TAFE Commission of NSW Administrative, Support and Related Employees Enterprise Agreement 2012

1. TAFE Commission of NSW Administrative, Support and Related Employees Enterprise Agreement 2012 An education tool for members developed by the CPSU Current as at february 2013

2. A note about this information The information contained within these slides is intended as general information only and not specific advice. If you require advice you should: • Read your Enterprise Agreement; • Talk to your local CPSU delegate; • Call the CPSU on (02) 9220 0900 or 1800 467 932.

3. Background to enterprise bargaining A changed industrial landscape for TAFE NSW • On 1 December 2011 the Technical and Further Education Commission Amendment (Staff Employment) Act was proclaimed and commenced operation • As a result, all TAFE staff, and some DEC staff, are now employed directly by the NSW TAFE Commission and not the Department of Education and Communities • It also means that TAFE staff now fall under the Fair Work Act 2009and all future pay increases and improvements in conditions have to be negotiated by your union, the CPSU, through enterprise bargaining

4. Background to Enterprise Bargaining What is enterprise bargaining • Enterprise bargaining is the process of negotiation between TAFE and the PSA/CPSU with the goal of making an enterprise agreement. The Fair Work Act 2009 establishes a set of clear rules and obligations about how this process is to occur, including rules about bargaining, the content of enterprise agreements, and how an agreement is made and approved. This includes a requirement to bargain in good faith. • Enterprise bargaining gives workers the right to directly influence the conditions of their employment however, the only way to have strength at the negotiation table is to have a strong union.

5. Enterprise bargaining and you • Negotiation is about the power relationship between the employer and employee. Enterprise bargaining only delivers beneficial conditions to workers if they are negotiating as an empowered workforce, that is, high union membership, visibility and activity). • A commonly asked question from non members is “why should I join the union, I get the benefits anyway?” • The answer is simple: the less power your union has at the negotiating table, the lower our negotiating strength for everyone. MEMBERS + ACTIVISM = POWER

6. Key Milestones in Negotiations • Winning backpay for all staff, despite two separate ‘deadlines’ being given by TAFE to accept inferior conditions • Forcing TAFE back to the negotiation table when they prematurely put an inferior agreement out to ballot without negotiations being completed • Flexible working hours • Forced TAFE to maintain ALL previous conditions, despite TAFE’s initial proposed Agreement falling well short of this promise.

7. Key milestones in campaigning • Undertaking a comprehensive ‘listening campaign’ across 130 TAFE Colleges; • Use of videoconferencing in regional areas to communicate more effectively with large groups of TAFE workers • Use of LiveChat technology – great opportunity for TAFE workers to ask questions of PSA/CPSU industrial staff about your conditions • Launch of the ‘Our TAFE’ campaign and website: www.ourtafe.org.au

8. The future of TAFE NSW • TAFE NSW is facing unprecedented threats: rising student fees, an increase of private providers, the increased commercialisation of courses and potential introduction of contestable funding. • Your union, the CPSU, is committed to working with our members and the broader TAFE community, including our sister education unions and students, to protect TAFE as a public education institution. • You are the union.

9. Conditions fought for and won by PSA members in the NSW public service, like annual leave loading, shift work entitlements, parental leave, family and community services leave, are at risk of being lost by the O’Farrell Government’s attacks on the public service. • This gives us an indication of what TAFE may be looking to strip away during next round of negotiations. • Your union is committed to retaining and improving, where possible, the conditions and wages of TAFE workers.

10. Enterprise Bargaining and campaigning In 2013 the CPSU will commence negotiating your second Enterprise Agreement on behalf of all members. These notes are the first step in our campaigning. We will also: • Conduct ‘lunch and learns’ across workplaces about specific aspects of your Agreement; • Provide videos on the “Our TAFE” website (www.ourtafe.org.au) as additional information about specific aspects of your Agreement; and • Commence a ‘listening campaign’ as the first step in developing a ‘log of claims’ to present to TAFE management in the early stages of bargaining.

11. What does MY Enterprise Agreement contain and replace? • Contains: • All rights and entitlements about your employment at TAFE NSW • Salaries, rates of pay, incremental progression Replaces some 50 different awards, including: • Crown Employees (NSW TAFE Commission – Administrative and Support Staff Conditions of Employment) Award 2005; • Crown Employees (Trades Assistants) Award; • Crown Employees (Transferred Employees Compensation) Award; • Crown Employees (Librarians, Library Assistants, Library Technicians and Archivists) Award 2008; and

12. Your Agreement replaces all of your existing entitlements such as determinations and agreements, for example, the Daylight Equivalent Hours Agreement. It does not replace existing TAFE NSW policies, agreed statements of duties or position descriptions, however when there is a conflict between a policy and the Enterprise Agreement, the Enterprise Agreement overrides any policy.

