PSA Review Sept 2012

Review PUBLIC

SECTOR

www.cpsu.asn.au

September/October 2012

HIGH COURT WIN The PSA has fought and won a High Court challenge over entitlements.

“This is a fantastic result,” PSA General Secretary Jan McMahon said.

“It shows Government again that the PSA will not tolerate unethical conduct by the employer.

“Now we have taken the matter to the highest court in the land, and won.

“The message must be loud and clear in Government circles now – if you act inappropriately, you will be in for a fight and we will throw everything we have at it and win.”

This battle started in January 2010 when a new Enterprise Agreement guaranteeing protection of existing conditions was certified in the Industrial Relations Commission.

That Agreement required Government approval before being 'approved' by the Chief Executive, Department of Premier and Cabinet. ... continued page 5

From right: President Lindsay Oxlad, Paul Heywood-Smith QC, Jan McMahon, Peter Moloney, Peter Christopher & Martin Hynes

Enterprise Bargaining “Parity” Offer PSA sought a good outcome for members, including a fair and reasonable pay increase, job security, protection of existing conditions and improvements to others.

PSA also required a process for the Industrial Relations Commission to deal with any future breach of the Agreement, whether by Parliament or

by Agencies.

We also needed to deal with ever increasing workloads being experienced by members arising from increased demand for services, from job cuts and through jobs being left vacant.

The offer does not pick up all that PSA would

have liked in an Agreement, but overall it represents a fair and reasonable outcome.

It contains an acceptable pay increase, with benefits for lower paid members. Conditions are protected. We have an increase to Paid Maternity Leave, Work Level Definitions for Allied Health Professionals and Medical Scientists are improved, there is a review of the technical grades structure and we have new career paths for Corrections Officers.

The offer has been considered by PSA’s Executive and Council, and by Worksite Representatives in both metropolitan and regional locations, and while it does not satisfy all expectations, PSA is prepared to recommend the offer to members.

HIGH COURT ORDER

NEW PRISON NEEDED

IMPORTANCE OF UNION

Page 3

Page 5

Page 9

... continued page 5

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PUBLIC SECTOR REVIEW SEPTEMBER/OCTOBER 2012

Secretary’s Column THE SWEETEST VICTORY

ABUSE OF SECTION 56(1) OF THE PUBLIC SECTOR ACT ARRESTED AT LAST

By Jan McMahon

By Lindsay Oxlad

s many of you would know, there are times in your career when you know that you have been part of something truly significant, something that you are immensely proud of.

We have been fortunate enough to experience that recently.

For those of you who have followed my columns over the past two years, you know the highs and lows we have experienced during the Hold this Government to Account campaign.

The lows came with the unprecedented attacks on PSA members’ entitlements in the 2010 State Budget delivered by former Treasurer Kevin Foley.

The highs came as we saw PSA members mobilise into action to stand up for what was rightfully theirs, and slowly but surely assert their rights to be heard and win back well deserved conditions of employment.

As each success built on previous achievements, this culminated with the handing down of the decision over the PSA’s appeal to the Full Bench of the High Court.

In a landmark decision the High Court upheld the PSA’s appeal and awarded costs against the Government. This fully vindicates the PSA’s decision to pursue every available legal strategy in order to achieve our campaign objectives.

Of course, that is not where the story ends. The legal case continued,

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Review PUBLIC

President’s Column

being referred back to the Full Bench of the South Australian Supreme Court. If successful there, it will then go back to the Industrial Relations Commission of South Australia.

On a personal note, I was extremely proud to lead a union where, thanks to the support of many thousands of members, we are in a strong position to be able to defend our rights have the resources and backing to do that. I hope that each and every PSA member shares that sense of pride, as it is only possible due to the commitment of all of you, with members united to challenge an injustice.

If we did not have the resources to take up this legal fight, our ability to challenge the attack on conditions and job security would not have occurred.

Due to the strength of the PSA, we have been able to have our day in court, and I am pleased that in this instance, the decision to take our case to the High Court in Canberra was vindicated.

This strength and resolve to fight for the right outcomes for PSA members is present in all the campaigns we undertake, and is one of the reasons why the PSA is such an effective representative of public sector workers.

The High Court decision was the pinnacle of the legal processes, but the overall campaign involving thousands of members over almost two years played a vital role in protecting members' entitlements.

I

n response to many requests by the PSA and mounting evidence of misuse of Section 56(1) of the PS Act by agencies, Michael O’Brien, Minister for the Public Sector recently instructed the Commissioner for Public Sector Employment to fix the problem once and for all. This resulted in issuing a draft guideline to agency chief executives regarding their exercise of the power to require staff to submit to an independent medical examination. The PSA was provided the opportunity to comment and has supported the draft, and its introduction urgently.

As a result of the Minister’s action the CPSE issued the Commissioner for Public Sector Employment Guideline: Power to Require Independent Medical Examination which not only clarifies the circumstances under which staff can be required to submit to an independent medical examination (under Section 56(1) of the Act), the processes to be followed given the potential for the process to cause staff involved mental anguish and physical distress and the requirement for agency chief executives to thoroughly justify their actions.

The Minister’s prompt action is welcomed and applauded as is the Commissioner for Public Sector Employment’s follow through by preparing the Guideline. It should now be formally issued.

Why is this a problem and why is the need for change so very important?

Over the past few years the PSA has assisted a number of members lodge grievance appeals against the actions of senior managers and/ or chief executives of several agencies who , in response to complaints from those members about inappropriate behaviour by more senior staff or their peers either directly against themselves or on behalf of others in their workplace, have been suspended from duty until such time as they undertake a medical (psychiatric) examination by an independent medical practitioner

(chosen from a list of government approved practitioners) as allowed under Section 56(1) of the PS Act in relation to issues of unsatisfactory performance.

Note Section 56(1) only relates to the situation where the unsatisfactory performance of a staff member may (after examination of the circumstances) be due to mental or physical incapacity of the person (e.g. due to depression, post traumatic stress disorder, etc).

In all (repeat all) the cases handled by the PSA the psychiatric examinations unambiguously found that the members concerned did not suffer from any mental or physical incapacity that would affect their performance at work and should not have been required to submit to the examination in the first place.

Equally in all cases the agencies had not indicated formally or informally that the member’s performance was in some way unsatisfactory which brings into question why the agency invoked Section 56(1) at all.

