National Award Modernisation Taskforce

© The Association of Independent Schools of NSW

National Award Modernisation Taskforce

Michael Carr – AIS NSW

Brisbane: 25 November 2008


Overview

AIRC to modernise federal awards and relevant NAPSAs by 31 December 2009Exception: enterprise awards (e.g. awards for government schools)

Modern awards will be national in coverage

Modern awards will be “primarily along industry lines”, where possibleException: some occupationally based awards (e.g. private sector clerical occupations)


Federal Jurisdiction Context

New Workplace Relations System

10 National Employment Standards for all employees (NES) in the federal jurisdiction

Modernised Federal Awards which complements the NES

An enterprise-level collective bargaining system focused on promoting productivity

Unfair dismissal laws

A ‘One-Stop Shop’ Fair Work Australia


The Story so Far…

Workplace Relations (Transition to Forward with Fairness) Act 2008

AWAs abolished – ITEAs introduced

No Disadvantage Test re-introduced

Award Modernisation process commenced

National Employment Standards (NES) published

Stage 1 Award Modernisation: Higher Education (2 awards)


Timeline - Going Forward

1 July 2009 - Key elements of Forward with Fairness introduced (reliant on passage of bill through parliament)

Unfair Dismissal laws

New Bargaining Framework

1 January 2010

Fair Work Australia Institutions – A one stop shop

National Employment Standards (NES)

Modern Awards in force


UNFAIR DISMISSAL


1 July 2009 - Unfair Dismissal

Unfair Dismissal Regime commences

Mostly applicable to small business (Less than 15 employees)

Qualifying period increased from 6 months to 12 months

Fair Dismissal Code will ensure a dismissal is not unfair

Dismissal

A reason why they are at risk of being dismissed

Reasonable timeframe to improve

Summary Dismissal

Deemed fair if reported to police – expected to have reasonable grounds


1 July 2009 - Unfair Dismissal

Lodged with Fair Work Australia (FWA) within 7 days

Non- Legalistic

Reinstatement or compensation (up to 6 months pay)

Excludes

Casual employees (not regular casuals)

Seasonal employment

Specific task

Temporary Contracts


COLLECTIVE BARGAINING


1 July 2009 – Workplace Agreements and Enterprise Bargaining

“Better off overall test” – by FWA

Employer can be compelled to negotiate a with a union when developing a collective agreement

Content to only include “matters pertaining to the employment relationship”

Content of agreements might include:

Union representation

Deduction of union dues

Agreements cannot include content regarding matters pertaining to management prerogative, bargaining services fees, authorising industrial action


1 July 2009 – Bargaining in Good Faith

Bargain in good Faith for a mutually acceptable outcome

Direct parties to meet

Disclose relevant information

Consider proposals and respond to them;

Refrain from unfair or precipitous conduct

No requirement to make concessions or sign-up to agreement.

FWA – ‘majority employee support’ for an enterprise (workplace) agreement


NATIONAL EMPLOYMENT STANDARDS


National Employment Standards (NES)

What you need to know…

10 minimum standards that will form part of the safety net terms and conditions

NES will not deal with minimum wages

Will apply to all employees in the federal system – there may be some exceptions but this is still unclear

Inextricably linked with terms of modern awards


National Employment Standards

1. Maximum Weekly Hours

38 hour week

Reasonable additional hours

Modern award may include provision for averaging hours

2. The Right to Request for Flexible working Arrangements

A change in working arrangements for the purpose of assisting the employee to care for the child

Refusal only on reasonable business grounds



3. Parental Leave

One year for each parent to be taken consecutively; or

Two years for one parent

4. Annual Leave

Modern Award may include provision for cashing out annual leave

5. Personal/Carer’s Leave and Compassionate Leave

10 days personal/carers leave – accrues progressively

2 days paid compassionate leave & 2 days unpaid carers leave for each occasion

Evidence to satisfy a ‘reasonable person’



6. Community Service Leave

Jury duty – paid first 10 days of absence minus amount paid to juror

Voluntary emergency services

7. Long Service Leave

8. Public Holidays

9. Notice of Termination (resignation) and redundancy pay

10.Provision of a Fair Work Information Statement


AWARD MODERNISATION


Modern Awards

The AIRC must make modern awards which:

Are simple to understand and apply,

Provide a fair minimum safety net for employees,

Must be economically sustainable,

Promotes efficient and productive performance of work

Promote flexible modern work practices.


