Without Prejudice
20 March 2000
Ian Gallaway
CPSU - Industrial Officer
PSA House
Clarence Street
SYDNEY NSW 2000
Via Fax (02) 9262 1623
RE: CPSU LOG OF CLAIMS FOR GENERAL STAFF MEMBERS
Dear Ian,
As discussed at our meeting of 22 February 2000 and subsequent teleconference on 29 February, please find detailed below our response to the CPSU's log of claims regarding the current round of enterprise bargaining.
Salaries
The University can confirm our offer of a 10% increase to general staff salaries over the life of a 36 month agreement. Salary increases for general staff are intended to have parity with academic staff at University of New England. This offer will be subject to achievement of meeting organisational targets for 4% of our claim. These targets will be determined for the University overall.
The CPSU claim for a $1,000 sign on bonus is not sustainable against current finances of the University. This is due to the impact that such a claim would have on our existing cash flow.
We believe however, that our 10% offer is competitive with the CPSU's claim for 9% and can be structured to be sustainable by the University. We ask that the CPSU continue to work with us to find solutions for the best possible salaries to reward our staff without negatively affecting the operations of the University.
Protection of Employment Conditions
As you are aware the University has reached agreement (outside of enterprise bargaining discussions) with the CPSU regarding an institution-specific Award covering general staff. This Award is being made as part of the item 51 review and section 89A award simplification process. The new award codifies all forms of leave for general staff. Our intention is that the new enterprise agreement will be read in conjunction with the new Award. In this way it will not be necessary to include all leave provisions.
We note however that the CPSU has claimed for five weeks annual leave. Presently we do not feel confident that this request can be achieved but wish to continue discussions to see if we can find a solution or alternative opportunities.
We have also provided the CPSU with our draft agreement for further development and discussion which includes many of the items claimed by the CPSU and has been written following review of the 1998 enterprise agreement. The draft provides for the agreement to be read in conjunction with UNE general staff employment policies as at the date of certification of the agreement or as varied by the University after consultation between the parties.
The University and the CPSU agreed to contract of employment conversion procedures on 11 August, 1998. In our opinion, these procedures have been very effective and have resulted in a large number of contract conversions since that time. The University would agree to these procedures being codified in the agreement subject to some minor amendments to recognise the new institutional general staff award that has rolled in the HECE provisions.
Protection Against Exploitation
The University is keen to ensure that workloads are equitable, responsive, transparent, flexible, and relevant to the goals and objectives of the University. The University would welcome further advice regarding the CPSU's claim.
The University will be working on guidelines for workforce planning which is included in our draft for discussion. Some of the issues that may be included in the guidelines will assist in controlling workloads and ensuring that other entitlements such as annual leave are managed effectively. Examples of such issues may include:
Workforce planning will ensure that staffing adjustments can be made in an organisational context. This will also ensure appropriate duty statements are determined before adjustments are made.
The University does not believe that more committees will be required for the purpose of reviewing staffing levels.
Any disputes would be settled through the grievance and disputes settling procedures included in our new award.
Should staffing adjustments result in the down grading of a position, we believe that the appropriate terms and conditions included in our draft agreement for discussion should apply which may include salary maintenance until such time as existing rates are overtaken by rates included in the agreement. In principle the university is committed to equal pay for work of equal value.
Conditions of Employment
1. Hours of Work
Our new award sets out provisions for the ordinary span of hours of work. We would wish to pursue greater flexibility in some areas, particularly the residential colleges and matters associated with penalties and overtime.
2. Flexitime
We seek further clarification and examples of clauses that the CPSU wish the University to consider.
3. Career Development and Training
The University is committed to enhancing opportunities for career development and training.
Currently the university allocates equivalent of 1% of our total salaries budget to training. The University can not meet the claim for 2% in our current financial climate. Similarly we can not commit to accumulating such funds.
Currently the University does pay fees for General staff undertaking required training or further studies related to their work where such training or courses are identified as priorities in the University's Goal Setting and Performance Review and where funds are available. The current arrangements provided for in the 1998 enterprise agreement satisfy the University's requirements.
The CPSU's claim for Career Development Leave does not appear to be sustainable as written. Further advice on the CPSU's proposal is required.
4. Allowances, Reimbursements and Registrations
This claim is ambiguous and requires more detail.
