Update on Temporary Employment (pdf version)
The PSA has received a letter dated 17 December 2014 from Pam Christie, Managing Director of TAFE, concerning temporary employment. This is in response to a meeting with TAFE to discuss the issues in dispute at SWSi.
TAFE maintains that:
- the contracts issued to temporary staff for “term-to- term” are valid and in accordance with clause 17 of the enterprise agreement; and
- employees can be temporarily engaged for one term and that work is primarily available temporarily in term time.
Recreation leave for “term-to-term” temporary employees cannot accrue but is paid out at the end of each contract.
PSA requested a review of all temporary contracts as part of the dispute. TAFE advises that:
- the review has been completed;
- 114 “term-to-term” contracts were identified;
- none of these 114 can be converted to ongoing employment;
- the positions of 26 full-time temporary employees cannot be converted as SWSi cannot confirm there is ongoing work available due to current restructuring and the need to prepare for the future challenges of “Smart and Skilled”.
- 15 employees are not eligible for conversion as they do not satisfy the merit criteria of open competition;
- open competition requires external advertising of a position.
the remaining 73 contracts are for a temporary purpose such as providing additional assistance in term time only.
The PSA advocates that:
- those employees who satisfy the “conversion” criteria should be permanently appointed;
- the TAFE view that open competition requires external advertisement is too restrictive;
- the 73 contracts are not for a legitimate temporary purpose in accordance with clause 17 of the enterprise agreement;
- many temporaries are being employed in rolling contracts in ongoing positions.
The PSA is being consulted on the Customer Service Management Review and Class Support Review at SWSi and (although there are a number of issues that are outstanding) the PSA wants temporary employees to be included in the process of filling positions where vacancies exist in the new structure.
The PSA will respond to the Managing Director’s letter and request further consultation on workplace change and more accurate information from SWSi on the process of conversion.