Crown
Employees (School Administrative and Support Staff) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Public
Service Association and Professional Officers' Association Amalgamated Union of
New South Wales, Industrial Organisation of Employees.
(No. IRC 48 of 2013)
Before The
Honourable Justice Boland, President
The Honourable Justice Walton, Vice-President
The Honourable Mr Justice Staff
|
26 June 2013
|
VARIATION
1. Insert after clause
23 of the award published 29 June 2012 (372 IG 977) the following new clause
23A, Consultation:
Clause 23A. Consultation
23A.1 Consultation is a
process that:
23A.1.1 provides
an opportunity for the Department, the Association and employees to express
their views, state objections, exchange information and promote understanding;
23A.1.2 involves
timely provision of all relevant information to employees and the Association;
and
23A.1.3 provides
a genuine opportunity for employees directly affected by major changes in the
workplace, the wider workforce and the Association to influence the matters
under discussion with the Department.
23A.2 Where the
Department has made a definite decision to introduce major changes in,
program/service delivery, organisation, structure or technology that are likely
to have significant effects on employees, the Department shall notify the
employees who may be affected by the proposed changes and the Association for
the purpose of engaging in consultation.
23A.3 "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the Department's workforce or in the skills
required, changes in job opportunities, promotion opportunities or job tenure
for a class or group of employees, the alteration of hours of work for a class
or group of employees, the need for retraining or transfer of a class or group
of employees to other work or locations and the restructuring/redesign of jobs.
23A.4 The Department is
not required to consult over individual workplace/performance issues under this
clause.
23A.5 The Department
shall discuss with the employees affected and the Association, among other
matters, the introduction of the changes referred to in subclause 23A.2 above,
the effects the changes are likely to have on employees and measures to avert
or mitigate the adverse effects of such changes on employees, and shall give
prompt consideration to matters raised by the employees and/or the Association
in relation to the changes.
23A.6 The discussions
shall commence as early as practicable after a definite decision has been made
by the Department to make the changes referred to in subclause 23A.2 of this
Clause.
23A.7 For the purpose of
such discussions, the Department shall provide to the employees concerned and
the Association all relevant information about the changes, including the
nature of the changes proposed, the expected significant effects of the changes
on employees and any other matters likely to affect employees, provided that
the Department shall not be required to disclose confidential information the
disclosure of which would adversely affect the Department.
23A.8 The Department
will notify affected employees and the Association of the outcome of the
consultation in writing.
2. This
variation shall take effect from 24 June 2013.
R.
P. BOLAND J, President.
M.
J. WALTON J, Vice-President.
C.
G. STAFF J.
____________________
Printed by the
authority of the Industrial Registrar.