It therefore appears that several agencies are misusing the powers under Section 56(1) as a punitive measure against staff that they consider troublemakers because they do not keep quiet when either they are subject to inappropriate behaviour by their peers or senior managers or they act on behalf of others who are being subjected to such behaviour.

As one who has presided over several grievance appeals investigated by the Public Sector Grievance Review Commission I am forced to conclude that there is serial misuse of Section 56(1) by several agencies – misuse that will hopefully be arrested by the need for those and other agencies to comply with the CPSE Guideline.

It will be interesting to see whether the stream of grievance appeals that we have seen in the past few years dries up as agencies improve their human resource policies and practices and managers become fully accountable for their actions.

SECTOR

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: nm@cpsu.asn.au 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 3.

Responsibility for political content in this publication is taken by Peter Christopher, Editor.

Vision Statement THE PSA WILL ACHIEVE THIS BY: IRWYVMRK NSF WIGYVMX] JSV QIQFIVW QIQFIVWLMT MRZSPZIQIRX

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.

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PUBLIC SECTOR REVIEW SEPTEMBER/OCTOBER 2012 P3

High Court Order The PSA’s case was heard and decided by the seven Justices of the High Court including the Chief Justice.

The High Court of Australia is able to deal with cases which come to it on appeal or which begin in the High Court itself.

Cases which involve interpretation of the Constitution, or where the Court may be invited to depart from one of its previous decisions, or where the Court considers the principle of law involved to be one of major public importance, are normally determined by a full bench comprising all seven Justices.

Other cases which come to the High Court for final determination – including this one - involve appeals against the decisions of the Supreme Courts of the States and Territories, of the Federal Court of Australia and of the Family Court of Australia and these are dealt with by a full court of not less than two Justices. In addition there are certain matters which can be heard and determined by a single Justice.

The subject matter of the cases heard by the Court traverses the whole range of Australian law.

Most of the Court's work relates to the hearing of appeals against decisions of other courts. There is no automatic right to have an appeal heard by the High Court and parties who wish to appeal must persuade the Court in a preliminary hearing that there are special reasons to cause the appeal to be heard.

Decisions of the High Court on appeals are final. There are no further appeals once a matter has been decided by the High Court, and the decision is binding on all other courts throughout Australia.

In the case of the Public Service Association of South Australia Incorporated versus the Industrial Relations Commission of South Australia, on July 11 this year the High Court ordered: 1: Special leave to appeal granted.

2: Appeal treated as instituted and heard instanter, and allowed.

3: Set aside the orders of the Full Court of the Supreme Court of South Australia made on 15 March 2011.

4: Remit the matter to the Full Court of the Supreme Court of South Australia for determination of the appellant’s summons for judicial review, including any questions of costs in the Full Court.

5: The second respondent, the Chief Executive, Department of the Premier and Cabinet of South Australia, pay the costs of the appellant in this Court.

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PUBLIC SECTOR REVIEW SEPTEMBER/OCTOBER 2012

MEETING WITH PREMIER Senior PSA officials met with the Premier in August. The meeting provided an opportunity to exchange views on a range of key issues, and to discuss any G ove r n m e n t ’s upcoming legislation which may impact upon the Public Sector.

An issue of ongoing importance is that of workforce planning, with PSA expressing concern that the loss of experienced employees in coming years will impact on the ability of the Public Sector to deliver the Government’s programs effectively.

The Premier recognised the significance of this issue.

Workloads were also identified

by PSA as a particular concern, with members expected by managers to carry duties of unfilled jobs and those not filled during leave. PSA highlighted that it was important that management recognise their responsibility to make decisions about priorities for staff, not simply expect them to put in significant unpaid hours of extra work.

The regular meetings at this senior level provide the opportunity to discuss a range of issues and to provide direct feedback to the Premier on important issues.

Meeting with Premier

Health Cuts Hurt Recommended cuts to health staff will harm the community, the PSA has warned.

“We have already seen cuts to allied health staff and administrative staff which have gone too far,” PSA General Secretary Jan McMahon said.

“Services are already suffering or have been abandoned altogether.

“Proposing to slash hundreds of more jobs and beds will obviously have a direct impact on service delivery and patient care.

“People will be hurt by this. Sick people will get sicker. Waiting lists will grow.

“Government can no longer pretend that there is any fat left.

“The so-called preservation of frontline services has been abandoned.

“The pretence that there were “back office” staff who were of no value has been shown to be just that.

“Every cut to an administrative staff member means more work shouldered by someone else. They are all frontline staff now.

“Morale is low among staff, and tempers are flaring with angry patients and their families venting their frustration on members.

“This is intolerable. Billions of dollars for a new hospital but not enough staff to work in it and not enough money to provide the services we need is a disgrace.”

On 26 June 308 FTE job cuts from the seven metropolitan hospitals were

This will aid the PSA in preparing submissions to fight against the cuts during a six week consultation period which ends on September 5 this year.

PSA members are reminded of the Enterprise Agreement provision

“Billions of dollars for a new hospital but not enough staff to work in it and not enough money to provide the services we need is a disgrace.” PSA General Secretary, Jan McMahon revealed and immediately raised grave concerns about the damaging impact such cuts would have.

A number of worksite meetings were quickly arranged throughout the health sector to gain further details.

which states that an “employee should not be required to undertake an unreasonable workload”. PSA members are already concerned about high workloads which will only worsen if jobs are cut.

TRAVEL REIMBURSEMENTS for the use of your own car The PSA is concerned about what appears to be local arrangements for members to use their own car for work purposes, without access to the award entitlements to cover expenses.

The PSA South Australia Public Sector Salaried Award is clear, if an employee is approved to use their own car, the employee is entitled to be reimbursed 81 cents per kilometre for travel for official purposes.

In a situation where public or Government transport is available, that transport is to be the first preference. However, where the employer is satisfied that there are grounds for the use of a private

vehicle, reimbursement will be limited to the cost of travel by public transport.

It is understood, employees are being coerced into signing a form saying that they wish to use their own car and will not apply for any travel reimbursement. The advice they are being given is that they can claim for the use of the car on their tax return.

In regional areas in particular there are often very few Government

cars available and public transport is not an option. Employees can not be required to use their own car for work purposes. If employees are required to use their car for work purposes they should be reimbursed at the award rate of 81 cents per kilometre.

The PSA is addressing this issue at the agency level, any members who have concerns or questions should contact the PSA.

