FWC mapping dispute conciliation, CPSU NSW v TAFENSW (pdf version)
In April we outlined that the union was in the process of escalating our unresolved mapping/matching and consultation dispute with TAFE NSW to the Fair Work Commission, in relation to its reorganization of the SSB and FML. (see bulletin).
CPSU NSW lawyers’ argument was based on whether TAFE is required to provide to the CPSU NSW information relevant to the methodology used to match/map roles affected by the Restructures, and whether the position descriptions used to match/map employees needed to be accurate and up-to-date.
CPSU NSW sought the following orders from the Commission:
(a) TAFE NSW is to provide to the CPSU NSW the mapping methodology information it intends to rely on to match/map roles affected by the Restructure;
(b) TAFE NSW is to ensure the information about each employee’s role affected by the Restructure is accurate and up to date;
(c) Until such time as the information referred to in (a) and (b) above has been provided by TAFE NSW to the CPSU, TAFE NSW is take no further action likely to exacerbate this dispute, including no further action in relation to the Restructure, in accordance with clause 8.11.3 of the Enterprise Agreement.
The parties appeared before Commissioner Johns on Thursday 10 June.
The Commissioner accepted that TAFE had provided all the mapping methodology information it had. Although the Commissioner remarked with words to the effect that some PDs from TAFE NSW were ‘’not current” or “present”, he accepted that TAFE NSW staff had been given the opportunity to have their roles reviewed by way of a PD Addendum.
Importantly, the CPSU NSW was able to enter into separate conciliation with Commissioner Johns before the hearing concluded, in which our lawyers stepped him through the background and substance of the dispute. The Commissioner offered hypothetical suggestions to the CPSU NSW Industrial Officer regarding where future disputes may lie – i.e. with individuals or classes of staff who have had specific issues – including mapping – which have failed to resolve via a consultation process.
Commissioner Johns then raised three issues with TAFE which we came back into a joint conciliation discussion session for:
The lawyers representing the CPSU NSW members advise that this was a good outcome in the end, and were satisfied Commissioner Johns now understood the lay of the land with this dispute.
Further, he articulated that he understood the CPSU NSW was using the Fair Work Commission in order to achieve a more transparent and equitable restructure process, generally.
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CONTACT THE CPSU NSW
Industrial Officer
Matthew Drake-Brockman
Your CPSU NSW delegates
Southern Region
Wollongong
Leeton
Wagga Wagga
West Region
Parkes
Dubbo
North Region
Gosford
Newcastle
Tighes Hill
Hamilton
Cessnock
Coffs Harbour
Port Macquarie
Wollongbar
Sydney Region
Ultimo
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Hornsby
Western Sydney Region
Campbelltown
Richmond
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Strathfield
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