February August 2012 2011
Hospital Parking Decision The Supreme Court has granted permission for an appeal to be heard, following the Industrial Relations Court determining parking fees and arrangements are not a condition of employment protected by an Enterprise Agreement. The PSA argued that the imposition of parking fees on members at metropolitan health facilities was a pay cut by stealth, and breached the clause of the Agreement which protected existing conditions. PSA argued it was a cut in existing conditions of employment. “However, the Court held that car parking was not a condition of employment, rather it was a benefit members enjoyed.” The decision will mean that this, and other working arrangements, need to be addressed in future wages and conditions negotiations. Whether it was a condition
PSA General Secretary Jan McMahon being interviewed
Retention Vital Retention of Public Sector employees is shaping up to be a big issue in coming months and years.
Regular public attacks by partisan segments of the business community against PS job numbers completely miss the point.
The PSA has already flagged with Government that more must be done to avert a looming crisis amidst altered economic conditions and demands.
The reality is our PS employees are ageing, as is our entire population, while at the same time there is a projected massive growth in population.
During wages and conditions negotiations, meetings with Ministers and in the lead up to the next State Budget, the PSA will continue to highlight this vital issue.
Competition for staff is already very brisk. It will increase dramatically in coming years as major infrastructure and mining projects come on stream.
Any employer, planning for the future, must make sure that there will be enough people to cope with change and expansion. Wise employers have proper retention policies in place. Those who now urge the Government to cut its workforce will be among the first the cry out when a lack of adequate retention policy results in an inability of Government to provide services and infrastructure in future. “Without taking some rapid steps we will continue to see a drain of professional and
valuable staff from the Public Sector into the private sector or retirement. “We are already struggling to attract people to work for Government. Regular media attacks against Public Sector workers as well as budget and condition cutting, is not helping to reverse that.” In defence of the Public Sector following a string of media reports calling, again, for a slashing of jobs, Ms McMahon wrote a column for The Advertiser. Prominently placed, with photographs from recent protest actions, the article pointed out where the true crisis in Public Sector employment lies. “There is a crisis in Public Sector employment. In fact there are two,” the column stated.
HIGH COURT BATTLE
FRONTLINE MEETING FOR MINISTER
PSA MEMBER IN AUSTRALIA DAY HONOURS LIST
PSA Review Feb 2012 34143.indd 1
or benefit of employment really doesn’t change the fact that members are now out of pocket because of the actions of their employer. That clearly is against the spirit of negotiations and agreements. Apart from the actual issue dealt with by the Court, the health system will now have to deal with related issues if it wants to be an employer of choice. Retention of staff is going to be even more critical in future, as hospital staff not only suffer a pay reduction, but many shift workers walk dark streets as they travel to and from their vehicles parked off site to avoid the new charges. The Chief Executive, Department of Health, has advised that no steps would be taken at present to introduce or increase fees pending the appeal outcome Health has reserved its right to change this if the appeal can not be heard expeditiously.
Continued on page 3.....
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PUBLIC SECTOR REVIEW JANUARY 2012
NEW YEAR, NEW CAMPAIGN
IT’S TIME TO STOP BASHING THE PUBLIC SECTOR
By Jan McMahon By Lindsay Oxlad
he Public Service Association’s dedication to campaigning for better wages and conditions for its members returns with renewed vigour in 2012. After a very successful ‘Hold this Government to Account’ campaign the PSA is geared up for a new and vitally important campaign - one focused on wages, conditions and job security. Building upon things we have been able to achieve to date, and the positive developments we have been able to drive on behalf of our members, the PSA will continue to be focused on resolving a number of issues of importance to you. The current Parity agreement expires on 30 June 2012 and planning for the next agreement has been underway for months. Contrary to what some may think, pay rises, improved conditions of employment and classification structures are not automatically reviewed in order to recognise and reward employees. They are the result of PSA claims, negotiations and campaigns which ultimately become enshrined in enterprise bargaining agreements. Prior to every wages campaign the Public Service Association embarks on extensive consultation, research and planning in order to get the best possible result on behalf of members. Whether it is a wage increase with universal application or a schedule for a particular group of members, it is a responsibility the PSA takes very seriously. One of the most impressive outcomes over the years has been the development of a single agreement. Many members would recall how prior to the Parity agreement being negotiated, enterprise bargaining was conducted on an agency level. This effectively meant that agencies that were well organised with strong PSA membership or had groups or professions with strong bargaining power, often ended up with better results. Health was one agency in particular that lagged a long way behind others in terms of pay rates and the PSA was instrumental in the significant catch up payment of under the first Parity agreement. A single agreement has addressed a number of these inequities and provided a strong platform for PSA members to negotiate from. It has ensured that members doing the same work receive the same pay, irrespective of which Agency they work for. This time as we begin negotiations, although we have seen a marked improvement in the relationship with the Government (the employer), we cannot and will not be complacent. I have been pleased to report to members the positive and constructive discussions
The recent spate of shock horror newspaper articles attacking the public sector and the associated chest thumping by the self appointed (mean spirited) “experts” (much favored by the media) are not only offensive and degrading to public sector workers but are just plain wrong. Do government agencies know exactly how many public servant they employ? Of course they do. Just like any other South Australian employer, they know exactly how many people are on their payroll, who they are, what they do, how many hours they work and what it costs in wages and salaries to employ them. It’s a fiction to claim otherwise. More so when one remembers that every year each agency is audited thoroughly by the Auditor General who in turn reports to Parliament. It is equally nonsense to claim that the public sector is overstaffed and needs to be “downsized” by getting rid of so called “back office” staff or “bureaucrats”. The public sector is not comprised of “public facing” staff who are vital to the functioning of government and “back office” staff and “bureaucrats” who are not. In reality both are vital components of the whole machinery of government and work as an integrated team providing services to the community under often difficult circumstances. The business of government is not as simplistic as some self appointed media “experts” claim. The size of the public sector always reflects community demands and is directly correlated to population growth, the health of the State’s economy and the demands of the community for health, welfare and social services as well as the legislative demands set down by Parliament. The so called “back office” staff and “bureaucrats” include people with a wide range of roles and responsibilities. For example they include: Social workers, psychologists , youth workers and administrative officers who help people suffering from domestic violence, child abuse, mental illness, a disability, homelessness, age and infirmity and those marginalized by society; Engineers, technical officers, property valuers, project managers who plan, design
and build the bridges, roads, ports and other infrastructure that is important in supporting business and industry, importers and exporters, farmers, miners and manufacturers and the State economy generally; Finance officers, economists and accountants in central agencies like Treasury who not only manage the State Budget and the finances of government but also take the lead role in negotiations with the Federal Government to ensure that SA receives its fair share of Commonwealth taxation revenue (e.g. GST, State Grants, road, health, housing and welfare funding and special grants, etc). School service officers who support our teachers and students as well as ensuring the smooth running of schools; Medical scientists, other allied health professionals and ward clerks who not only support our doctors and nurses but also provide critically important pathology and other services vital for patient care and clinical treatment; Correctional Service officers and youth workers who not only manage our prisons and juvenile detention centers but are also responsible for the rehabilitation of prisoners so that they can be released safely back into society; Safework SA, industrial relations, fisheries, traffic, vehicle, health, environmental and many other inspectors who not only ensure that employers and businesses comply with the law but also that public safety and the welfare of the community are protected; Finance officers, accountants and administrative officers in every government agency who not only make sure that the bills from suppliers and contractors are paid promptly but also ensure that agency finances are properly managed and accounted for. The list goes on and on. In short the so call “back office” staff or “bureaucrats” who operate diligently out of the public gaze are far from being a burden on society. They are real people doing real jobs that benefit the community at large and allow the government to function properly. It is about time that the self appointed experts and political commentators stopped attacking public sector workers. Instead a simple “Thank You” would be nice!!