PUBLIC SECTOR REVIEW SEPTEMBER/OCTOBER 2012 P5

New Prison NEEDED A new city-based prison is needed to alleviate unsustainable levels of overcrowding in the State’s prisons system, the PSA believes.

A new facility is desperately needed to cope as existing facilities reach breaking point. “Time and time again we reach capacity and are running almost constantly at near capacity,â€? “Even those ďŹ gures are misleading though, because in many instances there has been a doubling up of beds per cell, so the actual numbers now being dealt with are very high indeed. “Add in the fact that almost half the prison population is struggling with some degree of mental health issue and the system starts to fail completely.

“This has been obvious lately with the inability to have severely mentally impaired prisoners dealt with at James Nash House. “Our prisons should not be dumping grounds for the mentally ill. “Nor should we have a situation where our members health and safety are gravely endangered by overcrowding. “Overcrowding and cell bed doubling have inevitable negative consequences. Our members bear the brunt of those consequences.�

The PSA believes it is time discussions about a new metropolitan prison once again took place , while recognising that regional prisons capacity have been increased.

High Court Win Continued from page 1 ...

In September that same year former Treasurer Foley delivered his State Budget and through legislation reduced Long Service Leave entitlements, removed leave loading and undermined the guarantee of job security.

The PSA conducted a long running campaign against those actions with record breaking public demonstrations and rallies including a major one at the ALP Convention at the Festival Centre.

The PSA also took the breach of the Agreement to the IRC which determined it could not deal with it, as the actions were by Parliament, not

“The former Government leadership team betrayed the Public Sector. The PSA determined to use all available means to protect members' conditions�

PSA General Secretary, Jan McMahon the Chief Executive, Department of Premier and Cabinet.

The PSA disputed that in the Supreme Court which determined it was a matter of jurisdiction which only the High Court could decide on.

The High Court heard the PSA case in November last year and delivered its ďŹ ndings on July 11.

It agreed with the PSA’s case and awarded signiďŹ cant legal costs in the PSA’s favour. “The breach of an Enterprise Agreement is such a serious matter the PSA could not allow it to go unchallenged and used all available avenues to protect members’ conditions,â€? Ms McMahon told media on the day of the High Court’s ďŹ nding.

“While the jurisdictional matters are complex, the principle is simple – once parties reach an agreement, all parties, including Government, must honour that agreement. “The PSA was extremely disappointed that when Government breached the Agreement in 2010 that the IRC would not hear the dispute over the breach. “The PSA determined to use all available avenues to protect its members’ conditions and the integrity of the Enterprise Bargaining process. “This is a very signiďŹ cant decision.

It puts all employers on notice that Enterprise Agreements must be respected.�

Enterprise Bargaining “Parity� Offer Continued from page 1 ...

Background The PSA has been negotiating for a new Enterprise Agreement on behalf of parity members. The current Agreement expired on 30 June 2012. A formal claim was lodged in January 2012 and a number of formal Single Bargaining Centre meetings have been held together with discussions with Public Sector Workforce Relations over particular issues.

The Government made a formal offer on 21 August. PSA Executive, Council and Worksite Representatives, including Regional Representatives, met to consider the details

of the offer, and now recommend it to PSA members.

The letter of offer states; “While it exceeds the employer's preferred outcome and may not meet your association's preferred outcome, it addresses many of the issues discussed. In a genuine attempt to avoid an offer/counteroffer process between the parties to these QHJRWLDWLRQV LW LV PDGH DV D IXOO DQG Ă€QDO RIIHU.â€?

The main elements of the offer are; s 4WO YEAR AGREEMENT EXPIRING *UNE 2014 s ! ONE OFF PAYMENT OF s SALARY INCREASE /CTOBER AND

salary increase October 2013 s 3ECURITY OF %MPLOYMENT FOR LIFE OF THE agreement s #ONTINUATION OF EXISTING CONDITIONS s )MPROVED PAID MATERNITY AND ADOPTION leave s )MPROVED WORKLOAD CLAUSE s #LAUSE TO ENSURE ENFORCEABILITY OF agreement

s #ONTINUATION OF 3AVED #LAUSES The Government has included some provisions it has proposed, including deferral of increments for poor performance and a revised workplace exibility clause. The PSA has put in place proper protection mechanisms for these clauses, and is satisďŹ ed to include them in the Agreement.

s .EW #ORRECTIONAL /FlCER STRUCTURE

PSA recommends that members vote “YES� in the ballot for the Parity Agreement.

s )MPROVED 7ORK ,EVEL $ElNITIONS FOR Allied Health Professionals, Medical Scientists and Grant Funded Scientists

Negotiations are ongoing for a number of other PSA membership groups, including Schools, Lotteries and WorkCover.

P6

PUBLIC SECTOR REVIEW SEPTEMBER/OCTOBER 2012

Sick Leave

Changes Changes to the Public Sector Act in 2009 are now being felt in the area of sick leave.

In letters, in meetings, in media intWhereas previously members were granted an annual allocation of sick leave in advance, it will now become available in monthly instalments.

This will impact on members with chronic health issues, or those with a short length of service who get sick and do not have any significant sick leave “banked”.

There are no obvious savings to Government from this new method and it is considered purely an accounting or delivery issue which may, unfortunately, impact on a minority of members.

If you are among those few who will be hit hard by this, contact the PSA. “The PSA fought very hard against a great number of changes to the Public Sector Act at the time and had the majority of the worst of them removed.

“Our lobbying at the time resulted in support from various sectors of the political field in opposition to the

Government and resulted in amendments which were much needed.

“A few issues, such as the sick leave one, could not be blocked at the time, but the PSA will do what it can to help members hurt by this change.”

The amendments successfully won by the PSA to the Public Sector Act 2009 included proper appeals processes, procedural protection for termination, an enhanced role for the Commissioner for Public Sector Employment and

improvements to the Code of Conduct.

Without the support of the Opposition in both Houses of Parliament and the Greens, Family First, Democrats and Independents in the Upper House, Public Sector workers had faced the prospect of far more harmful effects.

Goodbye Magill The Magill Youth Training Centre – long a controversial and terribly degraded emblem of Government spending failure – is soon to close.

Its replacement is due to open in September. The PSA has been regularly involved in ensuring the new centre will match community expectations for the 21st Century.

The PSA campaigned for a very long time to get the Magill centre shut down. Conditions there had been substandard for far too long.

The long campaign, and close co-operation with other community groups, resulted in a major Government turnaround with desperately needed funds finally found.

