islander Australian Employment Strategy
   
3. Implementation Committee
   
4. Organisational change
   
5. Career planning and development.

Ann Tout
Executive Director, Office of People and Culture

Dear Colleagues,

Since my last communication on 18 March 2013, the University has been corresponding with the NTEU regarding its members’ motion to contemplate taking protected industrial action if the University did not agree to withdraw certain aspects of its log of claims. 

I am pleased, however, to advise that this issue has now been resolved and the NTEU has confirmed that it is willing to bargain with the University in good faith on the University’s log of claims in its entirety.

Two bargaining meetings were held with both the NTEU and the CPSU on 27 March 2013 and 10 April 2013. On these occasions, the parties made significant progress regarding the Aboriginal and Torres Strait Islander Australian Employment Strategy clause, although final agreement in relation to this clause has yet to be reached.  

The parties have also agreed upon clauses in both enterprise agreements that do not require any amendment and will therefore be rolled over into the next round of agreements. These clauses are as follows:

• No extra claims
• Availability of the agreement
• Salary packaging
• Supervision (Academic)
• Car kilometre allowance and journeys requiring temporary residence
• Compensation for loss or damage to personal property
• Jury service and witnesses
• Sick leave (Academic)
• Australian Defence Force Reserves training leave
• Emergency services call-out leave
• Public holidays
• Personal reports
• Employee representation
• Pay and career equity
• Intellectual freedom
• Intellectual property
• Environmental sustainability.

The next bargaining meeting will be held on 24 April 2013, on which occasion a preliminary discussion regarding academic workloads will take place.

Regards,

Ann Tout

Executive Director Office of People and Culture

Dear Colleagues,

As you will be aware bargaining has commenced for the negotiation of new enterprise agreements.

During February, the University shared our log of claims with staff and also ran a series of staff forums on each campus. These forums were open to all staff and also attended by members of the Executive and senior members of the Office of People and Culture.

Each log of claims is a starting point for negotiations and, throughout the process, both parties should negotiate in good faith to ultimately reach agreement, which should, by its very nature, involve flexibility and compromise from each party. The claims made by both the University and the Unions have yet to be discussed in any detail, as so far the first two bargaining meetings have been focused on establishing the framework for bargaining.

Staff have provided feedback on the University’s log of claims through both the staff forums and the enterprise bargaining website. The University acknowledges that its claims regarding proposed changes to flex leave, severance entitlements and leave approvals have caused some concern for staff. We understand this and would like to emphasise that these are currently points listed in our log of claims that we would like to explore and discuss with the unions as we move toward developing new agreements. In the spirit of good faith bargaining, the University will seek to have these discussions with the unions more fully in the weeks and months ahead with the view to reaching agreement. As you will be aware, no changes can be made arising out of any of the logs of claims without agreement.

UWS certainly remains committed to providing our staff with flexible work options but must also seek to ensure the best operational efficiencies for the University.

The NTEU recently notified the University that its members have already resolved that the NTEU should contemplate taking protected industrial action if our log of claims is not amended to withdraw a number of points, including those listed above. The University is disappointed that the NTEU would threaten protected industrial action so early in the negotiation process, and prior to even having had the opportunity to discuss and review each party’s log of claims. In particular, the University is concerned that the NTEU’s stance is not in accordance with the good faith bargaining requirements prescribed by the Fair Work Act which, amongst other things, require that the University and the unions:

• give genuine consideration to the proposals of other bargaining representatives for the agreement, and give reasons for the bargaining representatives’ responses to those proposals; and
• respond to proposals made by other bargaining representatives for the agreement in a timely manner.

In light of this, the University has written to the NTEU advising that:

• in the University’s view, the NTEU is not bargaining in good faith;
• in the circumstances, the University does not consider it appropriate to continue bargaining;
• if the NTEU does not rescind the resolution of its members and withdraw the threat of industrial action, the University will suspend further bargaining with the NTEU until these steps are taken.

