Finance Services & Innovation Flexible Working Hours Agreement update.
Finance Services & Innovation Flexible Working Hours Agreement update – February 2016 (PDF version)
The PSA received the DFSI’s proposed single Flexible Working Hours Agreement (FWHA) on 7 January. Since that time, there has been further progress on both the Industrial Relations Commission (IRC) front and in negotiations:
FWHA negotiations
PSA delegates across SFSI have met to formulate the PSA’s draft response. PSA and delegates recognised that the DFSI’s proposal was pitched so low that it would have led to a prohibitive amount of negotiations. Instead of using the DFSI document as the basis for our submission, the PSA has used the Trade & Investment (T&I) agreement as a starting point. The T&I agreement has been approved by the Government’s Wages Policy Taskforce.
We will not accept anything less than the conditions and entitlements in the T&I agreement. Our proposal includes:
- Floating core time
- Six days flex leave within a 12-week settlement period
- