VTA HR Conference 2007
17 October 2007
Matt O’Connor
Director Public Sector, Industrial Relations Victoria
Industrial Relations Victoria
Victorian Government policy
Workplace Rights Standard
Comprehensive safety net
AIRC’s role
Balanced collective bargaining
Freedom of association
Unfair dismissal rights
Equal pay for work of equal value
Work and family balance
Industrial Relations Victoria
Agreement content
Prior to Work Choices:
Mandatory requirements for certifying agreement
AIRC scrutiny of NDT and other matters
S170LI (Electrolux) – content must pertain to employment
relationship
Industrial Relations Victoria
Agreement Content
Work Choices:
Prohibited content (in regs)
Equivalent to old s170LI in regs
No AIRC scrutiny of agreements
No NDT (but now a Fairness Test)
Agreement operates from lodgment
Prohibited content can be severed
Industrial Relations Victoria
State public sector safety net
Public Sector Employment (Award Entitlements) Bill
Protect existing award safety net
Fairness test (like old Federal NDT)
Workplace Rights Advocate role
Amendment in Public Sector Acts (Further Workplace
Protection and Other Matters) Bill – prohibition on offering
statutory instrument (other than collective agreement) that
materially departs from collective agreement or award
Industrial Relations Victoria
Impact on Vic Public Sector
Continue to negotiate collective agreements
VPS Agreement renegotiated March 2006
“Third” round of bargaining – police, teachers,
nurses
Advice to Depts and agencies on new laws
Alternative instruments for prohibited content
Policies on use of new/revised bargaining
provisions
Industrial Relations Victoria
Wages policy
Guideline rate of 3.25% per annum, made up of:
2.5% centrally funded to keep pace with projected CPI
Up to a further 0.75% for service delivery improvements
Increases above 3.25% in return for productivity
cost offsets
Industrial Relations Victoria
Bargaining process - issues
Termination/suspension of bargaining periods
No paid rates grounds – only health, safety etc.
Vic Police application
Pattern bargaining
Third party rights
Secret ballots
Police, teachers, nurses
Different approaches from AIRC – vote on all action
together or divide types of action
Industrial Relations Victoria
Content - issues
Comprehensive agreements – avoid calling up
Duration – now 3-5 years (police 3yrs, 9mths)
Process for seeking advice from OEA, lawyers
Employers seeking advice on
Dispute settlement procedures (standard clause in policies)
Protected award matters
Prohibited content
AFPC standards
Industrial Relations Victoria
Third Round
Police
in principle agreement reached with TPA
13.25% baseline increase over 4 years
Classification structure adjustments
Increased flexibilities, inc fixed-term, part-time, rostering
Commitment to reduction in crime rates
To be voted on by police officers (ballot closes Oct 23)
Industrial Relations Victoria
Third Round
Teachers
Current agreement expired 6 Aug 07 (but no new increase
before 31 Dec 07)
AEU seeking 10% per annum, plus conditions
improvements
Negotiations continue with AEU and APF
AEU members voting on secret ballot for protected
industrial action – all-day stoppages, 4-hour stoppages
Industrial Relations Victoria
Third Round
Nurses
Current agreement expired 30 Sept 07
ANF seeking 18% over 3yrs, plus extension of nurse/patient
ratios and other improvements
Employers seeking increased flexibility with ratios, shift lengths
Negotiations continue with ANF, HACSU etc.
ANF application for secret ballot order dismissed (ANF advised
AIRC that seeking multi-employer agreement)
ANF stop work meeting Oct 16
Industrial Relations Victoria
Federal policies
ALP
10 national employment standards – Transition Bill early 2008
Award modernisation – 10 matters (AIRC to commence Jan 08)
Fair Work Australia commences operation 1 Jan 2010
More flexible common law agreements for those on more than
$100K – standards apply, but not awards
New flexibility clauses in awards and agreements
Existing AWAs to operate for full term
Secret ballots to be retained
Access to orders against unprotected action retained
Industrial Relations Victoria
Federal policies
Coalition – no change
More guidance from WA on prohibited content
Secret ballot provisions clarified in AIRC?
Third party/Federal Govt intervention?
Award simplification
Industrial Relations Victoria
Summary
Collective agreements (“business as usual”)
Bargaining policies reviewed
Alternative instruments
Added complexity
Major bargaining round under way
Industrial Relations Victoria