PSA members will be affected by the Prime
Minister's
proposed changes.
The changes are complex, and will affect members in differing ways and
at differing times. The following information provides some basic but
relevant details.
All changes are as proposed by the PM, and still subject to the final
passing of legislation and the outcome of any High Court appeals.
The most fundamental change is not so much the specifics identified
below, but the general move away from collective outcomes. Past "across
the board" improvements in such areas as leave, flextime, penalty
rates, paid maternity leave, salaries, salary sacrifice, voluntary
flexible
working arrangements, shift allowances, meal and vehicle allowances are
not going to be as protected, or improved, with the greater emphasis on
individual contracts.
A recent example of this is the PSA securing of 12 weeks Paid Maternity
Leave, which was opposed by the employer. The likelihood of an
individual member achieving such a benefit is negligible.
SINGLE
IR SYSTEM
The proposed move to a single IR system will result in State based
Awards and Agreements being carried over for a transitional period to
the Federal system. Existing conditions will be pegged at current
levels. PSM Act members are not immediately affected by this transfer,
but members in "Corporations" are. eh Health members working in
hospitals and incorporated health units, WorkCover Corporation, SA
Water Corporation.
AUSTRALIAN
WORKPLACE
AGREEMENTS (AWA)
Current employees cannot be forced onto an AWA. New employment can be
subject to an AWA. Most entitlements can be "voluntarily" traded away.
A "simplified" registration process will be introduced that will remove
scrutiny of AWA content and remove the "no disadvantage test". The
Award no longer forms a safety net.
In Universities and TAFE the Federal Government has already stated that
it wants funding to be conditional upon the offering of AWAs. Concern
exists in other areas where Federal funding is provided.
DISMISSAL
Unfair Dismissal protection is removed where an employer has less than
100 staff. Protection exists only for unlawful dismissal if dismissed
for specified reasons, such as race gender or an existing employee
refusing to sign an AWA.
Most Australian workers will be able to be dismissed without reason and
without remedy.
ROLE OF
AUSTRALIAN
INDUSTRIAL RELATIONS COMMISSION (AIRC)
Severely restricted to primarily a mediation role. The PM says that
"the Government wants employers and employees to resolve disputes
between themselves". Private alternative dispute resolution (ADR)
providers will provide "choice" between the AIRC and ADR.
MINIMUM
STANDARDS
Annual leave, personal/carer's leave (including sick leave), parental
leave (including maternity leave) and maximum ordinary hours are
specified as minimum standards. These standards can be reduced. AWAs,
including for potential employees who want a job, can "voluntarily
trade" these entitlements. eg more cash (unspecified) in lieu of
penalties or for less leave.
This matter is large and complex and further information will be
provided. The purpose of this PSA/CPSU Brief is to provide an overview
regarding key issues.
Enquiries to Chief Industrial
Officer,
Peter Christopher on 8205 3200 or email pgc@cpsu.asn.au