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VTA HR Conference 2007 17 October 2007 Matt O’Connor Director Public Sector, Industrial Relations Victoria

VTA HR Conference 2007 17 October 2007 Matt O’Connor Director Public Sector, Industrial Relations Victoria. Victorian Government policy. Workplace Rights Standard Comprehensive safety net AIRC’s role Balanced collective bargaining Freedom of association Unfair dismissal rights

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VTA HR Conference 2007 17 October 2007 Matt O’Connor Director Public Sector, Industrial Relations Victoria

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  1. VTA HR Conference 2007 17 October 2007 Matt O’Connor Director Public Sector, Industrial Relations Victoria Industrial Relations Victoria

  2. Victorian Government policy Workplace Rights Standard • Comprehensive safety net • AIRC’s role • Balanced collective bargaining • Freedom of association • Unfair dismissal rights • Equal pay for work of equal value • Work and family balance Industrial Relations Victoria

  3. Agreement content • Prior to Work Choices: • Mandatory requirements for certifying agreement • AIRC scrutiny of NDT and other matters • S170LI (Electrolux) – content must pertain to employment relationship Industrial Relations Victoria

  4. Agreement Content • Work Choices: • Prohibited content (in regs) • Equivalent to old s170LI in regs • No AIRC scrutiny of agreements • No NDT (but now a Fairness Test) • Agreement operates from lodgment • Prohibited content can be severed Industrial Relations Victoria

  5. State public sector safety net Public Sector Employment (Award Entitlements) Bill • Protect existing award safety net • Fairness test (like old Federal NDT) • Workplace Rights Advocate role • Amendment in Public Sector Acts (Further Workplace Protection and Other Matters) Bill – prohibition on offering statutory instrument (other than collective agreement) that materially departs from collective agreement or award Industrial Relations Victoria

  6. Impact on Vic Public Sector • Continue to negotiate collective agreements • VPS Agreement renegotiated March 2006 • “Third” round of bargaining – police, teachers, nurses • Advice to Depts and agencies on new laws • Alternative instruments for prohibited content • Policies on use of new/revised bargaining provisions Industrial Relations Victoria

  7. Wages policy • Guideline rate of 3.25% per annum, made up of: • 2.5% centrally funded to keep pace with projected CPI • Up to a further 0.75% for service delivery improvements • Increases above 3.25% in return for productivity cost offsets Industrial Relations Victoria

  8. Bargaining process - issues • Termination/suspension of bargaining periods • No paid rates grounds – only health, safety etc. • Vic Police application • Pattern bargaining • Third party rights • Secret ballots • Police, teachers, nurses • Different approaches from AIRC – vote on all action together or divide types of action Industrial Relations Victoria

  9. Content - issues • Comprehensive agreements – avoid calling up • Duration – now 3-5 years (police 3yrs, 9mths) • Process for seeking advice from OEA, lawyers • Employers seeking advice on • Dispute settlement procedures (standard clause in policies) • Protected award matters • Prohibited content • AFPC standards Industrial Relations Victoria

  10. Third Round • Police • in principle agreement reached with TPA • 13.25% baseline increase over 4 years • Classification structure adjustments • Increased flexibilities, inc fixed-term, part-time, rostering • Commitment to reduction in crime rates • To be voted on by police officers (ballot closes Oct 23) Industrial Relations Victoria

  11. Third Round • Teachers • Current agreement expired 6 Aug 07 (but no new increase before 31 Dec 07) • AEU seeking 10% per annum, plus conditions improvements • Negotiations continue with AEU and APF • AEU members voting on secret ballot for protected industrial action – all-day stoppages, 4-hour stoppages Industrial Relations Victoria

  12. Third Round • Nurses • Current agreement expired 30 Sept 07 • ANF seeking 18% over 3yrs, plus extension of nurse/patient ratios and other improvements • Employers seeking increased flexibility with ratios, shift lengths • Negotiations continue with ANF, HACSU etc. • ANF application for secret ballot order dismissed (ANF advised AIRC that seeking multi-employer agreement) • ANF stop work meeting Oct 16 Industrial Relations Victoria

  13. Federal policies • ALP • 10 national employment standards – Transition Bill early 2008 • Award modernisation – 10 matters (AIRC to commence Jan 08) • Fair Work Australia commences operation 1 Jan 2010 • More flexible common law agreements for those on more than $100K – standards apply, but not awards • New flexibility clauses in awards and agreements • Existing AWAs to operate for full term • Secret ballots to be retained • Access to orders against unprotected action retained Industrial Relations Victoria

  14. Federal policies • Coalition – no change • More guidance from WA on prohibited content • Secret ballot provisions clarified in AIRC? • Third party/Federal Govt intervention? • Award simplification Industrial Relations Victoria

  15. Summary • Collective agreements (“business as usual”) • Bargaining policies reviewed • Alternative instruments • Added complexity • Major bargaining round under way Industrial Relations Victoria

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