At the PSA meeting held on Friday 24th of October 2008 at 12.30pm, PSA members resolved the following:

“This meeting notes:-

1. that the Government negotiators have delayed the negotiation process in the Industrial Commission upon the basis that they need more time to obtain instructions;

2. that the Government has failed to give any undertaking that it will comply with the status quo provision contained in clause 23.2 of the South Australian Government Wages Parity (Salaried) Enterprise Agreement (EA);

3. that the Industrial Commission has, in the recommendations issued on 23rd October 2008, recommended that bans not be re-imposed and that the Government not implement any change of duties or physical movement before 24th November 2008;

4. that the Commission has adjourned the dispute hearing, as per the request of the Government, until Friday 7th November 2008;

5. that the Government is in the meantime continuing with the planning and implementation of shared Services;

6. that the government is not in any way impeded by the Commissioner's recommendations because it has not scheduled any further movement of employees or changes in duties before 24th November 2008;

7.that the Government refused in the Commission to give any undertaking not to issue any more proclamations transferring employees into Shared Services pending resolution of the dispute, whilst the dispute remains under the auspices of the Commission or even for the time being.

And having considered all of the above, determines:
Not with standing the recommendation of the Commissioner

1. To re-impose the Bans because of the failure of the Government to negotiate in good faith and because it has failed to give an undertaking that it will comply with the status quo provision contained in clause 23.2 of the EA;

2. Puts the Government on notice that it expects it to present a real and        substantive offer to the PSA in settlement of all issues by no later than c.o.b. Tuesday, 4th November 2008; and

3. Adjourns this meeting until Tuesday, 4th November 2008 at 5.15pm.”

Following the fourth of the four meetings, held in the Industrial Commission on Tuesday 14, Friday 17, Monday 20 and Thursday 23 October 2008, the Commission issued the following statement and recommendations:

“V.C. 18/2008

SOUTH AUSTRALIA
IN THE INDUSTRIAL RELATIONS COMMISSION
NO. 6259 of 2008
    IN THE MATTER of a dispute between SA Government (Dept of Health) and the Public Service Association of SA Inc

                - and -

    IN THE MATTER     of a voluntary conference pursuant to Section 200 of the Fair Work Act 1994.


STATEMENT AND RECOMMENDATIONS
COMMISSIONER P.J. McMAHON
ADELAIDE 23 OCTOBER 2008

Numerous meetings have occurred in relation to Shared Services between the Public Service Association and the Government (Department of Health) under the auspices of the Commission.

Last Monday 20 October 2008 it seemed that the government and the PSA may have been close to developing a “without prejudice” proposal that could possibly potentially resolve the dispute. The Government indicated that they would need to have discussions with senior management to see if there was an opportunity to progress the matter.

At today’s meeting the Government indicated that they needed to seek further advice because of the nature of the proposal. They have indicated that they would not be able to provide a response to the PSA until Tuesday 4 November. and sought a report back for Friday that week. While it is disappointing that the Government has not been able to furnish a response today, the proposal being discussed does require due consideration. The PSA expressed their displeasure with the Government not providing a firm offer 

I recommend the following:

1.THAT the Government provide a written respond to the PSA on this matter as soon as possible, but no later than Tuesday 4 November.
2.The parties report back to the Commission Friday 7 November at 9.30am. Should it be required, the Commission will facilitate an earlier re-listing at short notice
3.THAT the lifting of all bans and limitations continue so that meaningful negotiations can occur in the Commission.

4.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.

BY THE COMMISSION:

Paul McMahon
COMMISSIONER

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