Dispute over special leave for delegates at SWSI

Executive, 28 July 2008, EX86/08

"That Executive endorses the strategy to pursue the dispute over special leave for delegates (SWSI) to enforce delegates' rights. Further, that consideration is given to raising this attack on delegates' rights issue with Unions NSW."

The PSA is in dispute with the South West Sydney Institute of TAFE (SWSI) and DET over the SWSI refusing special leave for delegates to attend a workplace group delegates meeting.

The PSA delegates had previously had special leave approved for delegates meetings under Clause 50 of the Crown Employees (NSW TAFE Commission - Administrative and Support Staff Conditions of Employment) Award 2005 (the Award).

The PSA SWSI delegates held a delegates meeting on Friday 20 June 2008. In accordance with the Award those delegates attending the meeting sort to access special leave for the meeting. Management refused to grant this leave on advice from the Department of Education and Training's industrial unit.

The PSA lodged a dispute under the terms of the Award on 3 July 2008 and a meeting has taken place with management in an attempt to resolve the dispute.

The DET is arguing that under Clause 50 of the Award special leave was not granted because a delegates' meeting is not a "council" under the PSA rules. Clause 50 of the Award relevantly reads:

The granting of special leave with pay will apply to the following activities undertaken by an Union delegate, as specified below:

(b) meetings of the Union's Executive, Committee of Management or Councils;

The parties have so far been unable to resolve the dispute. The union's advice to delegates is to continue to claim special leave for delegates meetings.