Award Matters

1. Minimum Wages & Classification and Career Structures

2. Types of Employment

3. Arrangements for when work is Performed

4. Overtime Rates

5. Penalty Rates

6. Annualized Wages or Salary Arrangements

7. Allowances

8. Leave, leave loadings and arrangements for taking leave

9. Superannuation

10. Procedures for Consultation and Dispute


Award Modernisation – Stage 3 2009

6 March Closing date for submissions, drafts etc

23 March Pre-drafting consultations commence

22 May Closing date for publication of exposure drafts.

12 June Closing date for lodging written comments on the exposure drafts.

29,30 June & Full Bench sits in Sydney for final consultations

1,2,3 July in relation to the exposure drafts

4 Sept Final date for making Stage 3 modern awards.


Response of Independent School Sector

National consultation

Executive Directors appoint Award Taskforce

Appear for sector at AIRC hearings

Consult with:

Catholic sector

IEU


Modern Awards and NES

Modern Awards + 10 National Employment Standards (NES)

The 10 NES will represent the minimum entitlements for all employees in the new system and will apply to all employees.

A modern award cannot exclude the NES but can ‘supplement’ its terms

A modern award can include provisions that are expressly permitted under the NES.


Modern Awards and NES

Evidence Requirements for personal and compassionate leave

Substitute public holidays

Industry specific redundancy pay provisions

Amount of notice an employee may be required to provide

Loadings in lieu of entitlements for school based apprentices


Non Teaching Award

One award for all jobs and classifications

Teacher aides and clerical staff

Nurses, psychologists and welfare officers

Maintenance, green keeping and caretakers

Kitchen, laundry and boarding house staff

Canteen and uniform shop employees

Child care workers

Chaplains

Sports coaches

etc


Non Teaching Award Consistent conditions

Annual leave (in most cases)

Sick leave (as per NES)

Long Service Leave

38 hour week

Variations in Awards

Span of ordinary hours

Shift penalty loadings

Notice periods

Leadership levels

Incremental progress (up the salary scale)

Stand down periods

Paid maternity leave


Non Teaching Award

Main issues

Classification of roles/jobs

Metal Workers Award proforma

Wage levels

Placement of roles on the wage scale


What Happens to Award Free Employees?

‘Catch-all’ award to be created as part of award modernisation

Managerial employees?


FAIR WORK AUSTRALIA


Fair Work Australia Institutions

Replaces:

Australian Industrial Relations Commission

Australian Industrial Registry

Australian Fair Pay Commission

Australian Fair Pay Commission Secretariat

Workplace Authority

Workplace Ombudsman

Australian Building and Construction Commission



FWA will consists of

President

Senior Members

Members (Minimum Wage Panel members)

Power to vary awards

Make minimum wage orders

Approve Agreements

Determine unfair dismissal claims

Make orders of good faith bargaining and industrial action

Assist employees and employers to resolve disputes



Fair Work Australia – Inspectorate

Compliance with new workplace laws

Enforcement through courts

Fair Work Divisions of the Court

Small claims limit increased from $10,000 to $20,000

Specialist Division in the Federal Court and the Federal Magistrate’s Court


WHAT CAN SCHOOLS DO TO PREPARE?


What Can You Do…

1. Which staff are currently covered by Agreements/NAPSAs?

2. What will be the usefulness of a modern award in your workplace for those employees not on collective agreements?

3. How likely will those staff agitate for a new agreement?

Only a majority of the employees needed for you to be required to bargain in good faith with them.


Possible Enhancement Sought by Union

Concept of pupil vacation period (teacher holiday?)

Rules relating to co-curricular activities/ staff meetings

Rules relating to number of leadership positions in a school

Rules relating to Face to Face teaching

Span of hours – to include rules relating to excursions, parent teacher nights, etc

Child rearing to be included in service


Involvement of Union

Union will try to expand their influence in your workplace.

Managerial Prerogative

Setting term dates

Setting hours of the school day

Determining reasonableness of professional development

Co-curricular

Grievance processes

Performance Management


“The Leap Frog Technique”

Co-curricular

Grievance Procedures

Performance Management

Recruitment

Redundancies

Restructures


Danger of the Communication Void!

High union involvement in your school may hamper the natural flow of communication between the Principal and their staff

The union will try to ‘embed’ themselves in the minutia of your decision making:

Class allocation

Timetables

Playground supervision

Minor staff performance matters

Development of appraisal processes


Michael Carr - Deputy Executive Director

Association of Independent Schools

Level 12, 99 York Street, Sydney NSW 2000

Phone (02) 9299 2845 Fax (02) 9290 2274

Web aisnsw.edu.au Email [email protected]

ABN 96 003 509 073

Contact Details

Documents

National Award Modernisation Taskforce