The Public Sector REVIEW is an official publication of the Public Service Association of SA Inc and the Community & Public Sector Union (SPSF Group) SA Branch. Comments, letters and editorial material to: ‘The Editor,’ Public Sector Review Level 5, 122 Pirie Street, Adelaide, SA 5000. Selected articles are published electronically on the PSA Website at www.cpsu.asn.au/sa Tel: (08) 8205 3200 Fax: (08) 8223 6509 Toll-free: 1800 811 457 Email: firstname.lastname@example.org Printed on partially recycled paper with biodegradable soy-based inks by Cadillac Printing, 64 Kincaid Ave, North Plympton, SA. The Public Sector Review’s official publication number is PP565001/0010. This edition is Volume 46, number 1. Responsibility for political content in this publication is taken by Peter Christopher, Editor.
PSA Review Feb 2012 34143.indd 2
we have had with the Premier, the Treasurer and a number of Government Ministers. There is no doubt these have contributed to a better understanding of public sector issues. It is this type of comprehension that led to the reinstatement of annual leave loading, a recommitment to job security for the current term of Government, and a recognition that something needs to be done to address retention of skilled employees in the public sector and to better manage excess employees. However, it is apparent there are many armchair critics, often those outside looking in, who are quick to jump on the ill-informed bandwagon, arguing the size of the public sector is too large, and that tenure poses a serious threat to our economy. On numerous occasions the PSA has publicly put the story straight on both these counts and I assure you we will continue to do so. Again I challenge anyone making these loose claims to spend a week with Child Protection Officers, in a busy Emergency department of one of our hospitals or in our overstretched Justice system. As we negotiate for a fair and reasonable enterprise agreement, those critics will again emerge. Our challenge is to stand together, and stand strong and proud of our vital contribution to service delivery in the community. Our campaigning efforts over the Foley budget cuts demonstrated just how much we can achieve. The relevance of unions was clearly on display when conditions of employment were threatened. During that campaign, members actively participated in a multitude of ways. It was inspiring to see. It’s time again to become involved, attend meetings, provide feedback, talk to your colleagues, make sure you have a worksite representative and that the PSA is visible at your workplace. Our campaign is as strong as every member and every worksite in the public sector. Whilst it is still early days, we were pleased to receive correspondence from Industrial Relations Minister the Hon Russell Wortley MLC in response to a letter from the PSA on what we consider to be key threshold issues. These included recognising the importance of maintaining a single agreement, ensuring the enforceability of an agreement, and an acknowledgement of the importance of job security to PSA members. This is encouraging as we start negotiations, but we cannot take anything for granted. We must take heed from past campaigns and again ensure we do everything possible to deliver our shared success.
Vision Statement THE PSA WILL ACHIEVE THIS BY: • ensuring job security for members • membership involvement
The PSA will be a dynamic organisation focused on the needs and aspirations of its members throughout South Australia as the principal trade union representing workers who provide community services to South Australians.
• effective management supported by trained professional staff • continual improvement of its operations • improvement of members’ wages and working conditions • provision of industrial support and other valued benefits to members • promotion of the vital role of the public sector in the economy and community.
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PUBLIC SECTOR REVIEW JANUARY 2012 P3
Retention Vital Continued from page 1.....
“The first crisis is the ongoing fall of Public Sector employees amidst a growth in population. “Over the past 20 years the percentage of Public Sector workers compared to total population has been in free fall, dropping from 18.1 per cent to 12.6 per cent. “We have far fewer people, proportionally, providing far more services than ever before. “The second crisis is looming ever closer brought about by our ageing population. “The Public Sector workforce is generally older than the private sector workforce. A huge number of them, the “baby boomers”, are now reaching retirement age. “They, along with tens of thousands of others employed in the private sector, will soon retire and enter the category of people needing more public services to survive – the retired and elderly. “Who will serve them? Where are the efforts, not to slash and burn the Public Sector, but to recruit and retain the vital staff we need to get things done? “Repeated Public Sector bashing does little to improve the desire of people to serve this State – often for less money and under greater duress than that offered by the private sector. “We need to value our Public Sector workers, recognise their work and contributions to our society, not continually lump them into a faceless group which is an easy target for headlines or notoriety. “The truth is we still have many dedicated people working every day on behalf of our State. To repeatedly berate them with no recognition of their efforts does not make sense. “We need these people. They look after our elderly, our abused, our lost children, our homeless, our sick and dying. They maintain our roads, our national parks and public services. They keep us safe. They deal with our State’s most dangerous people. They help us when we need it most. “I know them as individuals who work hard often under extraordinary circumstances to do their best. I thank them for their efforts. Perhaps more of us should.”
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P4 PUBLIC SECTOR REVIEW JANUARY 2012
High Court Summary The Full Court of the High Court prepares a detailed summary before the hearing of each case. It lists the Counsel for the Applicants and Respondents and provides a brief description. Its summary of the PSA’s case against the State Government stated: “The Public Service Association of South Australia (PSA) wrote to the Industrial Relations Commission of South Australia (the Commission) in October 2010 notifying it of two disputes. The first dispute related to “security of employment for Public Sector employees”. The second dispute related to “entitlements for Public Sector employees in respect of both recreation leave loading and long service leave entitlements”. In each case the PSA requested the calling of a conference under s 200 of the Fair Work Act 1994 (SA) (the Act). Commissioner McMahon declined to make any order, holding that the Commission had no jurisdiction. The PSA appealed to the Full Commission, which held in each case that there was no industrial dispute about an industrial matter,
and that the Commission did not have jurisdiction: The PSA then issued proceedings in the Supreme Court of South Australia, by way of judicial review, seeking an order quashing the decision of the Full Commission. The Full Supreme Court dismissed the application on the ground that it lacked jurisdiction to make the orders sought. The Court relied on s 206 of the Act which provides: • A determination of the Commission is final and may only be challenged, appealed against or reviewed as provided by this Act; • However, a determination of the Commission may be challenged before the Full Supreme Court on the ground of an excess or want of jurisdiction. The Court applied the decision of this Court in Public Service Association of South Australia v Federated Clerks’ Union of Australia, South Australian Branch (1991) 173 CLR 132 (PSA case). The PSA submitted that the decision of this Court in Kirk v Industrial Court of New South Wales (2010) 239 CLR 531 meant that the PSA case was no longer good law, because the
effect of Kirk was that s 206 of the Act could not exclude judicial review by the Supreme Court of a decision affected by jurisdictional error. While recognising the force of that submission, the Full Supreme Court considered that it was not open to the Supreme Court to hold that the decision in the PSA case had been reversed by Kirk. Only the High Court could take that step. The PSA submitted that ss 206(2) applied in this case because the Full Commission mistakenly denied the existence of jurisdiction and had no jurisdiction to dismiss the appeal. The Full Court held that to accept that submission would be to undermine the distinction drawn by the High Court in the PSA case. A failure or refusal to entertain an appeal, based on an erroneous conclusion that there is no jurisdiction to entertain the appeal, will usually result in an order either striking out or dismissing the appeal. To say that the making of that order changes the decision from a decision involving a failure to exercise jurisdiction to a decision involving an excess of jurisdiction is to deny the very distinction that the High Court drew in the
PSA case. In this case, the Full Commission merely failed to exercise its jurisdiction. The decision that it made could not be challenged. The application for special leave was, on 8 June 2011, referred to an enlarged bench. The PSA has given notice that this proceeding involves a matter arising under the Constitution within the meaning of s 78B of the Judiciary Act 1903. The Attorneys-General of the Commonwealth, South Australia, Victoria, Western Australia, Queensland and Tasmania are intervening in this application. The questions of law said to justify a grant of special leave to appeal include: * Does the privative provision constituted by s 206 of the Fair Work Act 1994 (SA) preclude judicial review by the Supreme Court of South Australia of jurisdictional error and encompassed by the phrase “in excess or want of jurisdiction”; * If so is such section beyond the scope of the South Australian Parliament?”