“This transition has been a long time coming,” PSA General Secretary Jan McMahon said.

“Persistence has indeed paid off.

We campaigned long and hard on this one and negotiations over the development of the new centre have finally reached the point where it can now open.

Elizabeth Community Corrections Members from the Elizabeth Community Corrections Office recently contacted the Public Service Association (PSA) regarding workloads.

Members had particular concerns regarding part time workers' case loads and had

approached management for some action to be taken to reduce workloads.

Although some interim measures were put in place by management, these measures did not go far enough to protect the Occupational Health and Safety of some case managers working with high case loads.

A meeting was held between the Department for Correctional Services (DCS) representatives and PSA Industrial Officers and Worksite Representatives.

DCS heard first hand some of the issues contributing to the workload problems at the Elizabeth office and in particular the case loads for the

part time employees. An open and honest discussion with management has provided members with some clarity and positive outcomes that should address the workload issues.

DCS gave members an undertaking that the workload issues for the part time employees would be addressed as a priority.

PUBLIC SECTOR REVIEW SEPTEMBER/OCTOBER 2012 P7

New RAH Monitored Meetings are continuing with Health SA to ensure the development of the new Royal Adelaide Hospital meets staff expectations.

“Bricks and mortar are one part of the equation – how it works with staff also needs consideration,” “Staffing levels, amenities

and safety are important issues we are keeping a close eye on.”

The PSA has already expressed disappointment the new hospital will not include a secure ward to deal with violent or incarcerated patients.

“That was a safety opportunity lost - staff and the public are less safe as a result of that decision,”.

Spare a THOUGHT for PSA members at

Shared Services Federal Health Funding FAILURE The new scheme A new activity-based funding model for involves Federal and health got under way State money being placed in a central funding pool from July 1.

Modelling of the impact of the changes suggests SA will lose millions with Queensland expected to be the biggest loser WITH MILLION LESS IN federal hospital funding from 2014.

from which hospitals are funded based on their “efficiency”.

Insiders believe there are some serious flaws with the methods and SA hospitals are likely to miss out.

The saga of Shared Services has had many twists and turns over the years and we probably haven't seen the end of the dramas that continually evolve in this controversial government agency. The AuditorGeneral has reported what we suspected was always going to be the case – the forecast savings were highly ambitious and unattainable.

The PSA has continually advocated on behalf of members employed in Shared Services, holding regular members' lunchtime meetings and participating in key negotiation, communication and consultation with management at a Consultative Committee level.

But through all the maze of restructure, re-alignment,

job re-design, cultural and physical workplace changes spare a thought for those PSA members who continually front up to work at Shared Services, give their best and get on with their job in extremely challenging circumstances.

The rank and file members are not to blame for the endemic problems that have besieged Shared Services.

Staff in payroll, procurement, IT and administration should not be blamed, unfairly labelled or have their personal reputations tarnished because of guilt by association that they happen to work at Shared Services. Next time you talk to a payroll officer think again about the difficulties and hurdles they have encountered and the efforts that they have put into trying to 'make Shared Services work'.

P8

PUBLIC SECTOR REVIEW SEPTEMBER/OCTOBER 2012

PSA Visit to Pt Lincoln PSA Industrial Officers visited Pt. Lincoln members on 30th and 31st July, 2012.

Successful meetings were held over the two days in a number of worksites. The PSA wished to ensure all Pt. Lincoln members had the opportunity to discuss the new Retention Allowance and hear about the current Enterprise Bargaining negotiations.

PSA members received letters prior to the visit so that they were able to contact the PSA Industrial Officers if they had any particular issues they wish to discuss.

Meetings were supported by local management. It is clear that Pt. Lincoln public sector workers, like many of their metropolitan colleagues face high work loads, and struggle with conflicting priorities.

The PSA has made it clear to Government, that any new Enterprise Agreement needs to

provide better protection for members with high work loads.

There were concerns raised in relation to proposed further job cuts in agencies.

The

very small worksites were even more worried about how their services/projects would continue, if they lost any further resources.

Regional South Australia has been under

significant pressure in recent years to provide quality public services and with this current round of budget cuts feels more vulnerable than ever.

Enjoy a PSA holiday home!

All units are airconditioned.

Standard week is 2pm Saturday until 10am the following Saturday.

Members are advised to vacate the units by 10am at the latest.

Earliest arrival time is 2pm. This time will be used to prepare the unit for your arrival.

It is the responsibility of the member to replace any damages / breakages that occur.

Off-season rates do not apply should school holidays fall during this period.

School holiday bookings are decided by ballot. You must apply in writing. The ballot closing dates are Christmas holidays - 30 April: April holidays - 30 November; July holidays - 28 February; September holidays - 31 March.

Cancellations. If cancelled one month before, full refund is given. If cancelled two weeks before, half refund is given.

If cancelled less than two weeks before, one third refund is given.

FOR INFORMATION CALL 8205 3200 OR TOLL FREE 1800 811 457

HOLIDAY HOME AVAILABILITY - SEPT TO NOV 2012 September

October

15 - 21

6 - 31

1 - 30

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Mannum

15 - 21

6 - 31

1-9 24 - 30

Pt Lincoln

1-7

20 - 31

1 - 30

Pt Vincent

1 - 21

1 - 12

1 - 30

Robe

1 - 28

20 - 31

1 - 30

Goolwa

1-7 8 - 14 22 - 30

1-5

24 - 30

Glenelg K. I.

November

PUBLIC SECTOR REVIEW SEPTEMBER/OCTOBER 2012 P9

Importance of Union Unions are often incorrectly portrayed as “either a spent force or a bogeyman” in the media, Australian Council of Trade Unions ( AC T U ) President Ged Kearney recently told the Melbourne Press Club.

“The work we do is often ignored, or if it is covered, presented as something that would have happened without unions,” she said.

“But our work is important.

What unions have built is important.

“I am proud to be the head of the largest social movement in this country – a movement with close to two million members.

“It is a movement that is changing rapidly. While the traditional industrial unions are still important, in recent years union membership has shifted towards more female-dominated, public and community sector workers.

“All unions face the common challenges of being collective organisations in an increasingly individualistic society and of organising a workforce that is becoming mobile and temporary.

“We cannot be too pessimistic about these challenges. I think the defeatist argument that people are no long “joiners” is too simple.

“The mistake that is often made is assuming that a decline in membership means that our values

and beliefs are no longer supported by the Australian people.

“It also ignores the fact that the work of unions directly benefits millions of people who are not members.

