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 Home Campaign Bulletins TAFE/DET
TAFE Illawarra Institute Bulletin 15 September 200815 September 2008Establishment of Illawarra Institute Workplace GroupMettings of PSA members were held at each campus of the Illawarra Institute to discuss the establishment of a Workplace Group. Following the meetings, a fi nal charter was put together taking into account the views of members.The Illawarra Workplace Group Charter was then sent to the PSA Executive for endorsement. The next step is to hold an election by postal ballot to fi ll the positions in the group. If you want to have a say in how your union is run and want to be part of a collective effort to improve your rights at work we encourage you to nominate for these positions and make your vote count in the election. More details regarding the ballot will be sent out shortly. If you have any queries regarding the Illawarra Workplace Group or would like to discuss being a delegate please call Bart McKenzie on 0439606169. Illawarra Institute Consultative CommitteeThe Illawarra Institute Consultavie Committee (ICC) is a committee made of management, the Teacher's Federation, the AWU and your union, the PSA.The committee meets on a regular basis and discusses issues put forward from each of the groups who make up the committee. The next ICC is on 17 September 2008 where among other things an ICC charter will be discussed. The charter will spell out how many PSA representatives we can send along and give us some weight in terms of our participation - something management have not always made easy. This is a forum in which the PSA works for you and it is important to be informed about what the committee does and discusses so if you have any queries please contact Bart McKenzie on 0439606169. Class Support Review - Northern AreaThis review has taken place over a number of years and the PSA has fought hard to keep the Institute accountable and ensure the best outcomes for members.As part of this process, a dispute was lodged by the PSA in early 2007. This was due to concerns over the refusal of DET/TAFE to properly evaluate expanded Statements of Duty (SODs) for positions in a new class support structure for the upper Illawarra using an agreed process. Following several hearings before Commissioner McKenna, the Illawarra Institute fi nally agreed to review the proposed SODs in consultation with the PSA to ensure the responsibilities are appropriate for the proposed classifi cation and grading. The Institute Implementation Reference Group (IRG), a joint committee established to oversee the restructuring process, has now fi nalised the approximately 25 SODs for positions in the new structure. The SODs have been endorsed by the PSA class support membership at local meetings and implementation of the new structure in respect of direct appointments under phase 3 of the old DET Managing Displaced Employees Policy has been completed. The recruitment process for positions in the new structure is now being carried out in accordance with the provisions of the new DET Managing Displaced Employees Policy. Following a threat to relist the dispute in the Industrial Relations Commission, DET gave special approval to revert to internal recruitment in the fi rst instance for positions in the new structure as a concession. The PSA has also requested clarifi cation on implementation of permanent part year and temporary employment contracts under the Public Sector Employment and Management Act as a replacement for current seasonal arrangements. The Institute has given an undertaking in the IRC to progressively review all seasonal positions with a view to implementing changes from the commencement of the 2009 academic year. The matter has been concluded in the Commission. A fi nal mention was held at Wollongong on 12 June 2008 before Commissioner MacDonald who left it open for the parties to relist if necessary. Long Service Leave - seasonal or part year employeesIn November 2007 several members from the Illawarra In- stitute of TAFE raised concerns about an underpayment in their Long Service Leave.This was the result of a poorly worded TAFE policy that lead to the Institute calculating the hourly pay rate of seasonal workers at half their normal hourly rate. The union immediately took the issue up with the Department and when it was clear that the Department was not moving to rectify the issue we lodged a dispute in the Industrial Relations Commission. This led to a quick resolution where the Department conceded that members at the Illawarra Institute were paid less than their full entitlement of Long Service Leave when they took their leave. After negotiations the Department agreed to calculate the long service leave entitlement of these members on the basis of the hours worked and the rate of pay at the time of taking leave. So far they have only back paid one member in the Illawarra Institute. We are following up back pay on behalf of the other members already identifi ed to ensure they are also back paid using this formula. We will also take this issue up on behalf of any other member across the state that has been underpaid. The Department has also agreed to change the TAFE policy to accurately refl ect the intent of the NSW Long Service Leave Act 1955. Under the Act, where an employee takes long service leave they should receive their ordinary pay in respect of that leave. Ordinary pay under the Act means the remuneration for the employee's normal weekly number of hours of work calculated at the ordinary time rate of pay plus an average of any bonus, commission or other incentive payments paid over the last 12 months or the last 5 years, whichever is greater. Shift work, other penalty rates and overtime payments are not included. The Department has proposed wording to amend the existing TAFE policy on Long Service leave. The union does not agree with their wording as it does not accurately refl ect the intent of the Act. The PSA has proposed the following wording as an acceptable defi nition of ordinary pay: "the normal weekly number of hours of work or the average number of hours worked each week over the last 12 months ending on the prescribed date or the last fi ve year whichever results in a higher weekly number of hours worked." The PSA will again meet with the Department next week to try and resolve this issue prior to the next appearance in the Industrial Realations Commission on 1 October 2008. DET/TAFE on the PSA websiteMembers can get onto the PSA website for information on what is happening in the DET/TAFE sector by going to http://www.psa.labor.net.au/tafe-det/Updating membership detailsThe PSA website has a link that enables members to update their details. The link for this is http://www.psa.labor. net.au/join/address_change.html.So if you have moved in the last few years, get online and update you information and ensure you receive a copy of the PSA's publication, Red Tape. Put this on your noticeboard - then RecycleMembers are encouraged to put this bulletin up on local notice boards, in team rooms and to pass it onto non-members. Non-members at the Institute interested in supporting your colleagues and your union in improving and maintaining your rights at work can download a membership application form from: http://www.psa.labor.net.au or contact:PSA Industrial StaffBart MckenziePSA Organiser Illawarra TAFE bmckenzie@psa.asn.au 0439606169
Felix Bronneberg
Xanthe Thomson Illawarra Institute DET/TAFE State delegates for 2006-2008Christopher PickeringChristopher.Pickering@det.nsw.edu.au 4229-0450
Robert Wurth
Contact Details Bart Mckenzie Ph: 0439606169 bmckenzie@psa.asn.au  
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