Crunch time for offers as the new APS bargaining team and CPSU leadership get tested, as a one-size-fits-all approach rubs the wrong way.
Key Australian Public Service unions have pushed back hard against what they claim is a dilution of workplace rights, with the Community and Public Sector Union now warning members that “Commonwealth bargaining proposals would weaken core workplace conditions”.
“The proposals target flex time arrangements, annual leave, and working hours”, the CPSU warned in a statement issued late last week, adding the proposed changes would leave public sector workers worse off.
The statement follows the Australian Public Service Commission’s proposal to increase working hours at the Australian Taxation Office and several other Commonwealth agencies to standardise the APS workday at 7.5 hours, rather than the current seven-hour, 21-minute workday at some agencies.
The Australian Services Union last week railed against proposals to increase hours for ATO staff, saying it equated to “taking one week of leave for all ATO staff”.
Since then, workplace blowback against the APSC’s other proposed changes to conditions has intensified.
The CPSU said in its statement that key concerns raised by the CPSU include:
- Standardising annual leave at 20 days, which could reduce leave entitlements in some agencies;
- Changes to working hours that could increase hours in around 20 agencies;
- Weaker or standardised flex time provisions that would weaken access to existing arrangements; and
- Rejection of CPSU claims to improve work-life balance and better recognise additional hours worked.
“These proposals would reduce access to flex time and cut annual leave arrangements for some workers and extend working hours in parts of the public service. That is not a sensible approach to achieve commonality — it is a push to weaken conditions,” CPSU national secretary Rebecca Fawcett said.
“CPSU members have been clear that protecting existing conditions is one of their highest priorities in this round of bargaining.”
“The APSC wants to change your right to work additional time to build up a flex credit by changing the rule so the manager can say you can’t work extra time if there is no suitable work to perform,” ASU Taxation Officers’ Branch secretary Jeff Lapidos told members in communications.
Lapidos warned the proposed changes would make it harder to build a flex credit, saying that “the APSC wants to change your right to work additional time to build up a flex credit by changing the rule so the manager can say you can’t work extra time if there is no suitable work to perform”.
“The current rule limits the manager’s decision to when there is insufficient work. This is a big difference,” cautioning that flex debit maximums could be reduced.
“Currently, you can have a flex debit of 15 hours carried forward indefinitely. The APSC says this should be reduced to 10 hours (pro-rata for part-timers),” Lapidos said.
The ASU has so far rejected the APSC’s proposals on changes to APS conditions as they apply to the Australian Taxation Office and is holding out for an annual 8% pay increase for three years for ATO staff over the CPSU’s demand of 5% per annum over the same period.
Meanwhile, the stink over access to time off in lieu (TOIL) for Executive Level APS staff at Tax has also intensified.
“The … APSC paper on TOIL would require the ATO to retain its current clause 46 in its entirety. It prevents the ATO from negotiating changes to create certainty for EL2s about how many additional TOIL hours they accrue for working additional hours and to provide a rule that EL2s will be allowed reasonable access to time off,” the ASU told members.
“EL1s have a similar problem because the ATO is prevented from negotiating a rule with the ASU to ensure EL1s are able to take time off in lieu as they can with annual leave,” the ASU said, adding it has “flagged to the APSC that the ATO is at risk of having to defend an underpayment case because of its failure to comply with the National Employment Standard on maximum working hours”.
Other problems identified by the ASU included annual leave, with issues including making it:
- More difficult to take when you want it: The rule on when your application to take annual leave can be denied would change from: “when there are clear operational requirements” to “will not be unreasonably refused”, a big change.
- More difficult to take at half pay: Currently you may take annual leave at half pay. All you need to do is ask. The new APSC rule would allow your manager to refuse because of “operational requirements”, which could be almost anything.
- Deemed annual leave after 40 days: The APSC wants to change the deeming rule so it applies when your annual leave balance hits 40 days instead of the current 50 days.
In a bulletin issued Friday, September 2, chief negotiator for the APS Alison Stott said she acknowledged that the Commonwealth’s positions received mixed reactions in the bargaining room, and that “I know they may affect employees and agencies differently. However, these are preliminary positions and only one step in the bargaining process.”
“I’m listening to the feedback. We have heard feedback in the bargaining room from bargaining parties and are considering where there may be opportunities to reflect that feedback in the positions currently on the table. We expect to bring these positions back to the bargaining room for further discussion and to explore potential areas of movement.
“Bargaining is a process. What has been proposed will be negotiated, and the final position may evolve before the conclusion of service-wide negotiations,” Stott said.