1. Director Public Sector, Industrial Relations Victoria
VTA HR Conference 2007
17 October 2007
Matt O’Connor
Director Public Sector, Industrial Relations Victoria
Industrial Relations Victoria

2. 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

3. Agreement content Prior to Work Choices: Industrial Relations Victoria
Mandatory requirements for certifying agreement
AIRC scrutiny of NDT and other matters
S170LI (Electrolux) – content must pertain to employment relationship
Industrial Relations Victoria

4. Agreement Content Work Choices: Industrial Relations Victoria
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

5. 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

6. 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

7. 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

8. 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

9. 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

10. Third Round Police Industrial Relations Victoria
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

11. Third Round Teachers Industrial Relations Victoria
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

12. Third Round Nurses Industrial Relations Victoria
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

13. Federal policies ALP Industrial Relations Victoria
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

14. Federal policies Coalition – no change Industrial Relations Victoria
More guidance from WA on prohibited content
Secret ballot provisions clarified in AIRC?
Third party/Federal Govt intervention?
Award simplification
Industrial Relations Victoria

15. Summary Collective agreements (“business as usual”)
Bargaining policies reviewed
Alternative instruments
Added complexity
Major bargaining round under way
Industrial Relations Victoria