P Nev Me reco sign
High Court Battle The Full Court of the High Court is now considering the PSA’s legal challenge to the State Government’s attack on worker’s rights and entitlements. The battle was triggered in September 2010 when former Treasurer Kevin Foley announced in his Budget that he would slash long service leave and other entitlements. These entitlements had been predicted in negotiations only months before in the creation of an Enterprise Agreement. The Government, under the previous leadership team, then legislated the changes amidst scenes of hostile dissent and ongoing protests.
The PSA’s campaign to protect its members has been multi-pronged, involving public demonstrations, advertising campaigns, online information and campaigning, lobbying and strong involvement with other unions. PSA Council determined to use all available avenues to provide redress for members. That fight to restore conditions protected in an Enterprise Agreement began in the Industrial Relations Commission of South Australia. It has since been to the Supreme Court and now is in the hands of the Full Court of the High Court. The PSA case was put by Mr Paul Heywood-Smith QC, assisted by PSA's Legal
From Left: Martin Hynes (Moloney & Partners), Peter Christopher, Peter Moloney, Jan McMahon, Paul Heywood Smith QC & Lindsay Oxlad at High Court
Peter Christopher, Jan McMahon & Lindsay Oxlad inside High Court
PSA Review Feb 2012 34143.indd 4
Counsel Peter Moloney. The Commonwealth Government intervened in support of the PSA's application. The campaign gained national attention and the outcome of this case is important constitutionally. PSA General Secretary Jan McMahon, President Lindsay Oxlad and Chief Industrial Officer Peter Christopher attended the High Court hearing in Canberra in November last year. “PSA is the only union which has had the capacity, resources, willingness, ability and substance to run such a case and protect our members.”
It is not unusual for High Court deliberations to take six months or longer for a decision to be delivered, particularly in view of the constitutional complexities the court is required to deal with. It is important to recognise that if the High Court rules in PSA's favour that this will not automatically result in a restoration of Long Service Leave. The effect of any High Court decision will be to allow the Supreme Court of SA and the Industrial Relations Commission of SA to hear PSA's claim that the protection of conditions within the Parity Enterprise Agreement were breached.
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PUBLIC SECTOR REVIEW JANUARY 2012 P5
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Life Membership for Nev Kitchin PSA Assistant General Secretary Nev Kitchin has been awarded Life Membership of the Association in recognition of his many years of significant contribution. He is the 113th person in 105 years to be awarded the honour.
Neville's involvement in the PSA began as an elected Worksite Representative, then elected Health and Safety representative, PSA Council member, PSA executive member then Assistant General Secretary. He began his Public Sector
career as a Police Officer in the Adelaide and Port Augusta regions and working as a Police Prosecutor. He also worked with the Department of Public and Consumer affairs as an Investigator; as a Youth worker and with the Department of
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Neville had 10 years’ experience as a Housing Manager/Recovery Officer for the South Australian Housing Trust working in Port Augusta, Port Pirie and Port Adelaide. He is a former chairperson of the SAHT/PSA Worksite Representatives committee and a graduate of the Australian Institute of Company Directors. Neville's role within the PSA includes serving on numerous committees and Tribunals.
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In February of 2011 Neville was appointed by the Minister to the Supported Residential Facilities Advisory Committee. "The PSA has afforded me a unique career path involving a diversity of opportunities and roles for which I will always be grateful,” he said.
From Left: President Lindsay Oxlad, Generla Secretary Jan McMahon, Assistant General Secretary Nev Kitchin, Vice-Presidents Stephen Callaghan & Lesley Hughes
“Without question the highlights continue to be working with Individual PSA members covering a wide range of Industrial matters, helping the General Secretary and our fellow councillors manage the day to day operations of our Association and pursuing the overall objectives of maintaining, protecting, and enhancing the working conditions and entitlements of all fellow PSA members."
Budget Battle Begins The December mid-year budget review (MYBR) contained few surprises and little to concern members. The main features of the MYBR included: no announcement of further Public Sector job losses; increased agency expenditure of $98.8 million between 2011-12 and 2014-15, most of which is scheduled for 2012-13; a decision not to proceed with the ICT component of Shared Services saving $6.3 million; a higher, but still modest, net State debt, which is now estimated to be $5 billion by 2014-15.
PSA Review Feb 2012 34143.indd 5
“No further Public Sector job losses was a welcome development.” “In addition the MYBR appears to reflect a shift away from the approach that was the hallmark of the more belligerent Budgets of the past. “The MYBR included measures that acknowledged poorly considered decisions from previous Budgets and initiatives to remedy those mistakes. These include the move to not add ICT to the discredited Shared Services project and the decision to reintroduce
the Family and Community Development Program. “The MYBR also marked a departure from Labor's previous preoccupation with the AAA credit rating at any cost to a more nuanced budgetary approach. While long overdue this to is a welcome development.” In preparation for the next State Budget the PSA will be reminding Government that a growing population in our State needs to be matched with a growth in services.
Research has been commissioned as part of the PSA pre-Budget submission to Government which will examine, inter alia: the proper role of Government; the need to ensure growth in services to match a growth in population; the false economy of cutting “back room” staff and dumping additional administrative work on others. The Research will also aim to put a value on the true cost to Government from the ongoing loss of corporate knowledge caused by ongoing cost cutting and job shedding.
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PUBLIC SECTOR REVIEW JANUARY 2012
Frontline Meeting I for Minister
The PSA recently hosted a series of sessions between frontline staff and the Minister for Education and Child Development, the Hon Grace Portolesi. On January 31, Ms Portolesi attended the PSA offices and met with representatives of various frontline professions who now work under her altered portfolio. These included School Services Officers (SSOs), speech pathologists, social workers, child protection and youth workers. These information and feedback sessions to the Minister were sparked during previous meetings with the PSA. In those meetings, Ms Portolesi indicated her interest in meeting people who do the work in her portfolio and who directly interface with clients. The PSA applauds this spirit of interaction and willingly arranged meetings for Ms Portolesi so she could hear firsthand the difficulties faced by members working within her Department. The PSA hopes to arrange other such meetings between members and Ministers for other Departments to ensure they have access to the first hand realities of their workplaces.
President Lindsay Oxlad, General Secretary Jan McMahon & Minister Portolesi with Allied Heath Professionals
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Jan McMahon, Minister Portolesi & PSA Councillors Margaret Tonkin, Monte Leverington with School Services Officers
Ministerial Meeting Senior PSA Officials have met with the Minister for Communities and Social Inclusion, the Hon Ian Hunter to raise significant concerns. The PSA was represented by General Secretary Jan McMahon, Vice Presidents Lesley Burford and Steve Callaghan and Chief Industrial Officer Peter Christopher. The meeting was an opportunity to discuss a number of key issues with the Minister, including;
PSA Review Feb 2012 34143.indd 6
New Youth Training Centre The PSA welcomed the decision to build a new centre but raised concerns regarding its design and ongoing consultation regarding its proposed operation and staffing.
The PSA raised both Housing and staffing related issues. In respect to Housing the Minister indicated that he did not want to reduce current holdings, and that if sales
occurred some positive offsets could be necessary. In respect to staffing matters PSA identified safety concerns with staff being expected to conduct visits alone, and also with Voluntary Flexible Working Arrangements being discouraged at a local level, resulting in members often not applying for revised working arrangements.