“Concepts like unfair dismissal laws, penalty

bargaining, safe workplaces and the belief that workers have a right to be treated with dignity in the workplace are still embedded in the Australian DNA. “There are many people in Australia – I would say the majority – who don’t

of assets we should be holding in trust for future generations and the cuts to our public health and education systems.

“They do not accept that our future is longer hours, less security, lower pay and inequality.

“I believe the role of unions has never been more important.

We are fighting for a society that respects fairness, and which does not leave the vulnerable behind.”

ACTU President Ged Kearney.

rates and paid leave actually remain popularly important, despite the best efforts of employer groups to demonise them.

“More broadly the values of fair play, collective

see their values reflected in the rhetoric they hear from business.

“They want us to live in a functioning society not just an efficient economy. They question the privatisation

Jan McMahon with ACTU President Ged Kearney

“I believe the role of unions has never been more important. We are fighting for a society that respects fairness, and which does not leave the vulnerable behind.”

P10 PUBLIC SECTOR REVIEW SEPTEMBER/OCTOBER 2012

Workcover Enterprise Bargaining Negotiations are under way for a new WorkCover Enterprise Agreement. The previous agreement formally ceased operation on the 27th of March this year although the provisions contained in that agreement continue to apply.

Negotiations between the PSA and WorkCover management have involved a number of meetings of the Single Bargaining Centre which includes staff representatives. The PSA submitted an 18 point Log of Claims in May. Major points in the Log include: A fair and reasonable salary increase for all.

Improvements to classiďŹ cations including reduction in pay points.

Protection of existing conditions.

Flex arrangements to be clariďŹ ed and made more uniform.

Higher Duties allowance to be paid for any periods where higher work is being performed.

Improvements in personal leave, bereavement leave and paid maternity/adoption leave provisions.

Reform of the Grievance Process to make it more transparent.

Whilst the negotiations have led to general support for many of these items, there are major sticking points.

4HE PAY INCREASE OFFERED IS per annum. This has been rejected by members as being inadequate.

Flexitime arrangements have

been reviewed with the stated aim of providing more consistent application across the Corporation.

However, many complaints from members have shown that this aim is still a long way from being met.

The claim for a reduction in pay points has some management

support. However this is being tied to a reduction in redundancy beneďŹ ts. The concept of such a trade-off has been rejected by members.

Negotiations continue but a draft agreement seems a long way off.

PSA/CPSU (SPSF) SA BRANCH TRADE CONCESSIONS Please find listed some new additions to the PSA Trade Concession Program for 2012/13, please visit http://cpsu.asn.au/membership/trade-concessions for the full list of Trade Concessions available. To obtain a discount, you need to produce/mention your current membership card at the time of purchase and request the PSA discount.

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ATLAS EVENT & PARTY HIRE

ABERFOYLE HUB FLORIST

Event Hire 156 Edward Street, Clarence Gardens SA 5039 Contact: (08) 82972366 Email: sales@atlasevents.com.au Web: www.atlasevents.com.au $ISCOUNT /FF ALL (IRE )TEMS Exclusions: Delivery, Collection and Labour Charges

Florist, Flower Arrangements, Bouquets & Delivery Shop 59 Aberfoyle Hub Shopping Centre, Aberfoyle Park SA 5159 Contact: (08) 82701811 Web: ďŹ rstchoiceowers.com.au $ISCOUNT ON ALL PURCHASES Exclusions: DCC DS RS

FLOWERLICIOUS OF ADELAIDE

STARLIGHT CHRISTMAS & PARTY SUPERSTORE Christmas, Party Goods, Costumes & Accessories 202 Henley Beach Road, Torrensville SA 5031 Contact: (08) 83540545 Email: heidia@ozemail.com.au $ISCOUNT Exclusions: Not available on Helium Balloons and Sale Items NS NAS DCC

Flowers & Delivery Contact: 1300 720573 Web: ďŹ rstchoiceowers.com.au $ISCOUNT ON ALL PURCHASES Exclusions: DCC DS RS

MORPHETT VALE FLORIST Florist, Flower Arrangements & Delivery Shop 62 Collonades Shopping Centre, Noarlunga Centre SA 5168 Contact: (08) 83843953 Email: owerliscious@bigpond.com Web: ďŹ rstchoiceowers.com.au $ISCOUNT ON ALL PURCHASES EXCEPT )NTERmORA Exclusions: DCC DS RS

PUBLIC SECTOR REVIEW SEPTEMBER/OCTOBER 2012 P11

Breakfast kit included, 250m to Granite Island, 3.5Km to Endeavour

CLASSIFIEDS

Bay, Close to all facilities. For Further Inquiries or to make a Booking

FOR SALE

Call DIANNE on 0406 705 071 OR/ MICHELLE on 0414 088 301

For Sale - BACK PACK - BRAND NEW, Nitro Day Pack “Black Diamond” Orange Colour, 35 litres, purchased from Scout Outdoor Centre. ONLY $60. Please phone Karen 0429 089 256

Pricing From $100 per night (4 people) off Peak. **Prices subject to change during Easter long weekend MARION BAY YORKE PENINSULA -Wywurry Beach House

For Sale - Sony PS Vita (Wi-Fi). Brand new, unopened, won in competition. $275 ONO. Ph: Jeff on 0433 271 952 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.

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.

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.

HOLIDAY ACCOMMODATION 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 p/n.

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: 8357 0587 or 0439 800 978

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.

ADDITIONS KMart Gift Cards Ray’s Outdoors Gift Cards.

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).

Supplement Superstore 280 Port Road, Hindmarsh 5007 Present your Membership Card at time of purchase to receive 10% rebate on all products.

Not valid on special prices.

Adelaide and Suburbs The Pavilion Restaurant Country Comfort International Mt Gambier

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 BLACK DOGZ SHACK

living with views over scrub, the salt lakes and Innes National Park.

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

Quality modern furnishings and fittings throughout. Features include:

“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 oceanbreak@dodo.com.au

Opera choruses to modern musicals and be a part of a group of people

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,

Jubilee Highway West, Mount Gambier 5290 Valid Dinner: 7 nights. One complimentary main course with the payment of a main course of equal or greater value.

Underdale Cellars 185-187 Holbrooks Road, Underdale 5032 Save 10% when purchasing a minimum 6 bottles of wine.

Excludes advertised specials. Membership Card must be presented at time of purchase.

