The PSA has great concerns over attempts by Government to deny members the right to have grievances heard by the 'independent umpire', the Industrial Relations Commission (IRC).

The PSA is pursuing an employment related matter regarding an Executive member. While details of the individual matter remain confidential, the principles are important for all members. A Voluntary Conference of the parties in the Commission was sought by the PSA and this occurred on Friday 9th of May 2008.

At that Voluntary Conference the government, represented by Public Sector Workforce Division (PSWD), raised a number of arguments regarding whether or not the Commission had jurisdiction to hear the matter. The Commission issued a recommendation that stated "... such an attitude is not helpful. The matter is in voluntary conference only and proceeding to deal with the merits would be without prejudice to the foreshadowed jurisdictional issues raised by PSWD"

A further Voluntary Conference was held on Thursday 15 May 2008. Again PSWD challenged the jurisdiction of the Commission to deal with the matter, either by conciliation or arbitration. Further, the Government stated that it declined to participate in any discussion of the merits of the matter.

Following that Conference, the Commission issued a statement stating that "the position being espoused on behalf of the government on this occasion represents a departure from the approach traditionally adopted."

The PSA is often reminded of the role of the Commission as the 'Independent Umpire'. The draft Public Sector Bill, which is aimed at replacing the Public Sector Management Act, proposes to do away with the current Grievance process and re-direct members' grievances to the SA IRC. The Government's approach to the Commission in this matter could mean that the Commission may not be able to hear grievances and members will be left with no independent review body.

Traditionally the Commission process is aimed at resolving industrial disputes. Part of that tradition has been the role of the Government as a model litigant that, in some ways, sets standards for other participants in the system. The Government's attitude flies in the face of these traditions and would appear to be aimed at side-lining the Commission by obstructing the process and by removing the ability of individual members, through their union, to challenge actions that may be unfair.

The PSA calls on the Government to move away from this obstructionist approach aimed at limiting or even doing away with the right of the individual to challenge decisions.

Enquiries to Peter Christopher, Chief Industrial Officer on 8205 3224 or at pgc@cpsu.asn.au

PSA WORKING FOR MEMBERS

21 May 2008