Commerce Flexible Working Hours Agreement

Executive, March 31, EX23/08 & EX24/08

"That the PSA Executive approves the Commerce Local Working Hours Agreement for balloting by our members."

"That the PSA Executive approves the planning and implementation of a "yes" campaign in support of the Commerce Local Working Hours Agreement."

As a result of the recommendation by the NSW IRC (IRC2007/2157) the Department began negotiations on 11 December 2007 with the PSA, APSEMA and Unions NSW regarding a flexible working hours agreement to replace current flexible working hours arrangements throughout the Department.

After extensive negotiations an in-principle agreement was reached between the parties on 13 March pending Executive approval and balloting of our members. The main features of the Agreement include:

Coverage

1. Commerce Flexible Working Hours Agreement - which covers most employees in the Department
2. Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006, Clause 21 Flexible Working Hours - which covers senior officers in the Department
3. NSW Department of Lands and Water Conservation Flexible Working Hours Agreement 1997 - which covers Corporate Shared Services, previously in the Department of Natural Resources.
4. Office of Fair Trading Inspectors Flexible Working Hours Agreement
5. Office of Industrial Relations Flexible Working Hours Agreement
6. State Records Flexible Working hours Agreement

1. Office of NSW Businesslink
2. Staff members employed in the Government Chief Information Office (GCIO) with salary classifications of Administrative and Clerical Grade 12 and below. The PSA proposed separate negotiations for these GCIO members as these members currently have conditions that are considerably better than the rest of the members in the Department of Commerce. The Department agreed to commence separate negotiations at the implementation of the proposed Commerce Local Working Hours Agreement with the proviso that the negotiations be concluded within a period of 6 months from commencement.
3. The named occupants of the position of Manager technical Services and Inspectors under the Motor Vehicle Repair Industry Council Enterprise Agreement 1994 - this is an outcome of NSW IRC matter 91 of 2006.

No forfeiture

Provision exists in the Agreement for monitoring and review of accrued flexible working hours to ensure that staff do not accrue excessive flexible working hours credits. In the instances that staff do accrue excessive credits there is provision for the granting of additional full days, consecutive days, half days or any combination of days and half days to ensure no forfeiture. The only circumstance where staff will be required to forfeit flexible working hours credits is in the instance where a staff member does not seek prior approval to accrue more than 231 hours in a settlement period.

No reduction in entitlements

1. The ability to vary bandwidth between 6.30am and 7.30pm by mutual agreement between a staff member and supervisor
2. Bandwidth for meal breaks
3. The setting of Maximum hours to be worked each day at 10 hours
4. The payment of up to 10 hours of flex credits on separation from the Department
5. The Easter Concession Half Day
6. Savings of Rights Clause
7. A dispute resolution clause that has explicit provision to refer matters to the Industrial Relations Commission and guarantees that normal work undertaken prior to the notification of the dispute or difficulty will continue unless otherwise agreed by the parties or to ensure Occupational Health and Safety.

1. No forfeiture provisions
2. The ability to vary standard hours to any 8 consecutive hours within bandwidth with an hour for lunch as agreed by the staff member and their supervisor
3. The PSA successfully negotiated a burden of proof on the Department consistent with Part 2.7 of the Public Sector Employment and Management Act 2002 in instances where the Department allege that a staff member is not observing the terms of the Agreement.

1. Banked and Block flex leave - Current agreements have varying provisions for banked and block flex release. The proposed Agreement standardises block flex release to 3 days per settlement period but allows for increased block flex release and/or allows for banking of flex days to the extent necessary to ensure that our members do not forfeit flex leave.

2. Exit provisions - most current agreements (bar the Office of Fair Trading Inspectors Flexible Working Hours Agreement) do not have provisions for any party to unilaterally exit the agreements. The Department initially wanted to insert an exit provision into the proposed Agreement that would allow for any party to exit the Agreement with 6 months written notice. The PSA strenuously objected to such a provision as it would mean that our members' conditions could be halved with 6 months notice. The Department reconsidered their position and agreed that negotiations must be entered into prior to any party amending or terminating the Agreement. The only instance where any party may terminate the Agreement unilaterally is in the event that functions and/or business units are moved into or out of the Department- in this case 12 months written notice must be provided and the Agreement can only be terminated for those staff affected by the movement of functions and/or business units into or out of the Department.

Consultation

Current flexible working hours agreements in the Department of Commerce will continue until 11 May 2008 when it is expected that the proposed Agreement will have been approved by Executive and balloted by our members. In the instance that the Agreement is not approved by Executive or that our members reject the Agreement a report back has been scheduled in the NSW IRC for 7 May.

P.S: The proposed flexi hours agreement will go to ballot in the week beginning 14 April.