Kangaroo Island Kangaroo Island Fresh Seafoods 26 Telegraph Road, Kingscote 5223 Valid Lunch & Dinner: 7 days (when open). Save up to $18.00 off one main course with the payment of a main course of equal or greater value. Valid eat-in and take away meals.

ALTERATIONS Amante Jewellery Visit our online store, register your customer details and select AMB as your membership group to receive 15% rebate on all our already below retail price jewellery including our hot specials. You will also receive a bonus offer of a $15 E-Voucher to use with your next purchase.

INFO BY EMAIL

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 jenny@thebatesnet.com.

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 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.

DISCOUNT INK Save 10% on all compatible printer ink cartridges. Save 5% on genuine brands. Use promo code AMCARD at online checkout or order by phone on 1300 726 106. Free delivery for all orders over $99.00.

GO GOLFING Call 1300 552 855 and mention your Membership Card WR UHFHLYH *R *ROÀQJ PHPEHU UDWHV :KHQ ERRNLQJ DQ e-voucher will be sent to you or the club directly.

Legs 11 now called: Sassy Legs Enter promo code SASSY AMB at checkout to save 10% on all merchandise, delivery charges excluded. Not valid in conjunction with any other offer.

Roaming SIM Offer valid for online orders only.

DELETIONS Virgin Australia Page 15: Wallis Page 50: Page 67: Page 106:

Chelsea Cinema – no longer leased to Kurrajong Restaurant (closed) Paradiso (closed) Peesey Park Cottage

FEDERAL WEBSITE CPSU

[[[ GTWY WTWJ EWR EY 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 enquiries@cpsu.asn.au with the details and your membership record will be updated.

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: lgruit@spsf.asn.au.

P12 PUBLIC SECTOR REVIEW SEPTEMBER/OCTOBER 2012

-J ]SY NSMR E RSR QIQFIV MR ]SYV EVIE RS[ YWMRK XLI JSVQW FIPS[ XLI] ERH ]SY [MPP UYEPMJ] XS FI MR E HVE[ JSV E [IIOIRH IEGL EX E 47% '479 LSPMHE] LSQI 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 03! SUBSCRIPTIONS ARE OF YOUR SUBSTANTIVE BASE SALARY PLUS '34 TO A MAXIMUM OF THE !3 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

Home address _______________________________________________________________________________________

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.

Employment details Dept/agency _________________________________________________________________________________________

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 _______________________________________________________________________________________________ Full time

Part time

Casual

Signature/s

____________________________________________________________________________________

Date

____________________________________________________________________________________

Total hours worked per week______________________ Classification (eg ASO 2) ____________________

Member’s name ____________________________________________________________________________________

Occupation _________________________________________ Increment____________________________________

Address

____________________________________________________________________________________

Annual salary ______________________________________ Referred by __________________________________

Account name

____________________________________________________________________________________

BSB number

___________________________________

PSA Membership I hereby apply to join the Public Service Association of SA and agree to be bound by the rules.

Accounts

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

Signature ______________________________________________________________ Date ___________________

I wish to pay half yearly

I wish to pay annually

Credit Card

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)

Account number _____________________________

Card number

â–Ąâ–Ąâ–Ąâ–Ą â–Ąâ–Ąâ–Ąâ–Ą â–Ąâ–Ąâ–Ąâ–Ą â–Ąâ–Ąâ–Ąâ–Ą

Cardholder’s name ________________________________________ Expiry date ______________

For any further information call the PSA on: (08) 8205 3200 or freecall 1800 811 457

Card type

Bankcard

Mastercard

Visa

Signature ____________________________________________________________________________________________

Review

PSA Training Program 2012 go to www.cpsu.asn.au/training s 0UBLISHED SIX TIMES A YEAR

Review R w w e e e i v i v i e v e w e R Premier M R Restorin eeting PUBLIC

SECTOR

PUBLIC

PSA General

PUBLIC

SECTOR

PUBLIC

R SECTO

Secre

June 2011

SECTOR

www.cpsu.as n.au

2011 st 2012 ary Augu Febru

www.cpsu.asn.a

u

s &ULL COLOUR PAGES

More To Do! Major Win, But au

www.cpsu.asn.

has ’s first Budget Treasurer Snelling le in many respects. been remarkab had got it

s $IRECT MAILED

s 2EGULAR FEATURES s 4RAVEL AND ENTERTAINMENT

nt the Governme Admitting that in its 2010 to some matters wrong in respect . itself signiďŹ cant Budget was in Loading to restore Leave Being willing was important. to job security how and recommit highlight just These decisions by unions PSA led campaign the successful y has been. and the communit constantly members have Thousands of visits to MPs, public rallies, other participated in and numerous community protests activities.

Foley former Treasurer The actions of in removing Government that and the Rann of employment negotiated conditions , Awards and by legislation nted. were protected ts was unprecede in that Enterprise Agreemen could have acted No other employer Cutting 3750 away with it. manner and got pain. the to jobs added

by PSA and other The strategic response nted. unprecede also was ing unions that the underpinn not Recognising nt was of the Governme political decision by a quick industrial likely to be reversed

SUBSCRIPTIONS E THAN ANNUAL 03!

NED VALUE IS MOR s 2,, TO BE RETUR COME

ECURITY REMOVED ANTS CHEAPER OUT s 4HREAT TO *OB 3 D D 'OVERNMENT W T 03! HAS SECURE ACE ,3, PROPOSE BE NEGOTIATED BU s 0ROCESS TO REPL LENT VALUE 3TILL TO 03! WANTS EQUIVA

*ULY DEPLOYMENT OPERATIVE DATE OF OF GOVERNMENT RE TAILS URPLUS STAFF n DE DED BETTER WHOLE s 03! HAS DEMAN ACANCIES TO TAKE S E AGENCIES WITH V PROCESSES TO FORC W OW AS BEFORE NOT NE IS SAME TO BE NEGOTIATED N ELECTION CURITY AFTER TO EACH ELECTION s 4HREAT TO JOB SE LITICAL PARTY PRIOR TO EACH MAJOR PO 03! ALWAYS GOES ED REDUNDANCIES ITMENT OF NO FORC IS RESULT SEEKING A COMM N HAS ACHIEVED TH OME IPATION IN CAMPAIG USTRIAL ACTION BY S s -EMBERS PARTIC AS SHORT TERM IND AS WORKED WHERE

s 03! STRATEGY H E HAD LESS IMPACT GROUPS WOULD HAV

ies s, PSA is to no forced redundanc In any discussion as February 2010 about its proposal. must be of strategy was of its next term? any such scheme longer term the for the duration demanding that lost LSL. campaign, a jobs be cut when those who have and How could 3750 equal value for developed. extensive Australia was growing and difďŹ cult campaign, included ? population of South strategy It has been a long The the success services was increasing the community is not over, but members and the need for public and one which of the involvement of betrayal felt decision to restore tes the success the sense of The 2011 Budget to address and recognised to date demonstra goes some way conditions some Loading by many. to by PSA strategy.

