Sydney Institute of TAFE held a consultation meeting on 23 November 2015 with affected staff at the Ultimo Campus. It was outlined in their restructure proposal all the current 133 positions in the Directorate would be deleted and 84 positions would be created in the new proposed structure. No staff would be directly appointed due to current position descriptions being substantially different to proposed ones.
A PSA/CPSU members’ meeting was held on 1 December 2015. A dispute was lodged with the Institute on 14 December 2015. This was lodged due to inadequate timeframe for members to respond to the proposal after reasonable extension was not granted as requested, the failure of the Institute to agree to release members to work on the proposal, and questions sent to the Institute that were not answered in writing as requested.
As per the enterprise bargaining agreement, (EBA) both parties should meet within five days of the dispute. However this was not feasible due to delegates being unavailable over the Christmas season. A resolution was proposed to the Institute. On 4 January 2016, the Institute advised it would meet PSA/CPSU’s resolution proposal in order to resolve the dispute. This was agreed to by PSA/CPSU on 6 January 2016.
The PSA/CPSU response was sent to TAFE on 22 January 2016. We asked that expressions of interest for voluntary redundancy be made available, direct appointments to be made and argued that classifying positions as temporary when the duration is 3-5 years for Grade 7/8 and above is against Clause 17 of the EBA. We also argued the current Grade 7/8 position descriptions are not substantially different to the proposed position descriptions. Members put together a comprehensive comparison document to illustrate this, which formed part of the response.
We further argued that staff who have been acting in Grade 3/4 positions be directly appointed to the newly created positions. Members also prepared a document that compared what their role currently entails and what the proposed position description requires.
Legal advice was subsequently obtained in respect to TAFE’s proposal to create all jobs Grade 7/8 and above as temporary positions for 3-5 years. That advice confirms your union’s opinion this cannot be done under Clause 17 of the EBA.
A Notification of Dispute was sent to TAFE on 23 February 2016 as per legal advice received. Dispute meetings were held with TAFE on 29 February 2016 and 3 March 2016 with delegates in attendance.
TAFE notified there now will be some direct appointments, namely six at Grade 1/2 , five at Grade 3/4 and two at Grade 5/6.
TAFE will meet with affected Grade 7/8 staff and the PSA/CPSU is to provide detailed explanations as to how four reviews came to the conclusion that the newly created positions are substantially different to the current position descriptions.
PSA/CPSU is in negotiation stage with TAFE with a view to resolving the dispute. We are working directly with members to formulate our position.
If you have any further information or concerns about this matter, including any attempts to implement this proposal in advance, or stepping outside this process please notify your delegate/contact or PSA/CPSU staff as listed below as soon as possible.
If you have moved, have a new work email, work phone or work location please update your membership details HERE:
Leon Parissi Delegate
Simon Gray Delegate
Paul Townsend Industrial Advocate
Phoebe Dangerfield Industrial Advocate
Nathan Bradshaw Organiser