Disability Services and Domiciliary Care PSA identified resourcing issues and loss of administrative support resulting in professional staff undertaking administrative functions. The Minster agreed to future regular meetings with the PSA.
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PUBLIC SECTOR REVIEW JANUARY 2012 P7
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PSA Worksite Reps meeting
Broken promises in the past and a severe breach of faith in the negotiation process are front of mind as the PSA begins negotiations for its 2012 Wages and Conditions claim.
d loss of
statement from the Minister for Industrial Relations the Hon Russell Wortley.
This has been made very plain to the Government’s leadership team in numerous meetings and negotiations with leaders and Ministers.
In a letter to the PSA on January 17 this year – the same day the Government received the PSA’s Wages and Conditions Claim, Mr Wortley goes some way towards providing a guarantee that the sins of the past will not be repeated.
This has already resulted in some more enlightened statements and actions by the new leadership team.
The PSA will never again allow a Government to breach an Agreement in the appalling and high-handed manner of 2010.
Among them is a Cabinet-endorsed
PSA will ensure that agreements are
enforceable and cannot be overturned by an employer using unprecedented legislative means to shatter a fairly negotiated Agreement. In his letter, Mr Wortley says: “Enterprise Bargaining is obviously about negotiating remuneration and conditions that may be included in an agreement, and there is no intention to introduce legislation that would have the effect of diminishing a condition of employment.” He also confirms in principle that “any agreement reached should be enforceable, and
include a process to provide a remedy for any breach of the agreement”. “Any agreement reached between the PSA and Government on behalf of members will clearly spell out as a base requirement that the Government cannot subsequently change the rules,” PSA General Secretary Jan McMahon said. “I think it is clear, that those 2010 acts were unacceptable and extremely damaging. “We expect that damage to be rectified and repaired in future negotiations.”
Wages and Conditions Negotiations Begin The current Enterprise Agreement between Government and members is due to expire this year. That Agreement, and the relationship between the two parties, came under extreme duress due to the acts of the previous Labor Government leadership team. Their acts to unilaterally erode and erase core worker entitlements and conditions resulted in an unprecedented uproar and breakdown in good faith. With a new Government leadership team in place, the PSA is now beginning the painstaking journey towards a new deal for members.
PSA Review Feb 2012 34143.indd 7
Recent positive behavioural changes and improved professionalism amongst the new leadership team gives the PSA some belief that an agreement may be made which is both fair and binding. Towards this end, the PSA presented the Chief Executive of the Department of the Premier and Cabinet with a Wages and Conditions Claim on January 17 this year. This claim is a basis for a new Enterprise Agreement and is an outline of matters needing intensive negotiation during this year. The claim states: “PSA seeks an outcome in an Enterprise
Agreement which as a total package provides worthwhile benefits to members including: • A fair and reasonable salary increase for all members; • Protection of existing conditions; • Job security; • Improvements to conditions and allowances; • Agency/classification specific schedules to deal with particular requirements; • Better workload protection; • Improvements to classifications and increments; • A no extra claims clause which allows
for PSA to pursue additional claims in the event that Government or its agents breach the terms of the Agreement.” The PSA will further develop the claim in the course of negotiations, but as lodged it is sufficiently broad to cover members' needs. As the negotiation process gets under way PSA will continue to invite members' views. A threshold matter is the enforceability of any new Agreement, and remedies if the Agreement is again breached by Government. The formal start of the negotiation process will occur on 29 February, when a Single Bargaining Centre meeting takes place.
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PUBLIC SECTOR REVIEW JANUARY 2012
Shared Services Visit In a significant thawing of the working relationship, the PSA leadership team was finally granted access to the offices of Shared Services recently. Such access has been denied throughout the existence of that Department with a level of defensiveness shown by management to the union which has reflected its management of staff. The breakthrough came at the hands of the new Minister in charge of Shared Services – the Hon Michael O’Brien, Minister for the Public Sector and Minister of Finance. Mr O’Brien invited the PSA to visit the offices with him in an act of goodwill which cannot fail to be understood. The PSA also acknowledges Mr O’Brien’s personal intervention in this long-running dispute between management and staff and their representative union.
This will go some way towards opening negotiations about significant concerns members have amidst difficult and severe restrictions on PSA visits to members at their workplace. The PSA will continue work to overcome and resolve these issues on behalf of members. While the PSA remains firmly of the opinion that Shared Services is, by all measurements, an abject failure, it is our responsibility to protect members caught up in the machinery of this system. The PSA believes the Government will ultimately realise, as several other Governments in Australia have, that the Shared Services model will not work and will dump it. Until that time, the PSA will provide as much protection as it can to members.
From Left: President Lindsay Oxlad, Jan McMahon, PSA Councillor David Sharrad, Minister O'Brien & Worksite Rep Lesley Kornetzke.
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PUBLIC SECTOR REVIEW JANUARY 2012 P9
PSA commissions University of Adelaide study on public investment - here is a taste of what the AISR team led by Associate Professor Spoehr are working on Australian state governments have become overly concerned with minimising the use of debt for fear of losing a high credit rating. This focus on the maintenance of credit ratings has tended to displace a more systematic analysis of the benefits and costs of infrastructure spending and obscured the significant economic and social returns that welldirected infrastructure investment generates. One consequence of this has been significant underinvestment by government in physical and social infrastructure. This generates a number of risks including slower productivity and economic growth than might have otherwise been the case. It could also be argued that under investment in public infrastructure generates political risk as consequence of rising community dissatisfaction with ageing or inadequate infrastructure. Whilst it is true that incurring debt creates risks for governments as well as demands on revenue from future tax receipts, offsetting these are the positive returns on investments that can be undertaken by governments. Over the past three decades or so, governments around the world have divested themselves of a range of public assets and activities. Management and provision has been passed onto the private sector through contracting out and asset sales . While the role of government and the individual as taxpayer might seem to be diminished as a result of these arrangements, government and individuals continue to pay, albeit indirectly through payments to private providers in the case of outsourcing or though rising prices. While responsibility for the management and delivery of a great deal of government activity has been transferred to the private sector, a wide range of goods and services
remain in the domain of government and require public investment to function effectively. Investment in physical infrastructure such as transport and utility infrastructure has clear economic benefits in terms of productivity, economic activity and growth. Whilst in the short run, public investment has a negative impact on the government’s fiscal position, this position will be reversed over the long term, where productive public investment leads to improved economic and productivity outcomes that flow through to activity increased tax revenue. Investment in social infrastructure that produces superior outcomes in, for example, education and health also produces economic benefits that can improve productivity and growth as well as addressing a range of social concerns. It is also likely that improved social infrastructure will encourage population growth particularly in the context of tight labour markets and high labour mobility within Australia. There is therefore a need to consider in a more balanced assessment the implications and desirability of public investment and the policy issues arising from the use of public debt generally. It should also be emphasised that a rational and transparent approach to public debtfunded investment is an important input for the determinations of credit rating agencies. These agencies are primarily concerned with the ability of governments to service public debt into the longer term, rather than the level of the debt per se. Associate Professor John Spoehr, Executive Director of Australian Institute for Social Research, The University of Adelaide Associate Professor John Spoehr
Casual Loading Rise PSA members employed as casuals will have a boost in pay following negotiations by the PSA. The Industrial Relations Commission awarded a rise in casual loading after a PSA application in conjunction with SA Unions. The loading rose from its former level of 20% to 22% on January 1 this
PSA Review Feb 2012 34143.indd 9
year and will increase incrementally to 25% by July 1, 2014. In its submission to the IRC the PSA emphasised that the 20% loading was originally set to compensate for annual leave, sick leave and paid public holidays. The PSA noted additional benefits had since been won by full time members including paid maternity leave and special
leave without pay and loading for casual workers should be increased as a result. The State Government agreed with the application to increase the loading to 25% and the phasing in arrangements. The IRC judgement was handed down on January 11.