PSA by restoring Leave of the Budget conditions agreed the conditions issues, How could Enterprise There are aspects but has not resolved be the subject protected in an and Job Security, and which will certiďŹ ed Government and concerns. disagrees with, had only been , but the new Treasurer Long Service Leave in proposed Agreement that with of ongoing campaigns negotiating group be suddenly removed a A senior level right to disagree in January 2010 will examine recognises our be paid nt, however, same year?

by Governme recognition must d workers.

September of the Leave s to Government. Due retain experience Long Service full for his willingnes mechanism to pursue Act How could to Snelling Sector continuing to Treasurer in the Public PSA, while campaign and and to act. entitlements protected be removed?

LSL through its genuinely listen nt 2009 suddenly restoration of only passed in with Governme talk threatened will be security High Court case, How could job as recently had committed when the Premier

gh Court Proceed in Hi PSA Case to have the High Court Two Judges of a full PSA case for referred the Judges) Full Court (7 hearing by the fixed. on a date to be

Industrial decision of the Following the

MORE JOBS TO GO

s .EWS AND VIEWS

AT A GLANCE

Page 3

it did on of SA that Relations Commissi to hear PSA’s case in n not have jurisdictio conditions loss of protected judicial relation to the PSA sought a in last year's Budget, Court. review by the Supreme only the Court ruled that The Supreme

MAY DAY MARCH

Page 6

matter. determine the High Court could the High application with PSA lodged an

y.

Court accordingl and will now hear The Full Court granting leave the question of determine both

Page 7

really employment that beneďŹ t of

to turn its back on that agreement and its employees and literally change the rules. “Only a Governme nt as an employer can do this, and it raises very serious questions about the validity and worth of any future agreements made last Budget, when he slashed with any Government.� long service leave, cut leave loading and The manner in threatened job security, he also which the Governme drastically chose to legislate undermined the nt away agreed working whole basis of good faith rights and entitlemen negotiations. ts is the subject of a PSA High Court challenge.

By destroying that process – by stripping away rights and The outcome entitlements agreed of that challenge inevitably have the Governme to by will nt only months a bearing on how future before, and negotiations are ďŹ nalised in an conducted.

Enterprise Agreemen was certiďŹ ed t that Alternatives to by the Industrial the previous Enterprise Relations Commission, he Agreement process created a signiďŹ cant may involve arbitration problem for future negotiation by the Industrial Relations Commissio s. achieve legally Negotiations for n to binding outcomes, the next EB are due to start early next and to allow for considerat year with an agreement ion of the value commence during due to of lost entitlements.

2012.

The PSA is giving This would be consideration a time consuming to to approach adversarial approach, and any future negotiation how but would result s, and examining future legally binding in a options.

Award. “Once you have Also, arbitration a situation, where may be a means union on behalf a applying a value of of its members to speciďŹ c entitlemen negotiated an has and can be proven ts agreement which to have a value is signed off by both sides, – that is, if elements of in good faith, an overall agreed under all applicable law, package (e.g. tenure) are you would expect removed, compensat that to stand.â€? ion is required. “What has Arbitration, happened is unlike an that the Government, Enterprise Agreement, does a few months “The change not require the later, decided in Government consent of the employer to leadership may have an impact the outcome. on relations and potential negotiations.â€?

or the fact e Court has doesn’t change out of pocket now The Suprem an sion for of their members are granted permis following because of the actions heard, ns employer. appeal to be is against ial Relatio and That clearly the Industr ining parking negotiations Court determ arrangements the spirit of ents. and fees on of agreem from the actual issue a conditi the Apart are not ed by an by the Court, have protect with dealt employment will now Agreement. the health system related issues if Enterprise that deal with er of

The Governme nt’s new leadership have the opportunity to restore trust and move forward positively.

Public Supp ort for Publ ic Sector

A majority of South Australians have a positive view of the work performe d by the Public Sector, new research shows.

And many would

the substantive be heard, and be happier to see for the case to rise, rather than taxes usly. services and jobs case itself simultaneo cut. favour The research was rules in the PSA's conducted by Dr If the High Court back to Whelan, Public James Service Research will refer the matter the High Court Australia the Centre Director of for Policy Developm Court of South the Full Supreme ent. for determination.

REGIONAL ANGER GROWS

g

Former Treasure r, Kevin Foley destroyed “good faith� for future enterpris in negotiations e agreements the day he moved to cut agreed rights and entitlements by law rather the enterprise bargainin than through g process.

In his

ision TrusHtospital Parking Dec August 2011 au n u asn.a www.cpsu.

EXPERIENCE MUST BE REWARDED Page 5

He found that despite many politicians making “a sport of kicking public servants� the community has “positive attitudes the public service towards and would like strong, healthy to and sustained service�. see a Dr Whelan’s research looked years of attitudinal at surveys and found 20 consistently throughout that, that time, people wanted to see services well funded.

NO SHIPPING CONTAINERS

Page 7

“In fact, one of the interesting ďŹ ndings was that when people were asked if they wanted to pay more tax in order to increase the funding available for public services, health and education like and so on, the majority of Australians supported that,â€? he said in a media interview.

Dr Whelan said that an examinatio n of

commentary on the Public Sector contained in Hansard, the ofďŹ cial record of Parliament, revealed that three quarters was negative derogatory. or “It’s really curious to contrast attitudes expressed the by politicians towards public service, the and attitudes of the general community.â€?

SA GOVERNMENT SUPERANNUATION FEDERATION AGM

SA Can’t Afford

argued to The PSA be an employ fees on it wants to of parking imposition litan health choice. at metropo going to stealth, members of staff is a pay cut by Retention future, critical in facilities was the clause of the d be even more not only suffer recent State and breache which protected staff Budget delive shift as hospital a mix of bad Agreement n, but many ns. had not been and good news. red a pay reductio streets as they existing conditio it was a cut walk dark A cut of need to mainta willing to accept the workers vehicles argued of PSA 1000 jobs from their not be allowe conditions “efďŹ ciency and a new travel to and to avoid the new couple of yearsin a deďŹ cit for the next existing dividendâ€? d in site instead of i.e. budget of cutting moreto be a backdoor means were the bad parked off a surplus. aiming for cut that employment. news items held jobs. the Court charges.

