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Landcom: Agreement reached and will now go to vote

27 August 2008

The PSA is pleased to advise that in-principle agreement has been reached on your new Award and pay increase.

The agreement reached is based on the feedback the PSA received from all our members at Landcom.

The PSA would like to thank you all for your involvement. Your commitment is what enables the PSA to work on your behalf. This work included:

  • engaging our solicitors to help obtain a response from Landcom to our March pay claim of 6.5 per cent;
  • consulting with members at meetings, via emails and personally to ensure that everyone's voice was heard and taken into consideration;
  • negotiating with Landcom to progress the details of the claims;
  • comparing proposed changes to standard practice in other state owned corporations and across the public service;
  • obtaining legal advice on how to ensure your conditions and entitlements remain in a state based industrial instrument;
  • regularly reporting back to the NSW Industrial Relations Commission to relay the progress made in negotiations.
The details of the agreement reached are as follows:

Pay

At our meeting of 21 August, Landcom reported that they were able to pay back pay to Friday 25 July 2005 on the basis of a 4 per cent per annum increase for two years.

Agreed Absences

Landcom originally proposed to introduce structure around the accrual of agreed absences. Their original suggestion was for staff to cease to accrue agreed absences when on leave for a period of one calendar month, which Landcom advised was the current practice.

The PSA's response incorporated concerns from members that staff on sick leave should not be affected. As such we counter-proposed that agreed absences could cease to accrue on one of the following basis:

  • Where a staff member exceeds two continuous months of leave excluding sick leave, or
  • Where a staff member exceeds three continuous months of leave including sick leave.
Landcom have agreed to option (a) above that is that agreed absences will cease to accrue where a staff member exceeds two continuous months of leave excluding sick leave.

Overtime

Landcom proposed that employees no longer choose the form of compensation for directed overtime. PSA maintained that where employees agree to undertake directed overtime they should retain their right to choose how they are compensated.

In response, Landcom advised that the issue was one of managing excess accrual of leave. Consequently, the parties agreed that where an employee had accrued over 30 days of annual leave, Landcom could determine whether someone was paid or given time off in lieu at applicable rates.

Maternity Leave

Landcom's proposed to enable a staff member proceeding on a subsequent term of maternity leave to be paid her maternity leave on the basis of her substantive hours where that employee has been on reduced hours for up to two years. Currently this provision is capped at 12 months.

This is an improvement to your current conditions and as such the PSA welcomes the change. This change brings your award conditions into line with the outcomes of the Family Provisions Test Case. The PSA has been advocating for this change with the NSW Government since late 2005.

The PSA and Landcom are working together to ensure that your Maternity Leave and Parental Leave clauses clearly reflect all of the improvements arising from the Family Provisions Test Case.

ATO Rates Regarding Use of Private Motor Vehicle

Landcom proposed that the Allowances for Use of Private Motor Vehicle would be based on the applicable ATO rates. It is currently based on the CPI rates.

The PSA has agreed to this change on the basis that pool cars are available and the difference in rates is largely ameliorated through the effects of taxation.

Excess Travelling Time, Meal Allowances, Sick Leave, Family and Community Services Leave, Leave Without Pay and Special Leave

Members will recall that Landcom's original offer included changes to Excess Travelling Time; Meal Allowances; Sick Leave; Family and Community Services Leave; Leave Without Pay and Special Leave.

The PSA rejected these changes.

However, the PSA and Landcom have agreed to hold discussions on these matters during the term of the new Award. The holding of these discussions will not impact on the finalisation of the new Award.

Type of Agreement (ie federal or state)

Your new Award will be a state based instrument and will be effective until 30 June 2010.

The PSA totally supports the current NSW Industrial Relations system. We oppose being moved out of it. The PSA believes that the NSW Industrial Relations System is one of the fairest in the world, and we hope State Owned Corporations will remain within the NSW jurisdiction. In the meantime, we obtained legal advice on how to ensure your new Award was enforceable in the NSW Industrial Relations System.

Other Matters

Xmas Shut Down Leave: Members advised the PSA that you were concerned with the matter of the Xmas Shutdown. PSA members raised concerns with the lack of flexibility in the shutdown period and the possible consequence of running down leave.

As such the PSA requested that discussions occur with the PSA on this matter. Landcom agreed to this and advised they may offer flexibility around the first week of January. The PSA will continue our representations to Landcom during our consultation meetings on this issue.

What Happens Now?

Vote: PSA members will vote on the agreement in the terms outlined above. A majority of PSA members must vote in favour for it to proceed.

Organiser Olivia Morris will soon forward you details of the vote.

Drafting and Process: Following our in principle agreement, the PSA and Landcom will be finalising the drafting of clauses and the paperwork required for approval in the NSW Industrial Relations Commission.

Your Preserved State Agreement (that is, your current Award) will need to be terminated through the Federal Australian Industrial Relations Commission. This has been agreed as the parties are committed to a NSW based instrument. However, this process will not impact on the implementation of your pay rise or your new Award.

Should you need to contact the PSA please contact Organiser Olivia Morris on 9220 0904 or omorris@psa.asn.au


Contact Details
Maria Cirillo, Industrial Officer
Ph:  02 9290 1555
Fax: 02 9262 1623
mcirillo@psa.asn.au

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