Australian Institute of Marine and Power Engineers

( since 1881 )AIMPE

National Towage Industry Delegates

Conference

Sydney

Nov 12 &13 2013

Role of the Delegate

Nathan Niven

Union DelegatesUnion Delegates

• A unionised workplace, with strong Delegates presents a united front to employers wanting to exploit workers.

• Union Delegates hold a vital position in the Union. The Delegate has the key role of representing the hopes, aspirations and rights of their work colleagues.

• The Delegate can bring together the individual creativity, skills, and knowledge within a workplace to improve how a job is done.

• At a time of rapid workplace change and increased competitive pressure the role of the Delegate is even more critical and more necessary.

Role of AIMPE DelegateRole of AIMPE Delegate

The Delegates role is to convene on-board AIMPE meetings, act as witness and speak-up for other members, and ensure members seek further advice from your Institute Official before trouble gets out of hand. Better to get advice early than after it is too late.

AIMPE Seagoing Delegates Handbook

RightsRights

•Fair Work Act

•Provides protections from adverse action with regards to Workplace Rights such as an entitlement under a workplace law, award or enterprise agreement.

•Provides Protections for Industrial Activities such as representing or advancing the views, claims or interests of an industrial association.

• EBA

* Svitzer EBA Clause 14 and PB Towage at clause 35 Rights & Responsibilities of Delegates

* The Delegate has the right to fair treatment and to perform their role without discrimination in their employment.

* The delegate has the right to formal recognition by the company and its representatives.

* The Delegate has the right to consult with workplace staff and management and will be given reasonable access around the workplace to facilitate this.

* The Delegate has the right to reasonable paid time off to participate in approved forums and meetings with the company during the employees normal duty cycle

* The Delegate has the right to relevant training as agreed.

* The delegate has the right to reasonable access to workplace equipment such as email, internet etc.

ResponsibilityResponsibility

• With rights comes responsibility. Delegates need to act in good faith, and to do the best they can for their colleagues together or on their individual needs.

• Svitzer EBA & PB EBA includes:

* Acting in a courteous and professional manner

* The responsibility to raise workplace issues in a timely fashion

Role of AIMPE DelegateRole of AIMPE Delegate

• AIMPE Rule 43 Shipboard and Industry Meetings

• Encourage Membership

• Dispute Resolution

• EBA Negotiations

• Port Negotiations

• Communication

• Attend MDM’s where possible

Rule 43 Shipboard and Rule 43 Shipboard and Industry MeetingsIndustry Meetings

(iv) The duties and responsibilities of such delegate shall be as follows:

(a)To call and preside over members’ meetings. These meetings to be held outside of working time unless a special stopwork meeting is called for by the Institute.

(b) To ascertain if all members are familiar with all items of importance published in the National Industrial Report and “On Watch”

(c)To record and forward to the Institute any motions passed at the meetings.

(d) In the company of another member, the delegate is to approach the Senior Employer’s Representative with any requests or complaints arising from motions passed at the meetings.

(e) To keep the Institute informed about the progress or otherwise of these requests.

(f) To see that all financial members hold a current membership card on and from the 1st October of each financial year.

(g) To see that all members attend the Day Meeting whenever possible.

(h) To call special meetings to discuss any urgent business if requested by the Institute and to inform them of the result as soon as possible.

EBA Dispute Resolution Clauses

•Delegates need to be aware of the Dispute Resolution Clause in their EBA.

•The procedures contained within these clauses differ between Agreements.

•Dispute Resolution Clauses provide a role for Delegates to assist.

Dispute ResolutionDispute Resolution

EBA NegotiationsEBA Negotiations

• Collect claims from members and forward to Institute Official.

• Attend EBA meetings

• Report back outcomes of Meetings to members and Provide regular feedback to Officials.

• Advise members of the process

Port NegotiationsPort Negotiations

• Know the Port Operation Procedures POP’s

• Many disputes will relate to the PoP’s

• Discuss the PoP’s at meetings of members

• Participate in the Negotiation meetings

• Provide feedback to members and Officials

• Seek advice from Institute Officials

CommunicationCommunication

• Information for Members • Key to Negotiations• Sounding Board for ideas • Keep Organisers informed of Developments

and issues.• Avoid social media, i.e. Twitter & Facebook.• Avoid Company email addresses