We must stress that the University is not in any way suggesting that it is not prepared to bargain in good faith with the NTEU. The University remains ready to do so provided that the NTEU and its members approach bargaining on the same basis.

In the interim, the University plans to continue the bargaining sessions with the CPSU as scheduled.

Staff can find more information on bargaining and provide feedback via the website at www.uws.edu.au/enterprisebargaining

Regards,

Ann Tout
Executive Director, Office of People and Culture

Dear Colleagues,

Monday 18 February marked the commencement of Enterprise Bargaining with the initial bargaining meeting held between the NTEU, CPSU and University representatives.

The parties discussed protocols and procedural issues for future meetings, which have now been scheduled to take place on a fortnightly basis from 6 March until June 2013. Further dates will be determined if required.

At the commencement of bargaining, each party tables a log of claims illustrating their proposed inclusions for the new agreements or changes to the current agreements. This provides a starting position for negotiations as each party considers the other parties' views and possible compromises in order to ultimately reach agreement.

The University tabled its log of claims on Monday 18 February as did the CPSU, with the NTEU already having done so in November 2012. The UWS log of claims highlights the principles which will inform and lead bargaining and these were discussed during the meeting.

The log of claims lists a number of positive additions the University will look to include and a number of items the University would propose to review or clarify as we seek to deliver the best operational efficiencies and use of University resources, whilst still delivering benefits for staff. The current staff information sessions happening across the University will provide opportunities to discuss the log of claims over the next week.

The UWS log of claims which marks the University's initial bargaining position can be found in the "related documents and key dates section" of the Enterprise Bargaining website www.uws.edu.au/enterprisebargaining

We look forward to providing further updates as bargaining continues.

Regards,

Ann Tout
Executive Director, Office of People and Culture

Dear Colleagues, 

This is a reminder that Enterprise Agreement Information Sessions will be held on all campuses this week and next week. All staff are invited to attend – this is a chance for you to give feedback on the existing agreements and share what you think should be the priorities for the negotiation. 

The sessions will be held on each campus at the following times and locations: 

• Hawkesbury – Tuesday 19 February, 2.00pm-3.30pm, L9.G.21 (Lecture Theatre)
• Kingswood – Friday 22 February, 2.00pm-3.30pm, V.G.05 (Lecture Theatre)
• Campbelltown – Monday 25 February, 2.00pm-3.30pm, 4.G.14 (Lecture Theatre 3)
• Parramatta – Tuesday 26 February, 2.00pm-3.30pm, EB.G.33
• Bankstown – Wednesday 27 February, 2.00pm-3.30pm, 05.LG.15
  

You do not need to register your attendance and you are welcome to attend a session on any campus. 

Your comments or questions can also be submitted via the online form at: www.uws.edu.au/enterprise_bargaining/staff_feedback and will be forwarded to the Enterprise Bargaining Steering Committee. 

For more information and to keep up to date with the progress of negotiations, please visit: www.uws.edu.au/enterprisebargaining.

Ann Tout
Executive Director, Office of People and Culture

Dear Colleagues,

As you know, the enterprise bargaining process begins this month. The University is aiming to achieve enterprise agreements that provide a rewarding working environment for our staff and also place the University in a strong position for the future.

Further to the forums held in December, we will be holding another series of Information Sessions for staff this month. All staff are invited to attend – this is an opportunity for you to provide feedback on the existing enterprise agreements and tell us what you think should be the priorities for negotiation.

The sessions will be held on each campus as follows:

• Hawkesbury – Tuesday 19 February, 2.00pm-3.30pm, L9.G.21 (Lecture Theatre)
• Kingswood – Friday 22 February, 2.00pm-3.30pm, V.G.05 (Lecture Theatre)
• Campbelltown – Monday 25 February, 2.00pm-3.30pm, 30.G.213
• Parramatta – Tuesday 26 February, 2.00pm-3.30pm, EB.G.33
• Bankstown – Wednesday 27 February, 2.00pm-3.30pm, 05.LG.15

No registration is required. If you are unable to attend the session on your campus, you are welcome to attend one on another campus.