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P10 PUBLIC SECTOR REVIEW JANUARY 2012
PSA MEMBER IN AUSTRALIA DAY HONOURS LIST Ms Elizabeth Ho, a member of the PSA for almost 40 years, was awarded the Medal of the Order of Australia in the 2012 Australia Day's Honours. The Award was in recognition of Ms Ho's service to education through the Bob Hawke Prime Ministerial Centre at the University of South Australia and to women. The Bob Hawke Prime Ministerial Centre honours the contribution of South Australia's only Prime Minister, The Hon Bob Hawke AC
and provides the community with free access to expert knowledge and information on topics ranging from the environment to human rights. International patron, Nelson Mandela has personally endorsed the Centre’s values “strengthening our democracy, celebrating our diversity and building our future.” Ms Ho has been Director of the Centre since 1999. Elizabeth has played influential roles in a wide variety of community, cultural and
academic bodies including the Institute of Public Administration Australia, the State Heritage Authority and the Migrant Resource Centre of South Australia. She previously worked in the State Library of South Australia and the Education Department. In 2009 she was added to the SA Women's Honour Roll for services to public learning and on 18 January of this year, Ms Ho was announced by the Prime Minister as a "People of Australia Ambassador', one of only 5 from South Australia.
PSA Member Liz Ho
Piano - T
Harmonising Workplace Health and Safety Laws? by Doctor Kevin Purse
In August 2008 the federal, state, and territory governments signed up to an agreement to 'harmonise' Australia's workplace health and safety laws. In May 2009 they agreed model WHS legislation should be drafted, enacted and in place in all Australian jurisdictions by no later than January 2012. The model WHS legislation largely reflects existing arrangements associated with the Robens' style legislation which has operated in Australia over the last three decades. In broad terms, this type of legislation imposes a duty of care obligation on employers to take all reasonably practical steps to provide a safe and healthy working environment along with safe systems of work for their workers. Other duty holders include contractors and workers. It also makes provision for worker involvement in WHS decision making through elected Health and Safety Representatives (HSRs) and Health and Safety Committees as well as workplace inspections and enforcement by WHS regulators, such as SafeWork SA. There are, however, some new features contained in the model legislation. One significant change involves the introduction of a new, broader, category of duty holder - a person conducting a business or undertaking, or PCBU. Historically, in WHS law the primary duty of care obligation has been based on the employment relationship. However, the changing nature of work in recent decades has meant that an increasing proportion of people, in effect, often carry out their work under the direction of parties other than their employer. Labour hire arrangements and megaconstruction projects in the mining industry are among the more obvious examples of this trend. Although rather clunky, the PCBU category seeks to enshrine the primary duty of care obligation on those that create the risks and direct the work, irrespective of the employment relationship. For most workers, there will be no change under the model legislation their employers will simply become PCBUs. But for others, engaged under non-standard working arrangements, there should be greater legal protection, provided the legislation is effectively enforced.
PSA Review Feb 2012 34143.indd 10
Another new feature is a right of entry (ROE) provision to enable union representatives to access workplaces to assist workers and HSRs in dealing with WHS issues. As with wages and other working conditions there is a positive 'union effect' in relation to workplace health and safety. Unions have traditionally played a pivotal role in improving Australia's WHS laws. New or more effective regulations have also resulted from union activity. This includes the introduction of manual handling regulations, tighter exposure standards for workplace chemicals and the 2003 decision to ban asbestos. There is also evidence that unionised workplaces are safer than their nonunion counterparts. One other particularly important change involves proposed step-ups in penalties for WHS violations to increase the level of deterrence. In South Australia the maximum penalty is currently $300,000, for a first offence. Under the changes proposed there are three categories of offence, with the most serious attracting a maximum fine of $3 million for corporate offenders. The State of Play The federal, New South Wales, Queensland, ACT and Northern Territory governments have all passed model WHS legislation. Although not identical the new laws are, for the most part, consistent with the harmonisation objective. In Tasmania the legislation is due to be debated further once parliament resumes, while in Victoria and Western Australia the Liberal/National governments have indicated that legislation is unlikely to be introduced any time soon. The situation in South Australia is also under a cloud. Although introduced in the Legislative Council during November 2011, debate on the Work Health and Safety Bill was stalled in December as a result of the Opposition not supporting crucial aspects of the Bill. Key areas of contention include the Bill's PCBU provisions and the ROE proposals. Concerns over the PCBU provisions are misplaced in that the current legislation has similar provisions but in a different form. The proposed changes simply seek to consolidate these otherwise disparate obligations under the
one heading. More controversial are the ROE provisions, which have been depicted as a naked 'power' grab that would inevitably result in widespread union 'abuses'. The facts, however, suggest otherwise. Fair Work Australia figures indicate there were over 2,500 applications across Australia by unions for ROE permits in the first two years of the Fair Work Act's operation. Only 1 permit was revoked during this entire period. This suggests that opposition to the
ROE provisions may have more to do with political posturing and anti-union ideology than the evidence . The Bill is expected back in parliament in mid February. Its fate will be determined by the votes of the minor parties and the independents. This means trade unions and the broader progressive community will need to press home the case for workers' rights with even greater vigour.
Feeding the Machine Extensive changes to the Machinery of Government (MOG) – who does what for whom, how – are presenting some challenges for members. With so many changes in such a short period of time, reporting boundaries, roles and responsibilities inevitably become blurred. The PSA is working to ensure no members fall through the gaps in the process. Many of the changes in departmental structure and Ministerial overview appear to be sensible and practical, at least in theory. How they apply in the real world will be the test. Among the alphabet soup of changes being overseen by the PSA, in conjunction with Worksite Representatives are: Department for Transport Energy & Infrastructure (DTEI) is now called Department of Planning, Transport and Infrastructure (DPTI). Service SA, responsible for licensing and registration, was transferred to the Department of Premier & Cabinet. The biggest changes occurred to the Department for Families & Communities (DFC), now called Department for Communities & Social Inclusion (DCSI).
The Office for Youth, Office for Women, Office for Volunteers, Office of the North, Office of the South and Multicultural SA were all transferred to DCSI. Ageing Policy workers and the Adelaide Aged Care Assessment team were transferred to Department for Health. Families SA, with the exception of Youth Justice, was transferred to the new Department for Education & Child Development (DECD) to meet the new strategic focus on child protection and early intervention. Members who provide child specific services from the Children, Youth & Women’s Health Service also report to the new Minister responsible for Child Development. Throughout this process PSA officials have been and will continue to meet with DCSI, DPTI, Health and DECD representatives to ensure that members will not be disadvantaged or lose entitlements when transitioning to their new department. Meetings are also being held with the Commissioner for Public Sector Employment, who has oversight of the changes. Members with any concerns are encouraged to contact their worksite rep.
