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

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

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

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

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

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

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

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

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

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

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

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

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

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

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