5. Allowances
Allowances are identified in our new award. The claim by CPSU requires further details.
6. On-Call
The University has an On-call enterprise agreement for staff in ITS. We do not wish to change this agreement which was certified last year. However, the University welcomes discussion to determine on-call provisions.
7. Classification Promotion Matters
The University acknowledges that the current HEO structure was established through a process of broadbanding. We propose however, that the parties consider the process of linking classifications. The University will draft a document which will appropriately set out our position on this issue.
Movement within salary points will continue to be subject to satisfactory performance in accordance with the decision of Commissioner Smith.
The University sees no need for a review of the reclassification process but will consider options for rewards and recognition of superior performance.
8. Study Leave
The University is satisfied with our current policy on study leave within our current economic climate and circumstances.
9. Maternity Leave
The University agree to considering flexible working arrangements (including the possibility of part time working arrangements) to assist women on maternity leave returning to work where such arrangements can be facilitated on a per cost centre basis.
10. Quality Service Recognition
The University requires more information on the CPSU's proposal and request that a draft clause outlining your proposal be provided.
11. Family and Work
The University is committed to providing flexible working arrangements to accommodate work and family commitments where such arrangements can be accommodated. This is also identified in our draft agreement for discussion.
12. Part-time/Casual/Probationary Employees
These matters require further discussion.
13. Workplace Change, Redeployment, Redundancy and Severance
These matters require further discussion and must be considered against other conditions included in the enterprise bargaining process. We can not guarantee that there will be no redundancies during the next three years however, we can confirm that redundancies will only be made, as necessary, for organisational effectiveness.
The University intends to maintain its process of consultation with relevant staff and the union where a definite decision has been made to initiate changes that could have a direct substantial impact upon general staff.
The University proposes that redundancy provisions as have already been determined in award negotiations should prevail and may be included as a consent variation to the award once ratified if consent is reached with all parties.
Redeployment will remain the prerogative of the University. Our interest is to secure existing staff in employment where appropriate to the needs of the university. Similarly, the University reserves the right to transfer staff at their substantive HEO level.
The University will consider proposals by the CPSU for secondments to other Universities. We believe this could provide opportunities to enhance skills and provide staff with opportunities to expand their knowledge outside of Armidale in similar environments.
Any appointments within the University will continue to comply with the University's recruitment policies or in conjunction with workforce, succession and career development plans approved by the University.
14. Australian Workplace Agreements
The University will continue to offer, maintain and provide for AWA's to appropriate staff. Please be aware that it is the University's preference that AWA's would usually be read in conjunction with any new enterprise agreement.
15. University Governance
The University will continue to promote the General Staff Consultative Group.
16. Rights of Union Members/Unions
The University does not wish to include such matters in our enterprise agreement.
17. Comprehensive Disciplinary and Appeal Procedures
These procedures are a matter of University employment policy.
18. Mechanisms
The University does not agree that these matters should be included in the agreement but are more appropriately dealt with as policy matters.
19. Occupational Health and Safety Matters
The University requires details of the CPSU's claim. The University has already provided for OH&S and Risk Management matters in line with the University's Risk Management Plan. These details are included within our draft agreement.
20. High Duties
These matters have been resolved in the establishment of our new award including matters such as mixed functions.
21. Superannuation
The University intends to maintain the status quo with regard to existing superannuation entitlements.
22. Ballot Processes
The University can not agree to diminish our rights under the Workplace Relations Act 1996.
23. Grievance Procedures
The University believes that the procedures included in the new award are appropriate.
24. Dispute Settling Procedures
The University believes that the procedures included in the new award are appropriate.
25. Indigenous Employment
These matters are currently in operation or are part of University of New England policy. We do not believe that these matters belong in the final agreement but welcome discussion.
26. Child Care
The University can not financially accommodate this request at this time.
27. Equity Issues
These matters are included in University of New England policy and/or awards. We do not believe that these issues require renegotiation.
28. Other Claims
The University also reserves the right to add to, vary or amend items contained in our draft agreement document that was distributed to the CPSU and the GSCG and matters contained in this letter, as necessary, to conclude negotiations for a final agreement.
Yours sincerely
Christopher Serow
Manager, Industrial Relations and Workplace Change
cc. Peter Szacsvay
Frank Leayr