The PSA attended a voluntary conference in the State Industrial Commission on Tuesday 14 October 2008 at 2pm, requested by the Government.

This was in response to the following letter, sent to the Government on Friday 10 October 2008

“10 October 2008

Mr Jim Wright
Under Treasurer
Department of Treasury and Finance
GPO Box 1045
ADELAIDE SA 5001


Dear Mr Wright

RE: DISPUTE BETWEEN SA GOVERNMENT (DEPT OF HEALTH) AND THE PUBLIC SERVICE ASSOCIATION OF SA INC.
  MATTER NO. 6259 OF 2008 IN THE INDUSTRIAL RELATIONS COMMISSION

The PSA refers to the recommendations of Commissioner McMahon following the voluntary conference of Friday 3 October 2008. PSA held a meeting of its members affected by the proposed transfer of positions to Shared Services SA on Friday 10 October, to discuss the Commissioner's recommendations.

The following motion was passed by the meeting:

MOTION:

That this meeting of PSA members affected by Shared Services

• Notes the recommendations of the IRCSA, including that ongoing discussions will be Chaired by the Commission commencing 17 October,

• Determines to suspend bans on the basis that Government negotiates in good faith,

• Declares that for negotiations to be genuine Government is not to act to harm affected members and will not proceed to transfer, or make arrangements to transfer, Health, outer metropolitan or regional staff from their current Agencies or locations whilst these proceedings are before the IRCSA, and

• Adjourns this meeting to Friday 24 October 2008 at 12.30pm.

The PSA refers to Clause 23 Grievance and Dispute Avoidance Procedures of the South Australian Government Wages Parity (Salaried) Enterprise Agreement 2006 specifically 23.2 “Except where a bona fide health and safety issue is involved, during any dispute the status quo existing immediately prior to the matter giving rise to the dispute will remain. Work will continue as it was prior to the matter giving rise to dispute”.

Given the lifting of bans and clause 23 of the EA, the PSA seeks your agreement and undertaking that you will:

1. negotiate in good faith; and

2. respect the status quo by not taking any further steps to implement shared services pending resolution of this dispute.

Please respond to the above request by cob next Tuesday 14 October 2008


Yours faithfully
JAN MCMAHON
GENERAL SECRETARY”

The Commissioner's Statement and recommendations are as follows:

“STATEMENT AND RECOMMENDATIONS

COMMISSIONER P.J. McMAHON

ADELAIDE 15 OCTOBER 2008

This matter reconvened at the request of the Government’s representatives as a result of concerns arising out of the recent PSA information update to Members of 10 October 2008. Whilst the Government was satisfied that the bans on such matters as the payment of EBA increases were lifted, they were concerned with some of the content in the newsletter regarding the implementation of Shared Services. In particular the following paragraphs:

“… declares that for negotiations to be genuine, Government is not to act to harm affected members and will not proceed to transfer, or make arrangements to transfer, health, outer metropolitan staff from their current agencies, or locations whilst these proceedings are before the IRCSA…”

The PSA has demanded that the Government respect the status quo existing immediately prior to the matter giving rise to the dispute as per clause 23.2 of the Enterprise Agreement. The PSA is presently awaiting the Government’s response to this demand.”

The Government sought clarification from the PSA, whether this amounted to a further ban. The PSA indicated that there were no bans or limitations in place. The PSA was seeking a guarantee from the Government that no-one would be moved or have their duties altered as a result of the implementation of Shared Services, while the proceedings are before the Commission.

The Government responded that no-one would be moved or have their duties altered as a result of moving to Shared Services prior to the PSA meeting on 24 October 2008, however the Shared Services implementation planning would continue.

RECOMMENDATIONS

1. THAT the parties meet in the Commission on Friday 17 October 2008 at 9.30am with a view to commence meaningful negotiations.

2. THAT the lifting of all bans and limitations continue so that meaningful negotiations can occur in the Commission.

3. THAT no employee shall be moved or have their duties altered as a result of the implementation of Shared Services prior to 24 November 2008.

Leave is reserved to both parties.”

For further enquiries, please contact PSA Acting Assistant Chief Industrial Officer Ian Peak on phone (08) 8205 3294 or email ian@cpsu.asn.au