You can also submit any comments or questions via the online form at: www.uws.edu.au/enterprise_bargaining/staff_feedback. Your feedback is valued and will be forwarded to the Enterprise Bargaining Steering Committee.

For more information and to keep updated with the progress of negotiations, please visit: www.uws.edu.au/enterprisebargaining.

Susan Hudson
Acting Executive Director, Office of People and Culture

Dear Colleagues,

Further to the recent notification that the University, NTEU and CPSU have agreed to commence bargaining in February 2013, I would like to draw your attention to the Notice of Employee Representational Rights available at: http://www.uws.edu.au/eb_notice. This Notice is being issued as per the requirements of section 174(6) of the Fair Work Act 2009 (Cth) and contains important information regarding your right to representation during the enterprise bargaining process.

The Enterprise Bargaining website is now also available at http://www.uws.edu.au/enterprisebargaining. This site will be updated regularly with FAQs, news and important information throughout enterprise bargaining and you can also raise questions via the feedback form.

Further bargaining information sessions for staff are currently being planned and we will provide details of times and locations shortly.

Ann Tout
Executive Director, Office of People and Culture

Dear Colleagues,
 
We are pleased to announce that at a meeting today between University representatives and the NTEU and CPSU representatives to discuss logistics and process around enterprise bargaining, all parties agreed to commence bargaining in February 2013.
 
As we commence enterprise bargaining, it is again important to note that Higher Education is experiencing revolutionary change and our ability to anticipate and adapt to changes in Government policy, technologies and student demands, as well as increased competition,  will determine our capacity to thrive and continue delivering on our promise to our students, our staff and our region long into the future.
 
The development of new enterprise agreements will seek to empower our staff and to deliver an enhanced working environment, while creating the capacity for staff and the community to embrace the future.
 
Throughout the negotiations, the University will regularly meet with the NTEU and CPSU to discuss any issues that may arise. A UWS steering committee will work intensively to ensure negotiations are conducted in good faith and that the necessary work between meetings with staff representative bodies is carried out in an expedient manner.
 
In order to ensure enterprise bargaining is a priority and taken forward in the timely fashion which all parties desire, the University has appointed Bruce Heddle and Darren Gardner, both of Maddocks law firm, as the University’s bargaining representatives in accordance with section 176(1)(d) of the Fair Work Act 2009.
 
A series of campus forums were held in December which provided the steering committee with some good feedback on the current agreements. We are committed to keeping staff updated throughout negotiations and will host further forums in February and will provide links to a dedicated bargaining website and other avenues for feedback prior to the commencement of negotiations.
 
Ann Tout
Executive Director, Office of People and Culture

Dear Colleagues,
 
As you may be aware, the University will soon commence negotiations on new enterprise agreements with the NTEU and CPSU.
 
We want to achieve enterprise agreements which provide a rewarding working environment for our staff and also have the capacity to strengthen the University into the future.
 
Higher education is undergoing transformational change in Australia and internationally and our ability to anticipate and adapt to changes in modes of delivery, technological innovation and student demand, as well as increased competition, will determine our capacity to thrive and provide the best for our students, our staff and our region into the future.
 
Prior to the formal start of negotiations, members of the Executive would like to meet with staff to discuss the challenges and opportunities on our horizon, how the Our Future projects will address these and to provide you with the opportunity to comment on how our enterprise agreements should be structured in the weeks and months ahead.
 
We are finalising some dates and venues to host forums with staff during December and February. A follow-up email will confirm these and invite you to attend.
 
We look forward to regularly communicating with staff throughout the negotiation of the new agreements and will regularly seek your input. A website which will serve as the focal point for information for staff throughout the negotiations is currently in development.
 
Professor Janice Reid
Vice-Chancellor