Commerce dispute over Flexible Working Hours Agreements

Executive, 26 November 2007, EX91/07

"That the PSA Executive endorse the following motions:

1. That the PSA will not accept any changes to the current flexible working hours agreements in the Department of Commerce including the recision and replacement of those agreements until a replacement agreement is negotiated.

2. That any replacement flexible working hours agreement in the Department of Commerce negotiated by the PSA will contain operational provisions to ensure that our members do not forfeit their flexible working hours credits.

3. That any replacement flexible working hours agreement in the Department of Commerce negotiated by the PSA will not reduce our members' entitlements."

The PSA received the an offer on 16 October that notified the PSA of the Department's intention to rescind and replace the following agreements and Award with the provisions of the Office of Industrial Relations Flexible Working Hours Agreement.

1. Commerce Flexible Working Hours Agreement
2. Office of Fair Trading Inspectors Flexible Working Hours Agreement
3. State Records Flexible Working hours Agreement
4. Crown Employees (NSW Department of Commerce- Chief Government Information Officers) Award 2005, Clause 6, Working Hours and Arrangements
5. NSW Department of Lands and Water Conservation Flexible Working Hours Agreement 1997
6. Premier's Department Flexible Working Hours Agreement

Membership meetings were held to discuss and vote on the Offer from 23 October 2007 at Co-Ops (Bathurst), Consumer Trader and Tenancy Tribunal Newcastle, Corporate Shared Services (Parramatta and Orange), Government Chief Information Office (Mckell), Motor Vehicle Repair Industry Authority (Five Dock) , Office of Fair Trading (Elizabeth Street, McKell, Newcastle, Parramatta and Wollongong), Office of Industrial Relations (McKell, Newcastle and Wollongong), Office of NSW Procurement (McKell), Office of Public Works and Services (Bankstown and McKell) and State Records (The Rocks and Kingswood). A teleconference was also held to allow members in regional or remote areas to participate.

The following motion was put at these meetings:

That this meeting of PSA members from the Department of Commerce on (insert date) reject the Department of Commerce Offer of 16 October 2007 regarding the Flexible Working Hours Agreements.

95.1% of members at these meetings voted to accept the motion, 3.1% of members abstained from voting on the motion and 1.8% of members voted against the motion. Additionally members in the Office of Industrial Relations who were not eligible to vote for the motion as they were not covered by the Offer passed motions in support of the motion.

The PSA wrote to the Department of Commerce on 6 November 2007 to reject the Offer and to request that the current agreements are not rescinded and replaced or changed in any way until the parties negotiate a replacement agreement. A list of issues that the Department's proposed agreement would create for the Department and our members was also included.

The PSA has surveyed our members to find out what they need and would accept from a replacement agreement. We have received an overwhelming response from our members who have identified the following key areas of concern with the Department's proposed agreement, which they would like addressed in any replacement agreement that we negotiate:

• Forfeiture of flexible working hours credits

• Operational difficulties and personal hardship that is created by the diminishing of accumulation and block and banked flex leave provisions

• Consultation on the proposed agreement

We met with the Department on 2 November and 14 November to discuss these concerns. The Department have stated that they are prepared to consider the incorporation of matters suggested by the Association [but is] not prepared to conduct a full negotiation process.

On 23 November the Association wrote to the Department to clarify the Department's position in relation to no forfeiture provisions for flex credit hours, block and banked flex leave and negotiation.

A meeting with the Department is scheduled for 28 November 2007 to discuss the Department's response.