Sector. for the Public “If Depart Executive, “However, “If that had condition Chief has The was not a a start cutting ment or Agency heads The good news job cuts would been the case, then the car parking of Health, ent rather it was staff to ďŹ nd be ment, Departm we need to Retention Provisi was the win of a new .â€? of employ no steps woulde or and the impact have been much harsher rs enjoyed know about this money, advised that on community possible so to introduc it as soon beneďŹ t membe outcome after on – a very pleasin will mean much more at present we can put as services appeal g taken decision prolong the dire.

The a stop to it.â€? ed negotiations working pending (see separat The meetin its and other increase fees e story). be has reserved that this, following resolutg also passed need to Regarding outcome Healththis if the appeal the the arrangements, future wages and ion: job change cuts, the PSA has advised in right to iously. addressed heard expedit negotiations. meetings and Government – both can not be n conditions in via the media was a conditio to jobs are Whether it unsustainable. – that cuts the “We can’t afford Sector into Public to lose the worker Public Sector from s,â€? Public valuable staff ent. interviewed General Secreta Service Association or retirem on being to attract people private sector ry Jan McMah Jan McMah struggling PSA Gener r media on said. l Secretary “Morale is al Secretary, “We are already PSA Genera ment. Regula as well faltering, are growin Jan McMa for Govern workloads workers to work g, the whole hon Public Sector Increasing system is is not helping breaking point. attacks against n cutting, the “efďŹ cie at ncy dividen – spending and conditio The PSA as budget dâ€? cut ng recognises that.â€? “That this meetin departments – from 0.25% to 1% for Jan McMaho Sector followi global econom the to reverse will also severel g of PSA Worksi for n with Premier of the Public Representativ ic conditions difďŹ cult future, the scope of In defence calling, again, nationa g for the te es express and needed service y reduce l reduction a er, plannin at further job media reports es concer on wrote in GST revenu the people in need s and leave Foley 2010 will be enough string of Any employ McMah a n there Ms It notes, es. behind.

Budget in of jobs, however, that sure that Government cuts, but notes that expansion. by partisan conditions winning back Meetings of a slashing ser. must make the economy is the Australian has chosen a change and n of employment.â€? aphs public attacks The Adverti against rather than cope with deďŹ cit Budget Regular were held at Worksite Representative column for with photogr all other faring well against proper retentio people to community even s The PSA have is placed, greater ers the busines s almost urge pointed ees PSA and regiona and service nations and of the recognised cuts to jobs Prominently the article day after the who now Wise employ miss the point. segments s.

Sector employ signiďŹ cant indicators for that it was lly the Budget was protest actions, in Public Sector place. Those workforce will s completely of Public that Govern the future are economic in coming ees are “This meetin delivered. from recent Retention policies in PS job number ment is willing Reps were to accept a big issue to cut its a true crisis PS employ bright. lack We be a the our ment g to don’t is at deďŹ cit Budget welcom announcement live in a while out where the Govern cry out when in an shaping up all feedback asked to ensure that The reality . understand vacuum, we population, lies.

Sector of a new es the “The PSA the ďŹ rst the years. regarding the results that.

Provision with employment is our entire in Public be among played an inuen Retention d massive n policy the job and months and the impact of recognising ageing, as in services e retentio is a crisis that. is a projecte two,â€? already agged avert We budget tial role are Budget provide adequat there has recogn “There contrib to of cuts ows to time submissions ise that the the PSA. ution PSA membe the valuable The PSA In fact there the same Government back to that cuts of have been must be done inability of public sector rs make to the that more employment. thousands and pointed out worse if the cuts could population. economic in future. very brisk. on page 3.....

They were Government growth in and the South jobs is not stated. thousands of Government infrastructure is already steps we will Continued amidst altered and staff rapid column commu in crisis for the Australian years only answer nity. that the “efďŹ cie particular advised taking some a looming Competition ional and in coming s. . “Without Future meetin of profess ncy dividen and demand dramatically tions, “Members projects see a drain ns negotia conditions dâ€? should are to be congra It will increase actions needed gs will decide further and mining continue to and conditio to ucture for up wages their campai lead infrastr tulated During as a result and in the as major Budget as gn efforts Ministers continue since the the true impact of this PSA will meetings with come on stream. ever more becom Budget, the plain.

State es the next issue. t this vital to highligh

HIGH COURT BATTLE

FRONTLINE MEETING FOR MINISTER

Page 4

PSA MEMBER LIA IN AUSTRA S DAY HONOUR

Job Cuts

“It is easy for jobs and mon politicians to simply say is what servi ey. What they need to com we will cut ces they will be slashing as e clean about a result.�

n Vital Retentio

Page 6

Page 8

A June 2012

The PSA leadership team met with

Premier Jay It was made clear to the week after the Weatherill in the that this would Premier latest State in the deliver create severe difďŹ culties Budget.

The PSA y was represe statements, an unsustainableof services and have meeting by nted at that not Preside impact on simply cutting by Chief Executives for members.

General Secreta nt Lindsay Oxlad, workloads more jobs.

The Premie ry Jan McMa r is aware The PSA also and Chief He was also hon background Industrial of the advised that to these negotia was closely from the Budget discussed a positive OfďŹ cer Peter Christopher. the PSA ill-will created tions and the of the “efďŹ ciemonitoring the impact the new retentio – the introduction of by the 2010 Grave concer Foley Budget ncy dividen n scheme. “It is importa ns budget were . dâ€? – i.e. the Premie expressed cut. The PSA nt that this Enterprise Bargain r about the to willing to Premier is clear that these has additio ing was discuss job cuts that have these with the savings must made it discussions ed had been announnal 1000 PSA the PSA,â€? by genuine acknowledging be made with PSA ced. this process efďŹ ciencies that changes consist McMahon said. General Secretary Jan or was underw ay with the ent with the program Government Treasurer’s agreeing to “Full and continuation a Single Parity frank discuss of Agreement. essential at ions are the highest levels this does not happen again.â€? to ensure The

RETENTION WIN

MENTAL HEALTH CRISIS

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