DET Employee Performance & Conduct Unit Dual Grading Dispute

Executive, 28 April 2008, EX53/08

"That the Executive supports the PSA remaining involved in the dispute between the NSW Teachers Federation and the Department of Education and Training over the dual grading of positions within the Employee Performance and Conduct Unit of the department. The Association should defend its right to intervene in the matter and oppose the Award proposed by the Teachers Federation, which would result in inequitable treatment of PSA members."

As previously reported the PSA had been given leave to intervene in a dispute between the NSW Teachers Federation and the Department of Education and Training in relation to the grading of staff in the Employee Performance and Conduct Unit (EPAC). Until the present, in the Directorate, there are public servants sitting side by side and doing the same work as other staff who have a teaching background. The teaching service staff are being paid at different rates and having promotional opportunities that public servants do not. The DET has moved, after PSA lobbying, to change this arrangement to ensure that new employees within Unit are employed on the same basis as public servants. The Teachers Federation have the view that only teachers should investigate teachers and have opposed the change.

Although conciliation has been occurring since November 2007 agreement has not been reached. The NSW Teachers Federation has rejected the PSA proposal to undertake an independent job evaluation of the positions. They have asked for the matter to be arbitrated and have put forward a proposed Award for teaching service staff within EPAC. The arbitration is set down for two weeks in September. The Award aims to mandate 50% of the positions going to teaching service staff. It is proposed that all of these staff will be paid at the teaching service rate.

The proposed Award would entrench the inequity between teaching and non teaching staff in relation to pay and promotional opportunities. While the Federation has stated on numerous occasions that they have no problem with public servants being paid at the same rate as teaching service staff this is not what would occur should their award be successful. In addition, the Award envisages only teachers investigating teachers, which is not the way the Unit presently works. If the Award were adopted it would mean a restructure of the unit with a possible loss of jobs for our members.

While not opposing PSA intervention in the matter at the outset the NSW Teachers Federation have now challenged the PSA's right to intervene. A date has been set in May for a hearing on the Associations right to be involved in the case. We will be arguing that, as this effects the equitable treatment of our members, we need to remain involved.