DEPARTMENT PREMIER AND CABINET FLEXIBLE WORKING HOURS AGREEMENT (FWHA) BALLOT

August 11, 2021 Bulletins - Premier and Cabinet

Please find attached to this bulletin a survey/ballot for the Flexible Working Hours Agreement (FWHA) that was subject to negotiations between the PSA and DPC.

The only people who can vote are PSA members.

It is your decision how you vote in regard to this very important matter. To help you to make an informed decision please read the information in this bulletin and the attached information.

Attached information (below) –

Employees affected are those employed within –

Department Premier and Cabinet (including Employee Relations)
Parliamentary Counsel’s Office,
Public Service Commission and
Western Parklands City Authority

Key Issues for your consideration include:

The negotiations between the PSA and DPC were contentious throughout, with some significant sticking points.

Of particular concern to the PSA was DPC’s refusal to agree to the retention of Banking and disagreement over how overtime should apply in the FWHA.

It is important to note that within the Award clause 21 provides flexible working arrangements that apply unless local arrangements are negotiated (clause 10) see attachment two.

Your current FWHA is a local arrangement under clause 10.

Each party, giving 12 month’s notice can terminate the agreement. The negotiations over this new FWHA stems from DPC giving us 12 months notice in September last year. Whilst we have sought further time to resolve the points of contention above DPC have refused and advise that if we do not advise the by 25 August 2021 of our members’ support of the agreement they will revert to the clause 21 arrangements.

This is ironic taking into consideration that they argue that the changes they wish to make are to increase flexibility in this COVID world. But for you to make an informed vote you should read that clause to understand those arrangements fully.

Points of disagreement:

To further understand the points of disagreement please note the following.

The main focus of DPCs aim in negotiations have been to extend the Bandwidth (currently (7.00 am to 7.00 pm) to 6.00 am to 10.00 pm, and remove your Core time. They argue that this will enable employees to have significant flexibilities as to how and when they work.

Whilst agreeable to increased worker flexibility the PSA has been arguing for protections from employees being forced to work unfriendly hours. We were able to negotiate that overtime provisions mirror the previous bandwidth. If we had not done so you could not, for example, claim overtime for directed work in the evening until 10.00 pm.

Unfortunately DPC maintain that a person can only claim overtime if they have already worked their contract hours. So, if your manager were to determine you were to work unfriendly hours such as from 2.00 pm to 10.00 pm (1 hour for meal break) you will not have worked beyond your contract hours and would have no entitlement to overtime.

The PSA strongly disagreed and sought wording in the agreement that addresses this however DPC remain adamant.

DPC have also argued that banking should be removed from the FWHA. The Public Sector has been attacking banking for years and many FWHAs across the sector have lost it. We put forward alternate proposals such as better ways of managing it, less than the 9 days, being able to take it over Christmas but again DPC won’t move. They agreed only to an extended the settlement period of 12 weeks to help manage hours.

If the new arrangement is supported it will commence on 4 July 2022.

The Ballot

Despite our concerns over those issues referred to above, and still hoping that the Secretary will alter his stance, we are obliged to put the proposed agreement to the membership for vote.

YOU CAN VOTE HERE:

Only PSA members who will be covered by the proposed flex agreement may vote in this ballot.

You have until close of business on 24 August 2021 to cast you vote. We will then advise DPC of the outcome of that vote on 25 August 2021.

You would be aware that we have created a petition to try to convince the Secretary to re-open negotiations on these key matters and whilst we hope sense will apply from the Secretary we need to give you to cast your vote, particularly in light of DPC,s threat to revert to clause 21.

Again, please read the material carefully and cast your vote.