ACT Public Service Agreements Update

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1 Newsletter: 226/2013 Date: 1 August 2013 Distribution: S/B Reps & ACT Members, The Canberra Hospital, Calvary Hospital, Breast Screen, Disability ACT & Community Services ACT Contact: Bev Turello ACT Public Service Agreements Update Please read in conjunction with HSU Newsletter 131/2013 Dear Members Formal enterprise agreement negotiations between the HSU and the ACT Government Negotiating Team (GNT) have been ongoing since May The initial government pay offer of 2% per year over 4 years was rejected by all ACT unions immediately. Although negotiations in relation to the Common Terms and Conditions of Employment (the CORE) have progressed over the past two months the government has not responded with a counter pay offer. The HSU sub-branch executives decided that action was in order and so late last week prepared to protest outside the ACT ALP Conference on Saturday along with a number of other ACT unions. The Chief Minister called for a meeting with the unions, 6pm Friday 26 July. A big thank you to all the sub-branch executive and committee members who were prepared to come out with HSU placards and flags on their weekend at short notice. At this meeting a proposal, which was put forward by the HSU but rejected during the last round of enterprise agreement negotiations, was discussed and is being seriously considered by the government. For 2013 there be a one off Flat $ amount to be included in the base salary of every employee (pro rata for casual and part time employees) calculated as an increase of the hourly rate. This will be followed by pay increases calculated as a percentage of salary over the next 3 years at 6 monthly intervals. At the meeting held on Friday 26 July the ACT Chief Minister, Katy Gallagher, and the Treasurer, Andrew Barr, made a commitment to model the proposal by the end of this week, 3 August.

2 The HSU arguments for this proposal: A one off flat $ amount, included in the base salary of every employee (pro rata for casual and permanent part employees) calculated as an increase of the hourly rate, can easily be made at this juncture without affecting classification structures significantly. A one off flat $ adjustment of the hourly rate will reduce the growing gap between higher and lower salary levels. That is, employees on lower salary levels will gain higher pay increases than those on higher salary levels. Example: If the flat $ amount was to be $2270 per year this would equate to 2.27% for an employee earning $100,000 per year but 4.54% for an employee on $50,000 per year. Pay increases calculated as a percentage of salary but paid at shorter intervals, 6 monthly, result in higher compounding salary increases over the four year period. To summarise negotiations of the ACT Agreements and CORE so far: The government has decided with HSU agreement to adopt a new enterprise agreement structure which will replace existing directorate enterprise agreements with new classification-based enterprise agreements that will apply across the ACT public sector. The government has also decided to maintain existing occupation-specific enterprise agreements and a small number of separate enterprise agreements. The proposed ACTPS enterprise agreements to be negotiated with the HSU are as follows: Administrative and Related Classifications Health and Allied Professionals Infrastructure Services Nursing and Midwifery Support Services Technical and Other Professionals If you are unclear about which proposed enterprise agreement will apply to you then contact bev.turello@hsu.asn.au The HSU calls for HSU ACT members who wish to participate in or provide feedback for these negotiations. Please contact organiser Bev Turello by to bev.turello@hsu.asn.au if you are interested in either providing feedback or being a delegate at the enterprise agreement negotiation table (HSU level 1 training required). The HSU ACT sub-branches have developed a Log of Claims for the specific occupational based agreements and the CORE from member feedback received so far (see attached).

3 There has been significant progress made in redrafting the Managing Performance and Behaviour clauses of the CORE to ensure that an initial assessment is undertaken before progression to formal investigation; to ensure that the process is open, transparent and in compliance with the principles of natural justice; and to ensure that the clauses are clear, practical and consistent. That is, wording is not left open for local management to interpret incorrectly. Also a clause is to be included in relation to vexatious allegations. Could members please ensure that the contents of this newsletter be circulated to the membership as a matter of urgency; and encourage non-members to join HSU in order to participate in negotiations to improve their pay and conditions. Yours sincerely, Gerard Hayes Secretary, HSU NSW/ACT

