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Enterprise Agreements: critical in your working life
Some PSA members may not be fully familiar with why enterprise agreements are so important to their working lives. Here we identify a few key concepts about enterprise agreements and the enterprise bargaining process.
The PSA salaried members’ enterprise agreement (SAMPSEAS) is currently under negotiation. When the current agreement was approved in January 2018, it covered approximately 39,000 employees.
An enterprise agreement:
• Sets out many of the terms and conditions that apply to employment
• Sets out many rights and responsibilities employers and employees are required to adhere to
• Sets out many principles and specific terms that apply to the employment relationship Importantly for members, is a statement of the level of respect and dignity underpinning the employment relationship
“Agreement” is the key word
Sometimes people overlook the key word in “enterprise agreement”, i.e. “agreement”. This means that PSA members collectively decide the terms and conditions they are willing to accept will apply in their relationship with their employer. Importantly, through enterprise agreements, union members also collectively determine the level of respect and dignity they are willing to accept will underpin their relationship with their employer.
There is no enterprise agreement unless the employees covered by the agreement collectively agree.
The PSA is the principal negotiator for the salaried agreement
Under the state Fair Work Act (the legislation under which enterprise agreements are made) unions have rights to negotiate enterprise agreements on behalf of their members. The PSA is the principal representative and therefore the principal negotiator on behalf of salaried employees in the SA public sector.
The PSA negotiates with representatives of the government who in turn take their direction from the elected government.
Determining the PSA’s negotiating position
Members tell us what is important to them about their conditions of employment. Unions are democratic organisations responsible and accountable to their members.
Throughout the life of the current agreement, PSA leadership and staff have consulted with members extensively. We embarked on a comprehensive survey of all members, held membership meetings throughout our membership, and discussed enterprise bargaining with PSA Worksite Representatives at their regular meetings and in many other forums. We have provided information and sought feedback from members through many other mechanisms and opportunities. We have held, and continue to hold, training sessions for members and Worksite Representatives.
We also took into account our experiences as PSA Organisers and Industrial Officers in supporting members in matters arising since the implementation of the current agreement.
While theoretically negotiations can start with a blank sheet of paper, the starting point for the PSA is the current agreement. The current agreement represents the achievements of the generations of PSA members who came before us and is an illustration of the 135 years of PSA members campaigning for respect and dignity at work. Today’s PSA members in turn will leave a legacy for future PSA members. The enterprise agreement is an opportunity to determine what that legacy looks like.
Each enterprise agreement negotiation has its own context, environment and dynamics
In addition to the considerations of what members are willing to accept by way of employment conditions, and the level of respect and dignity inherent in those terms and conditions, each enterprise bargaining negotiation takes place in its own unique context and circumstances. The process is subject to the specific dynamics that apply at the time of negotiating, and judgments about circumstances that will apply during the life of the agreement. The state of the economy and the policy approach of the incumbent government are also important – especially for state government employees.
Reaching agreement
Usually in-principle agreement is reached through the enterprise agreement negotiation process between the government and the PSA.
Following PSA Council and Worksite Representative consideration the PSA makes recommendations to members, including identifying the key things members should take into account when considering any proposed agreement. A draft proposal then goes to all the employees covered by the agreement for a vote as to whether they are willing to agree to it or not.
Duration of agreements
Under state legislation agreements can be for a nominal period of up to three years. However, agreements remain in place until they are replaced. That means an agreement such as the current salaried agreement (SAMPSEAS), which had a nominal duration of two years, and for which the nominal expiry date was in January this year, remains in place and all the conditions contained within it continue to apply and remain enforceable. This means the job security, RRR, consultation and grievance resolution provisions all continue to apply.
‘Rolling over’ the current agreement
The current agreement could be rolled over, and this is something members have raised with the PSA. Rolling over the current agreement simply means retaining all current conditions. The importance to members of retaining all current conditions is something the PSA has repeatedly made crystal clear to government in every meeting we have had. However, rolling over the current agreement requires the employer’s agreement — and at the moment the government is not willing to agree to retain all your current conditions. The government wants to pursue its agenda of removing members’ job security and reducing key conditions.
The government’s current position is on the “bargaining” part of “enterprise bargaining”. They want PSA members to exchange their job security and RRR provisions for a modest pay rise. This is not something PSA members are saying they are willing to do.
Rolling over an agreement is not a novel or particularly creative idea. It is simply retaining what we currently have — but without the modest improvements we have indicated we are seeking. Rolling over an agreement can make sense in some circumstances — for example, the circumstances brought about by the coronavirus. But it does require the agreement of both the employer and employees.
Negotiations are continuing Make sure you keep abreast of the latest enterprise bargaining developments by reading the PSA Member Updates, keeping in touch with your PSA Worksite Representative and Organiser. Most importantly, make sure your colleagues are aware of what is at stake during enterprise agreement negotiations and if they are not members, the importance of joining the PSA.