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PUBLIC SECTOR REVIEW JANUARY 2012 P11
FOR SALE For Sale - Mazda 626, 1998, Manual. 180,000 kms. Registered until Nov. 2011. Excellent condition, brand new battery, good tyres, economical. $3,200.00 o.n.o. Phone Gayle 0488644495 For Sale - Toyota Camry CSI Wagon, automatic 1994 model. 10 months registration. Excellent condition, complete service records. $3400 o.n.o. Contact Adrian or Therese on 0414 689 724.
with the oyment,
Moonta Bay Fully self-contained unit. Open plan living area, full sized kitchen, split system r/c a/c, colour TV, automatic washing machine, 2 bedrooms (sleeps 7 including sofa bed). Prices start from $80.00 per night. Phone 0403 959 809 Carickalinga - Stylish holiday home. 3 b/rs, 2 bathrooms, modern kitchen, r/c air conditioner. Fully furnished and equipped including dishwasher, TV/DVD, bbq. Located on Carickalinga Rise with panoramic coastal views. $170 p/n. Min 2 nights. Contact Cora Ann: 8357 0587 or 0439 800 978
For Sale - Yamaha RX-V3900 AV Receiver, 14 months old, excellent condition, original packaging. $1500 or make me an offer. Telephone Ian on 8277 8346, leave a message on the machine if no answer.
“Ocean Break” - Middleton - Centrally located at Middleton, is an inviting home with beautiful, bright beach style décor. It is close to Middle Point and other well known surfing and swimming beaches, bakery, tavern and general store. Fully self contained with almost every modern day amenity to ensure a carefree enjoyable stay. Features: 2 b/rms (sleeps 6), electric blankets, pillows, r/c a/c, colour tv/dvd/vcr radio/cd, microwave, stove, fridge/freezer, bbq & outdoor settings, fenced secure garden & car parking. Reasonable rates. Packages & vouchers available. Ph: 0403 271 015 or 8326 2619 or email email@example.com Victor Harbor - Smuggler’s Inn - Crozier St. Holiday Unit to Rent. 2 Bedroom - Double & twin single, Fully furnished, Air Conditioning, Television - DVD Player, Swimming pool, Breakfast kit included, 250m to Granite Island, 3.5Km to Endeavour Bay, Close to all facilities. For Further Inquiries or to make a Booking Call DIANNE on 0406 705 071 OR/ MICHELLE on 0414 088 301 Pricing From $100 per night (4 people) off Peak. **Prices subject to change during Easter long weekend Marion Bay Yorke Peninsula -Wywurry Beach House
Piano - Toyo (Japan) full dimension, iron frame upright, walnut satin finish. Superb condition $2750 o.n.o. Ph: 8353 2719 City Car Park for Sale - Space located in Cosmopolitan Car Park, North Terrace. $40,000 o.n.o. Ph: 8431 3441 Auscare Walker with seat, light weight, as new - $85 o.n.o
BLACK DOGZ SHACK
Contact Ton on Ph: 8255 7303 or 0437 249 777
The current featured property is located 98 Purnong-Mannum Road, approximately 20 minutes upstream from Mannum. This stunning river front residence with modern furniture through out is positioned right on the beautiful River Murray. In the heart of some of the best water skiing area of South Australia. Enjoy the beautiful views of the River Murray whilst enjoying the 2 level home. Top level features 4 bedrooms, 1 king, 2 queen and 1 double/single bunk, formal dinning, large lounge, fully equipped kitchen, bar area, main bathroom and ensuite in master bedroom. 2 plasma TV’s one in the lounge and the other in the master bedroom. Surround music system, R/C airconditioner and fire place for cozy winter nights. Upstairs has a beautiful outside deck entertainment area. It also features clear blinds when nights get cool and gas heating is available. Ground level features games room with 2 leather futon beds, Plasma T.V., air hockey/snooker table, soccer table and even a table tennis table. Laundry and bathroom. Also available are 2 single foldout beds if needed. This property also includes a fresh water system, BBQ facilities, paddle boat and 2 wave skis. Landscaped surrounds and plenty of undercover parking. This property sleeps up to 12 people. Applications subject to approval by landlord. Priced from $880 per night Minimum 2 night stay. Bond Applies. 3 bathrooms, 4 bedrooms (sleeps up to 12), Carport (fits 6 cars) FURTHER INQUIRIES: SUZIE PAGNOZZI 0414867420
Spanish Dancing Shoes, size 71/2 and Black Practice Skirt size 8-10 (all for $70.00). Alto Saxophone for $200.00. Ring Helen on 0401 120 632 anytime. Wedding Dress - Size 10, beaded bodice, satin to ground, low back, huge satin train inc, long sleeved, absolutely stunning gown. $25 o.n.o. Contact Sue on 84492368 Hills swing set with slide - $500 o.n.o. Just dismantle and it is all yours for hours of fun for you and your kiddies. Contact Ange Higgs 0434 074 674 (Gawler Area) REAL ESTATE Timeshare For Sale - 2 b/r apartment $3000 o.n.o. Call John on 0418 307 142 for further enquiries RENTAL ACCOMMODATION Work in Murray Bridge? Sick of commuting? This 1 b/r self contained unit is available for $90 p/w (unfurnished) or $120 p/w (furnished). Ring Jen on 0412037968 for more information.
THE AMBASSADOR CARD UPDATES 2012 Don’t forget you can use your card at Campbell’s Cash and Carry at North Plympton and Pooraka. Show your Membership Card to the checkout operator. Not valid for the purchase of liquor.
Call The Ambassador Card on 1300 724 477 and save 5% when pre-purchasing Gift Cards. Available in denominations of even 100s, maximum order per type of card $1,000. Gift cards should be treated as cash and cannot be replaced or cancelled. Postage & Handling $2.00 normal mail, $5.00 registered post (all orders $500 and over will be sent by registered mail).
Stylish three bedroom elevated pole frame beach house a few minutes walk to the long sandy beaches of Marion Bay and only five minutes to the walking trails of Innes National Park. Spacious open plan living with views over scrub, the salt lakes and Innes National Park. Quality modern furnishings and fittings throughout. Features include: Split system rc air con, 50 inch plasma TV, DVD / CD player/radio/ iPod dock, books, games, some CD’s and DVD’s provided. Flat screen TV main bedroom. Fully equipped kitchen, tea and coffee provided. Three double bedrooms, master bed ensuite 2 way bunk beds third bedroom. All beds have pillows, quilts with covers and blankets provided. Need to bring own sheets and towels. Gas BBQ, outdoor setting, native gardens and birdlife, Dual driveway access suit 2/3 cars and a boat. Marion Bay is a three hour drive from Adelaide along the scenic Yorke Peninsula. Very reasonable rates from $100 per night . July - September Special, stay 5 nights pay for 4. Contact JENNY on 0431 259 503 or email firstname.lastname@example.org.
DE-STRESS IN CHORD All you bathroom baritones and tenors out there who would like to develop those voices and sing a range of music from Gershwin to Opera choruses to modern musicals and be a part of a group of people who have been involved in this for one hundred and twenty years (not the same people by the way). Apart from the pleasure of developing a broader musical knowledge, it is a great de-stresser and an opportunity to be a part of a group of interesting people with a variety of different occupations and hobbies. The Adelaide Male Voice Choir is always trying to improve and build on its qualities to bring in new members, or even just friends of the Choir. If you feel you would like to be a part of the living history of our State or would like to just come in and experience a practice night, please ring one of the following phone numbers: 8270 2628 or 8332 1895.
ALTERATIONS Page 107: Rhinos Tavern Not valid specials. Remaining validation unchanged.
Page 15: Chelsea Cinema – no longer leased to Wallis Page 80: The Pavilion Restaurant
ADDITIONS Liquorland, Vintage Cellars, 1st Choice Superstore (1 combined card) has now been added to our gift card list. The following validation applies to all our gift card range.
specific Women’s Minister
als have h DCSI, tives to antaged to their
1055 South Road, Melrose Park 5039 Ph. (08) 8299 0096 Present your Membership Card at time of purchase to receive 15% rebate on all equipment, Not valid sale items.
INFO BY EMAIL
FEDERAL WEBSITE CPSU
www.cpsu-spsf.asn.au The federal office for State public servants, the CPU-SPSF (State Public Services Federation) has launched a new website, and all PSA members are encouraged to contribute material.
