Commerce: Flexible Working Hours Agreements

Executive, 29 January 2008

Report adopted

The PSA received the an offer on 16 October 2007 that notified the PSA of the Department's intention to rescind and replace the following agreements and Award and replace them 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 and a teleconference were held to discuss and vote on the Offer. 95.1% of members at these meetings voted to reject the Offer, 3.1% of members abstained from voting on the motion and 1.8% of members voted to accept the Offer.

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to the Department of Commerce on 6 November 2007 to reject the Offer and to request that the current agreements are not rescinded and replaced or changed in any way until the parties negotiate a replacement agreement.

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 14 and 28 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 3 December 2007 the PSA received correspondence from the Department dated 30 November 2007 that confirmed the Department's intentions to revert staff to the flexible working hours conditions of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006.

On 6 December 2007 the PSA lodged a dispute in the Industrial Relations Commission seeking a direction from the Commission that the Department of Commerce will not rescind, replace or in any way change the current flexible working hours agreements and awards prior to negotiations being completed and agreement being reached on an instrument to replace the current arrangements.
On Monday 10 December the matter (IRC2007/2157) was heard before Justice Staunton who gave a strong recommendation to the Department not to rescind, replace or in any way change the current flexible working hours agreements and awards and to enter into genuine negotiations. Justice Staunton also suggested that the PSA take up the Department's offer to involve UnionsNSW in the negotiations.

As a result of the recommendation the negotiations involving the Department, PSA, APEMA and Unions NSW have taken place on 11 December 2007, 20 December 2007, 8 January 2008, 15 January 2008 and 22 January 2008. On 10 January the Director of Corporate Services and Review advised all staff that current flexible working hours agreements would continue till 14 March 2008 to facilitate negotiations.

Current Position:

We have made some progress in negotiations however the Department's bargaining parameters of "no cherry picking" and "no break through conditions" does not protect our members' entitlements nor address the unfairness of the forfeiture of flex leave.

It is our intention at the report back of 29 January 2008 to request the assistance of the Commission either though further conciliation or arbitration to progress the outstanding threshold issues of:

1. The inclusion of Government Chief Information Office in the proposed Agreement.
2. No forfeiture provisions.
3. Banking of flex leave.
4. 5 days blocks of flex leave.
5. The provision for pay out of flex leave credits.
6. Savings of Rights.
7. Exit provisions.
8. The use of the term staff/officers through out the agreement.

Membership meetings and a teleconference are also scheduled for the weeks of 4 February 2008 and 11 February 2008 to inform and engage the membership in negotiations. A slogan competition is also currently being run which will culminate in a badge-wearing day in the week of 18 February 2008 to demonstrate the memberships strongly felt views that the Department needs to review its position on it bargaining parameters.