13. How do I read my Enterprise Agreement Your Agreement is divided into a number of sections. More than one section will contain your conditions. • Importantly, it contains a series of undertakings, which are found at the beginning of the Agreement. • These undertakings are enforceable and should be read as a part of the Agreement.

14. How do I read my Enterprise Agreement • Section 1: Application and Operation • This section describes : • Which employees are covered by the Agreement ; • How long the Agreement applies; • A dictionary of commonly used terms in the Agreement; • Dispute resolution procedures; • Flexibility arrangements; • Consultation arrangements; and • Management of conduct and performance. • This section applies to all staff. • Clauses 1-9

15. How do I read my Enterprise Agreement (cont) Section 2: Employment Arrangements This section describes: • Who is covered by the section; • Payment of salaries and wages; • Types of employment and the conditions relating to each type; • Promotion appeals; • Clauses relating to part-time, temporary and casual employees and school-based apprentices; • Ordinary weekly hours by classification; and • General conditions relating to working hours, overtime and shift allowances. This section applies to all staff. Clauses 10-22

16. How do I read my Enterprise Agreement (cont) Section 3 – General Conditions This section describes the day to day arrangements about your work. It contains information about: • Work, health and safety, including personal protective clothing/equipment; • Salaries, rates of pay, incremental progression, salary packaging and allowances; • Union-related clauses, such as deduction of fees and specific information about the rights of union members and delegates; • Leave conditions and entitlements, including annual leave, extended/long service leave, family and community service leave, lactation breaks, leave for matters arising from domestic violence, leave without pay, parental leave, personal carers leave, purchased leave, sick leave, special leave and study leave. This sections applies to all staff. Clauses 23-64

17. How do I read my Enterprise Agreement (cont) Section 4 – Transferred Employees Compensation This section contains information about the conditions and entitlement to benefits if your position is transferred under particular circumstances. This section applies to all staff. Clauses 65-79

18. How do I read my Enterprise Agreement (cont) Section 5 – Parts A-G Part A – Administrative and Support Staff: This section contains information about the day to day working arrangements for administrative and support staff, such as: • Which employee classification are covered under this section; • Breaks; • Variation of hours; • Standard and flexible working arrangements; • Causes relating to work-related travel; • Clauses related to work-related allowances; and • Clauses related to overtime and higher duties. Clauses 80-125C

19. How do I read my Enterprise Agreement (cont) Part B – Security and General Services Officers This section contains information about the day to day working arrangements for security and general services officers, such as: • Contract of employment; • Hours of work and rostered days off; • Rates of pay, additional rates, shift allowances, travelling time and expenses and overtime; • Personal carer’s leave; and • Changes to existing conditions. It also contains information about monetary rates for specific classifications. Clauses 126-142

20. How do I read my Enterprise Agreement (cont) Part C – Early Childhood Educators This section contains information about the day to day working arrangements for early childhood educators, such as: • Which classifications are covered by this part; • Contract of employment; • Hours of work and rostered days off; • Classification structure; • Wages, additional rates and allowances; • Overtime; • Job sharing and relief work; • Information about infectious diseases at the Centre or Service; • Information about public holidays; and • Professional development. It also contains information about monetary rates for each classification. Clauses 143-161

21. How do I read my Enterprise Agreement (cont) Part D – Printing and Graphic Arts Employees This section contains information about the day to day working arrangements for printing and graphic arts employees, such as: • Hours of work; • Personal carers leave; • Overtime; • Duties and training; and • Wage rates. It also contains information about monetary rates for each classification. Clauses 162-168

22. How do I read my Enterprise Agreement (cont) Part E – Trades Assistants This section contains information about the day to day working arrangements for trades assistants, such as: • Hours of work for day workers; • Information about working mixed functions; • Information about special rates, allowances, overtime, shiftwork and holiday and Sunday work; • Contract of employment; • Allowances; • General leave conditions and accident pay. It also contains information about monetary rates for each classifications. Clauses 169-184

23. How do I read my Enterprise Agreement (cont) Part F – Skilled Trades This section contains information about the day to day working arrangements for skilled trades employees, such as: • Hours for day workers; • Allowances; • Overtime, shift work, holiday and Sunday work; • Contract of employment; • Information about use of tools; and • General leave conditions and accident pay. It also contains information about monetary rates for each classification. Clauses 185-206

24. How do I read my Enterprise Agreement (cont) Part G – Hospitality Employees This section contains information about the day to day working arrangements for hospitality employees, such as: • Which employees are covered by this part; • Types of employment; • Mixed functions; • Allowances, overtime, Saturday and Sunday work; and • Hours of work. It also contains monetary rates for these classifications. Clauses 207-217

25. SUMMARY • We hope this information will be a useful guide to your reading and understanding your enterprise agreement and your union’s campaigning in TAFE. • From March 2013 we will commence a series of ‘lunch and learn’ workshops, which will provide more detailed coverage of some areas of your agreement. • From April 2013 we will provide members with your draft Log of Claims for your input and will be conducting endorsement meetings around the state.