4 Health Services Union NSW (ACT) Branch Level 2, 109 Pitt Street, Sydney, 2000 Tel: (02) Fax: (02) ACTPS enterprise agreements for which Health Services Union members have nominated the HSU as their bargaining representative: Administrative and Related Classifications Health and Allied Professionals Infrastructure Services Nursing and Midwifery Support Services Technical and Other Professionals WITHOUT PREJUDICE LOG OF CLAIMS : ACT General, Disability and PAICT (Professional) Sub Branches SALARY MOVEMENTS - The HSU is seeking a 16% pay increase over a maximum of 4 years commencing 1 July LENGTH OF AGREEMENT The HSU will not agree to a predetermined length of time for the proposed agreement until all matters have been dealt with in a satisfactory manner. COMMON TERMS & CONDITIONS - that the common terms and conditions clauses in relation to managing performance and misconduct be reviewed and redrafted to be clear, practical and consistent. That is, wording is not left open for local management to interpret incorrectly; MANAGING MISCONDUCT - that a suitable clause be included in the Managing Misconduct section outlining the process for dealing with vexatious allegations; MANAGING PERFORMANCE - that reasonable and acceptable timeframes be included within the Managing Performance and Misconduct clauses to prevent the processes being left in abeyance and without resolution for many months even years - as has been the case for a number of our members; VARIOUS CLAUSES - that there be review of the On Call, Close Call, Onerous Recall, Higher Duties Allowance, Annual Leave and Continuing Professional Development clauses in the Health and Allied Professionals Enterprise Agreement.

5 There are numerous ambiguities related to wording as well as inequitable outcomes for employees. Examples (including but not limited to) rest relief and reasonable travelling time for clinicians recalled to duty is often interpreted in many various ways by local management, for clinicians working at a level higher than HP3 the On Call and Close Call allowances are capped at HP3 even when the clinicians are performing clinical work on a daily basis, for permanent part time shift work clinicians the calculation of additional leave for working Sundays requires clarification, CPD seminars and workshops are more often than not scheduled on weekends. Clinicians are claiming that they have no recovery time if undertaking courses on a weekend and then working fulltime for the two weeks - that their CPD leave should be accessible as time off in lieu during their rostered working week. Many members are reporting that individual CPD leave is expected to be taken for conferences which the employer requires them to attend. S.E.A s - that all group Special Employment Arrangements (SEAs) be converted to an appropriate structure within the enterprise agreements; MEDICAL IMAGING & ACT PATHOLOGY S.E.A s - that the Medical Imaging and ACT Pathology SEAs be converted to the ACT Radiation Therapist structure and renamed as ACT Medical Scientist structure and with inclusion as a dedicated pay schedule within the Health and Allied Professionals Enterprise Agreement; HEALTH PROFESSIONAL HP3 UPGRADE BARRIER be abolished as it is onerous and no longer relevant. SALARY LEVELS FOR HEALTH CARE ASSISTANTS - that the salary levels of the new Health Care Assistant classification (Support Services Enterprise Agreement) be increased in line with the Technical Officer structure; SALARY LEVELS FOR DISABILITH SUPPORT OFFICERS - that Disability Support Officers (Support Services Enterprise Agreement) have their salary levels and increments increased in line with those determined within the ACT Public Service Classification Review; REGISTRATION FEES that the registration fee for employees working with vulnerable people be paid by the ACT Government; EMPLOYER SUPERANNUATION CONTRIBUTIONS - that the minimum employer superannuation contribution be increased to 15.4%. EMPLOYER SUPERANNUATION CONTRIBUTIONS - that employer superannuation contributions be maintained during periods of unpaid maternity leave and other types of parental leave. CASUAL CONVERSION TO PERMANENT STATUS - that casual employees working in vacant permanent hours on a continuous basis be deemed permanent after 3 months.

6 CASUAL LOADING - that the rate of pay for the casual loading be increased to 25% consistent with the quantum prevalent in Modernised Awards. ACT PUBLIC SERVICE CLASSIFICATION REVIEW - that the recommendations of the ACT Public Service Classification Review be implemented in relation to Health Support Officers (Support Services Enterprise Agreement) having pay levels merged; FOOD SERVICES BROADBANDING HSO4 & HSO5 - In particular, the HSU calls for a broad banding arrangement for HSO4 and HSO5 Food Services at the The Canberra Hospital. The incremental advancement of the HSO levels to remain annual but with a soft competency based barrier between HSO4 and HSO5. A broad banding arrangement is already in place for Health Support Officers TCH between HSO2 and HSO3 (R3 Food Services Competency Progression). Therefore, implementation of a similar arrangement for HSO4 and HSO5 would be an easy task (that is, not requiring a costly review by Human Resources). FORMALISATION OF MEAL TICKET ISSUE - That the established practice of over 10 years of providing a daily meal ticket to full time Food Services employees at the Canberra Hospital be formalised; SHOE ALLOWANCE FOOD SERVICES - that the established practice of over 10 years of providing a shoe allowance to Food Service employees at the Canberra Hospital be formalised. DOMESTIC VIOLENCE - That a suitably worded Domestic Violence clause be inserted into the agreement; LEAVE RESERVED that there will be no loss of terms and conditions within the new agreement; OTHER MATTERS - Any other matters that may be identified during the negotiation discussions.

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