Increasingly, the PSA is providing information to members on industrial matters and other benefits via email. To ensure that you receive the very latest information, please let us know if your email address changes. Just send an email message to email@example.com with the details and your membership record will be updated.
PSA Review Feb 2012 34143.indd 11
The website has general interest areas, an online journal “The Public Interest”, a links page and specific sections for women, schools, higher education and corrective services. As well as being a useful site to ‘bookmark’, website co-ordinator Ryan Heath believes your views and experiences need to to be up in writing to make the site work. If you have anything from a book review to a campaign victory in your workplace to report, email: firstname.lastname@example.org.
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P12 PUBLIC SECTOR REVIEW JANUARY 2012
If you join a non-member in your area now using the forms below, they and you will qualify to be in a draw for a weekend each at a PSA/CPSU holiday home. P S A M E M B E R S H I P A P P L I C AT I O N F O R M
M E M B E R S H I P A P P L I C AT I O N F O R M
The Public Service Association of SA Inc
Methods of Payment Please complete one of the following sections
ABN 62 406 330 782
Community & Public Sector Union SA Branch (SPSF Group)
Direct Debit PSA subscriptions are 0.95% of your substantive base salary (plus GST) to a maximum of the AS05 rate and are tax-deductible. The appropriate Goods and Services Tax amount will also be deducted. Unless otherwise notified, direct debits occur on the first working day of each month. Below is the authorisation for your subscription to be paid by direct debit.
Personal details Title_____________________ Surname__________________________________________________________________ First name/s__________________________________________________________________________________________
To: The Manager
Name of Credit Union/Financial Institution_____________________________________________________________
Home phone________________________________ Gender__________________ Date of birth_______________
Address of Credit Union/Financial Institution___________________________________________________________
I/we request you, until further notice in writing, debit my/our account described in the schedule below, any amounts which the Public Service Association of SA Inc., Community and Public Sector Union, SA Branch (SPSF Group) may debit or charge me/us through the direct debit system.
I/we understand and acknowledge that the Credit Union/Financial Institution may in its absolute discretion determine: 1. The order of priority of payment by it of any money pursuant to this request or any authority or mandate. 2. At any time by notice in writing to me/us terminate this request as to further debits.
Work address________________________________________________________________________________________ Work phone________________________________________ Work fax_______________________________________ E-mail________________________________________________________________________________________________
Total hours worked per week______________________ Classification (eg ASO 2)_____________________
Member’s name _____________________________________________________________________________________
Annual salary_______________________________________ Referred by___________________________________
PSA Membership I hereby apply to join the Public Service Association of SA and agree to be bound by the rules.
CPSU Membership I hereby apply to join the Community and Public Sector Union, State Public Services Federation (SA Branch) and agree to be bound by the rules.
PSA/CPSU membership subscriptions may also be paid by cheque, money order or cash. If paying via this method, please make cheques and money orders payable to the PSA/CPSU. I wish to pay quarterly
I wish to pay half yearly
I wish to pay annually
I do / do not wish to receive a tax statement (please circle).
If you wish to pay by credit card on a monthly basis, please complete details below.
The PSA/CPSU is bound by the Privacy Amendment (Private Sector) Act 2000. Information is collected to enable the union to contact you about matters relating to your union membership and to ensure that we have the necessary information to represent your employment and related interests. A member can opt out of receiving such information by contacting the PSA/CPSU. The PSA/CPSU Privacy Statement is available from the union’s web site or by contacting the office.
Please mail your completed application form to: Reply Paid Number 5306, PSA/CPSU SA Branch, GPO Box 2170, Adelaide SA 5001 (no stamp required)
□□□□ □□□□ □□□□ □□□□
Cardholder’s name_________________________________________ Expiry date_______________ Card type
For any further information call the PSA on: (08) 8205 3200 or freecall 1800 811 457
PSA Training Program 2012 go to www.cpsu.asn.au/training PSA Review Dec 2010 32670.qxd:PSA
Review Review Review w e i v Re Trust
• Published six times a year
Review Decembe r
B E T R AY E
• Regular features • Travel and entertainment
Massive, history making demons of anger and trations frustration State Govern have ment’s betraya met the workers and l of its its community.
Governme nt Must be Held to Account
• News and views
PSA Review Feb 2012 34143.indd 12
Jan McMah on labeled this unprece attack as devastat dented ing for South families and Australian for public sector The largest workers. “This Governm demonstrations have been ent has broken in decades and betrayed seen as workers its word groups have said. “It must its workers,” Ms McMah vented their and community be held to account. Labor Governm on disgust at a State ent which has ” “Make no workers, its abandoned mistake, many community suffer as a people will and its principle its result of this Budget. The PSA s. equal service and its member Job cuts cuts. There spearheading s have been frontline this fight. services will is no way vital maintained. be able to From the very be when Treasure outset, on Septemb “These cuts er 16, r Foley made intentions to State’s finances are not necessar clear break y. Our are in good essential services promises, cut jobs, his political act shape. This slash , and throw which bargaining hurt our commun doesn’t add up and is a enterprise principle will ity.” has been vehemen s off the table, the PSA t in defence Broken promise Sector and of the Public the vital services s it provides. In his Budget, On Budget Mr Foley announc Day, PSA public sector General Secretar ed 3,750 jobs would y next four years. be shed over the
2010 Year in Review
unt rnment to Acco Hold this Gove au
t must “This Governmen nt for be held to accou ting the harm it is inflic and on its employees they the community serve.” y
services, to protect vital The campaign provides Sector which and the Public . Cuts them continues Cuts = Service
Job The PSA’s community gaining increasing signs that campaign is are some positive support and there nt realise this. a clear some in Governme re-shuffle is The recent Cabinet nt has realised the Governme y indicator that no communit decisions have some earlier . It must support. beginning be the But this can only policies which by changes to be accompanied conditions cut. working and saw jobs, services continue this determined to The PSA is as it has since multiple levels on campaign Foley handed Treasurer Kevin the day former last year. in September fight. The down his Budget alone in this We are not are standing other unions community and with us. and the shoulder to shoulder has been strong y “The response the communit members and support from PSA General significant,” has been very said. McMahon nt Secretary Jan to hold this Governme “We will continue
• Full colour pages
says: The radio ad ent has “The State Governm services jobs, started slashing ents as and worker entitlem cuts. part of its Budget jobs are set “Almost 4000 service to go which equals waiting longer reductions, support for times and less families an South Australi in need. ent must be “The Governm g t for betrayin held to accoun making South workers and bear the Australian familiesed cuts. brunt of unjustifi cuts are “If job and serviceyour life already making why at us tell harder up.com.au” www.doesntadd
JOBS WATCH Page 6
Jan McMahon, PSA
its actions. PSA has to account for actions the further Some of the of which are detailed undertaken, many included: the Review, have meetings in this issue of Representative • Regular Worksite and updates; e website – of a new interactiv • Creation doesntaddup.com.au regarding the exposure • Regular media
Talk High Level
Rau, General John
Attorney Premier and Minister for Industrial for have met with Treasurer Jack Snelling, and Minister Senior PSA Officials s in recent Relations Bernard Finnigan nt Gail Gago. new Minister a number of Cabinet Public Sector Manageme of wake of the channels of weeks, in the opening step, The as a positive ation is seen are re-shuffle. ry, as
policies communic g that until have been prelimina briefs Discussio ns while recognisin cuts to jobs, services and individual PSA see changed which advised in previous will continue. the campaign to members. Deputy conditions been held with Meetings have
HOLD THIS GOVERNMENT TO ACCOUNT continued
Budget; impact of the rallies and marches; • Numerous Offices; s to Electoral • Union delegation High Court challenge; • An ongoing of political parties; • Lobbying at worksites. cuts to • Union meetings g showing the New radio advertisin rolled out entitlements was and jobs, services during February.
by Former The cuts outlined included: Foley Treasurer Kevin Public Sector • A cut of 3750 jobs over 4 years; of Targeted • A two tier system Packages; ion Voluntary Separat er ent will reconsid • The Governm ary redundancy” its “no involunt ent year if insuffici policy after one , ns are achieved staff reductio by the Premier despite a promise not happen; that this would Leave accrual Service Long • to from 15 days to be reduced after July 1 annum per 9 days with this year for workers 15 years service; to be Leave Loading • Recreation t workers removed for non-shif from July 2012
AUSTRALIA DAY HONOURS
Major Win, But Mor e To
Treasurer Snelling’s first Budget has been remarkable in many respects.
