INDUSTRIAL DISPUTE - PASSENGER TRANSPORT DIVISION
INFORMATION SERVICES MONITORING AND REPORTING

BACKGROUND:

The PSA was alerted by members employed in PTD (IMR) that they were issued a directive in January 2008 which prescribed a further limitation upon the accessing of Personal Leave (Sick) for IMR Staff.

The PSA subsequently wrote to the Chief Executive of DTEI, Mr Jim Hallion, explaining the provisions within the new directive were either unreasonable or contrary to government policy when prescribing:-

• that “50%” of sick leave may be taken in any one financial leave, however access to greater than 50% of the sick leave entitlement would require a medical certificate for all approved sick leave absence,

• that only a prescribed medical certificate would be accepted by the department.

Importantly the PSA also advised the Chief Executive that PTD implemented the new policy directive without consulting the PSA.

DTEI responded on behalf of the PTD confirming they considered the new sick leave policy to be consistent with broader DTEI policy and was implemented only after extensive consultation with staff.

However DTEI did not withdraw the offending directive nor commit to consulting with the PSA before issuing new policy directives. The PSA remains concerned that DTEI was sanctioning the implementation of arbitrary decisions upon staff which prescribed limitations on member's current terms and conditions of employment and will continue do so without prior consultation with the PSA.

In response the PSA notified the Industrial Relations Commission of South Australia of an industrial dispute and requested the assistance of a Commissioner to resolve the dispute.

DISPUTE HEARING:

On Monday 21 April 2008 Commissioner Doyle of the Industrial Relations Commission SA heard submissions from both DTEI and the PSA about the -

• legitimacy of the new policy directive,

• the process for implementing the new policy directive.

After hearing submissions and to assist the parties resolve the dispute, Commissioner Doyle handed down the following recommendations:-

1. “That DTEI clarify to all affected staff that the new Sick Leave Guidelines incorporate the utilisation of “other approved certificates” along with medical certificates.

2. That the operation of the 50% criteria set out in the guidelines be suspended pending further discussions between the parties.

3. That the parties meet as a matter of urgency to discuss possible resolution to this matter.

4. That DTEI provide to the PSA a copy of the draft booklet distributed in May/June 2007 to affected staff.

5. The this voluntary conference be reconvened at 10am Monday 5^th May 2008.”

The parties accepted the recommendations of Commissioner Doyle.

The PSA is committed to achieve an amicable and expeditious resolution to the dispute and believes this will be forthcoming if PTD consults fully with the PSA about the reasons for reviewing the sick leave policy and all other policies that affect member's terms and conditions of employment.

The PSA is committed to consult with members employed in IMR and will provide updates as discussions with the parties proceed. Further discussions between DTEI and the PSA are scheduled Friday 2 May 2008.

If you have any queries or require any assistance in this matter please contact PSA Industrial Officer, Mr Alan Wheeldon on 8205 3204 or email avw@cpsu.asn.au.

PSA WORKING FOR MEMBERS AT THE PASSENGER TRANSPORT DIVISION.