PSA Position Paper - Enterprise Bargaining in State Water Corporation

The conditions of employment for state water corporation employees shall be provided for within either:

• an enterprise agreement as provided for under section Chapter 2, Part 2, Section 29 of the NSW Industrial Relations Act 1996 or
• a common law deed

Pay
Future salary increases for State Water Corporation employees shall reflect the increases negotiated and agreed between the PSA and the NSW State Government for state government employees.

The agreement shall ensure that the pay scales for staff members shall take into consideration responsibilities, skills and knowledge required to perform the job.

Coverage
This agreement or deed is to cover all employees of State Water Corporation.

Duration
The duration of the agreement or deed will be three years.

Protection of Employment Standards
The agreement or deed shall ensure that state water corporation employees are protected from and do not suffer any disadvantage resulting from the implementation of WorkChoices.

Unless otherwise specified in this paper, existing provisions as specified within the

• State Water Corporation Salaried Officers Enterprise Agreement (March 2006),
• Crown Employees (State Water - Storages, Operations and River Infrastructure Staff) Award;
• Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006;

Where there has been no agreement between the parties regarding policies for State Water Corporation employees, the policies and procedures as stipulated in the:

• NSW Public Service Personnel Handbook;
• Premier's Department Circulars and Memoranda;
• Managing Displaced Persons policy together with any subsequent updates; additions; circulars and memoranda; and
• Premier's Department Consultative Arrangements Policy and Guidelines with any subsequent updates; additions; circulars and memoranda

Future State Water specific policies, or where there has so far, been no agreement between the parties, shall be negotiated between the parties to this agreement or deed.

Improvements in employment standards
Any improvement to the conditions of employment for the NSW public servants as agreed between the NSW State Government and the Public Service Association shall be read to be included in the terms and conditions of the State Water agreement or deed.

Managing change in the workplace

• The agreement shall provide for the right to full and proper consultation and negotiation between the parties when change is first contemplated.
• Managers to be open and accountable in decision-making.
• Restructures to be subject to a detailed analysis of the duties of all positions in an affected area.

Equity
The agreement shall provide for:

• Commitments for the workplace to be free from harassment;
• The negotiation of a comprehensive and prescriptive policy on Indigenous Employment

Superannuation
The agreement shall provide that any improvement to employer contributions to superannuation as negotiated between the NSW State Government and the Public Service Association shall be read to be included in the terms and conditions of the agreement or deed.

Salary sacrifice
The parties agree to update the existing clauses on salary sacrifice to reflect current legislative requirements.

Implementing the agreement
The agreement or deed shall provide for:

• Managers to have demonstrable skills and knowledge of industrial agreements and legal obligations in order to apply them and support staff.
• State Water Corporation to educate and advise managers/supervisors and staff on the operation of the agreement or deed. This process is to be agreed to between the parties to the agreement or deed.

Referral Agreement The Referral Agreement as agreed between the PSA and the State Water Corporation in March 2007 shall apply to any dispute which cannot be resolved according to the Dispute Settlement Procedure contained within the agreement or deed.

The PSA reserves the right to add to, vary or amend items contained in this Position Paper.