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Lotteries bargaining update, August
07 August 2007
The PSA recently held workplace meetings and conducted a survey to ascertain information to help us develop the PSA's negotiating position in this current round of bargaining.
What we found was that while most PSA members are generally satisfied with the conditions of employment outlined in the award some improvements are warranted and you feel that implementation of award provisions by various managers needs to be better policed.
In particular the following issues were raised:
WorkChoices and Job Security
Members wanted to ensure that the PSA worked to protect the existing conditions of employment from the effects of WorkChoices.
Members were concerned with the fact that the Lotteries gambling licence had only been approved for a one-year term. This raised the question of the possible sale of the Lotteries license in near future. Members are concerned about what will happen to their employment conditions if their employer changes, and in particular whether they will be exposed to a WorkChoices agreement.
Leave
Members have advised that there is an over request - or possibly inappropriate requests - for medical certificates when staff take sick leave.
Members feel that some forms of leave are rejected for invalid reasons, and are unhappy with the fact that these decisions can be made without accountability or reference to staff.
Communication and consultation
Members raised questions about management accountability and transparency of decision-making with regard to both the implementation of the current Award provisions and work management practices.
Members also saw a need for management to improve their communication with staff and allow for more staff input into decision-making. For example, staff felt left out in the cold when the request for expressions of interest in voluntary redundancy was announced without any prior consultation or information to staff.
Work Environment
Members want to see:
Improved implementation of EEO principles and less bullying and harassment in the workplace.
Equity of access to staff development opportunities
Staff Recognition
Staff felt there was a need for management to pay more recognition to the contributions staff made to the success of NSW Lotteries through hard work and skill expertise.
This recognition should come through:
- A fair pay increase
- Proper recompense for additional duties and/or responsibilities
- Regular and easy access to request a review of one's position description and/or a job re-evaluation, and
- Encouragement of staff development at all levels of employment.
PSA Response to Staff Concerns
In response to the issues raised by members the PSA can provide the following update:
Pay Rise & NSW Government Wages Policy
The PSA understands and supports our members' case for a fair and reasonable pay rise.
Recently the NSW government announced an ambit wages policy of 2.5 percent per annum with a requirement that any further per annum increase would require identified savings in order to proceed.
The PSA has unequivocally rejected this position and will be making representations to the NSW government to this effect. However, it looks as though this will be a hard and long fight and as such, this matter will probably not be resolved until next year.
You will shortly be contacted by a PSA organiser or delegate to discuss:
how you can help win a fair payrise at NSW Lotteries; and
various options for proceeding.
WorkChoices and Job security
WorkChoices and a change in NSW Government Wages policy means that the negotiations for your next conditions agreement and pay rises will take place in a very different industrial environment to previous years.
Currently your award no longer exists as an Award. It has now become what is called a Preserved State Agreement under WorkChoices.
This means that your conditions are preserved and will continue to operate until a replacement Agreement is finalised. Your conditions are protected until we all agree to have them replaced with another agreement.
To ensure you are protected from as much as possible from WorkChoices, the PSA has negotiated a Referral Agreement which, as its name suggests, refers disputes to the State Industrial Relations Commissions. The Referral Agreement cites relevant sections of the State Industrial Relations Act for its terms of reference. The PSA is hopeful that this may help to rebuild some of the protections lost.
This Referral Agreement will remain in force until a new comprehensive agreement is concluded and signed by both parties.
In addition to this, the PSA is aiming to negotiate a Common Law Deed instead of a Federal Agreement with NSW Lotteries.
This is because a common law deed can be comprehensive and can contain protections disallowed in a federal agreement by WorkChoices. Some of this prohibited content includes - but is not limited to:
- conversion from casual employment to another type of employment;
- trade union rights of entry or training leave;
- renegotiation of a workplace agreement;
- restriction on the engagement of independent contractors and requirements relating to the conditions of their engagement;
- the foregoing of annual leave;
- restrictions on the engagement of labour hire workers;
- maximum or minimum hours of work for regular part-time employees; and
- Improved protections against unfair dismissal in the federal jurisdiction.
The Federal Government may add to the above list at any time through amendments to the regulations. Such changes or additions do not require senate approval.
Work on clauses within the Award/Preserved State Agreement
The PSA is working on proposed changes to a number of clauses to help achieve the improvements you have identified through our member surveys and meetings.
We have tabled clauses or changes on:
- Effective implementation of the agreement
- Anti-discrimination
- Behaviour at Work (this clause is about working to eliminate bullying and harassment in the workplace)
We will be examining the following clauses to see if improvements can be made:
- consultation between the parties
- higher duties allowance
- flexible working hours
- Staff Development and Training Activities - PSA propose to have improved equity of access to development opportunities
- Higher Duties Allowance
- Allowances- introduction of a on-call allowance
Management has tabled a number of proposed changes to a number of clauses. Including:
- FACS leave - to be replaced by Personal (Carers) & Compassionate Leave - no entitlements lost
- Sick leave - to be replaced by a new Personal (Sick) Leave clause. No entitlements are lost, however there is an improvement of two days per occasion for compassionate leave.
- Leave without pay - mgt proposal to include a stipulation that public holidays will not be paid on leave without pay days or when staff member would not have ordinarily worked (eg part-time etc).
- Parental Leave - mgt proposal to include a stipulation that public holidays will not be paid on leave without pay days or when staff member would not have ordinarily worked (eg part-time etc).
- Salary Packaging - updating of provisions
- Uniforms and protective clothing - updating of provisions removal of reference to printers.
- 12 hour shift work - amendment to clarify that meal breaks may be taken as two rather than only in a block
- Definition, proposal by mgt to introduce a definition of 5 day shift worker
- Assistant Computer Operations Managers - roster conditions - new clause designed to reflect current practice and local agreement
- 19 Day month for Retail Operations employees - new clause designed to reflect current practice and local agreement.
Please note that many of the proposals put by management are designed to update the Agreement, however others have important changes that you need to pay special attention and consideration to.
These clauses are all available upon request to Maria Cirillo, Industrial Officer, mcirillo@psa.asn.au
Contact Details
Maria Cirillo, Industrial Officer
Ph: 02 9220 0929
Fax: 02 9262 1623
mcirillo@psa.asn.au
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