Admitting that the Government had got it wrong in respect to some matters in its 2010 Budget was in itself significant. Being willing to restore Leave Loading and recommit to job security was important. These decisions highlight just how successful the PSA led campaign by unions and the community has been. Thousands of members have constantly participated in public rallies, visits to MPs, community protests and numerous other activities.
AT A GLANCE
PSA General Secretary
• RLL to be returned (value is more than annual PSA subscriptio • Threat to Job Security ns) removed • Process to replace LSL proposed. Governmen PSA wants equivalent t value. Still to be negotiated,wants cheaper outcome, operative date of 1 but PSA has secured July 2011. • PSA has demanded better whole of governmen processes to force t redeployment agencies with vacancies to be negotiated now. to take surplus staff – details • Threat to job security after 2014 election is same as before, PSA always goes to not new. each seeking a commitmen major political party prior to each election t of no forced redundanci es. • Members participatio n in campaign has achieved this result. • PSA strategy has worked, whereas short term industrial action groups would have had less impact. by some
PSA Case to Proce ed in High Court Following the decision of the Industrial
MORE JOBS TO GO Page 3
Relations Commission of SA that it did not have jurisdiction to hear PSA’s case in relation to the loss of protected conditions in last year's Budget, PSA sought a judicial review by the Supreme Court. The Supreme Court ruled that only the
MAY DAY MARCH Page 6
High Court could determine the matter. PSA lodged an application with the High Court accordingly.
The Full Court will now hear and determine both the question of granting leave
for the case to be heard, and the substantive case itself simultaneousl y. If the High Court rules in the PSA's favour the High Court will refer the matter back to the Full Supreme Court of South Australia for determination.
REGIONAL ANGER GROWS Page 7
nt and on that agreeme to turn its back the rules.
The actions of former and the Rann GovernmentTreasurer Foley in removing negotiated conditions of employment that were protected by legislation, Awards and Enterprise Agreements was unprecedente d. No other employer could have acted in that manner and got away with it. Cutting 3750 jobs added to the pain. The strategic response by campaign, a longer unions was also unprecedente PSA and other term strategy was developed. d. as February 2010 to no forced redundancies Recognising that the underpinning for the duration of The strategy political decision its next term? included of the Government extensive involvement of members was not How could 3750 likely to be reversed about its proposal. and the community jobs be cut when by a quick industrial In any discussions, and recognised the the population of South PSA is sense of betrayal Australia was growing demanding that any felt by many. such scheme must and the need for public be of services was increasing? equal value for those who have lost LSL. How could conditions The 2011 Budget agreed to by decision to restore It has been a long Government and some conditions goes and difficult campaign, protected in an Enterprise some way to address and one which is Agreement that conditions issues, not over, but the had only been by restoring Leave success to date demonstrates certified Loading in January 2010 and Job Security, the success of be suddenly removed but has not resolved the PSA strategy. in September of the the Long Service Leave same year? concerns. There How could Long are aspects of the A senior level negotiating Service Leave Budget PSA group proposed disagrees with, and entitlements protected by Government, which will be the in the Public Sector however, will examine subject Act only passed in 2009 of ongoing campaigns, a mechanism suddenly be removed? to retain experienced but the new Treasurer workers. recognises our How could job PSA, while continuing right to disagree security be threatened to pursue full with when the Premier Government. Due restoration of LSL had committed as recognition must through its campaign recently be paid and High Court case, to Treasurer Snelling will talk with Government for his willingness to genuinely listen and to act.
Two Judges of the High Court have referred the PSA case for a full hearing by the Full Court (7 Judges) on a date to be fixed.
Restoring Jan McMahon addressing
Foley literally change employer er, Kevin employees and ent as an tions Former Treasur “Only a Governm very serious faith” in negotia and it raises destroyed “good ise agreements the and worth can do this, the validity any for future enterprcut agreed rights and questions about made with to agreements day he moved than through of any future by law rather . entitlements Government.” Government bargaining processslashed in which the rights The manner he the enterprise
working away agreed chose to legislate of a PSA High ents is the subject and entitlem e. e will Court challeng of that challeng The outcome how future a bearing on negotiations. – by stripping inevitably have d. that process are conducte to by By destroying Enterprise negotiations ents agreed the previous and entitlem to and rights ives n before, away Alternat involve arbitratio ent only months that process may to the Governm Agreement se Agreement s Commission an Enterpri Relation s l in Relation l finalised s, and to by the Industria by the Industria binding outcome of lost was certified significant problem achieve legally value he created a ation of the Commission, allow for consider ions. and for future negotiat the next EB are due to entitlements. consuming for time a ions to be due Negotiat in a agreement This would would result year with an approach, but start early next adversarial 2012. Award. commence during ation to how legally binding a means of giving consider n may be and The PSA is negotiations, Also, arbitratio entitlements any future value to specific to approach is, applying a options. a value – that , where a proven to have examining future and can be agreed package have a situation s has “Once you of an overall is its member if elements , compensation behalf of signed are removed union on nt which is (e.g. tenure) agreeme an all negotiated faith, under Enterprise required. sides, in good to unlike an off by both expect that of Arbitration, you would the consent applicable law, does not require Agreement, . stand.” is that the r to the outcome happened the employe has “What later, decided a few months Government,
Budget, when In his last loading and leave, cut leave ly long service also drastical security, he threatened job of good faith the whole basis undermined
ip ent leadersh in Governm l “The change and potentia impact on relations may have an negotiations.”
ip have the ent’s new leadersh forward The Governm and move to restore trust
ctor Public Se pport for Public Su ians have a South Austral ed by A majority of of the work perform positive view shows. new research taxes the Public Sector,
see be happier to And many would jobs cut. services and rise, rather than d by Dr James was conducte The research Director of Service Research Whelan, Public ment. Policy Develop the Centre for
politicians despite many servants” He found that of kicking public making “a sport “positive attitudes towards a ity has like to see the commun and would the public service sustained service”. and 20 strong, healthy looked at s research found that, Dr Whelan’ surveys and al attitudin people years of that time, throughout consistently funded. services well see to wanted
ng findings of the interesti “In fact, one asked if they people were was that when order to increase more tax in , like wanted to pay public services available for the funding the majority n and so on, said in a health and educatio d that,” he supporte of Australians . of media interview examination said that an Dr Whelan
d Sector containe on the Public commentary of Parliament, the official record or in Hansard, was negative three quarters revealed that derogatory. contrast the curious to “It’s really ns towards the d by politicia attitudes expresse of the general and attitudes public service, community.”
SA GOVERNMENT NO SHIPPING SUPERANNUATION AINERS CONTSECTOR FEDERATION AGM
Review IENCE EXPER PUBLIC MUST BE REWARDED Page 5
27/02/12 10:54 AM
Published on Jan 31, 2012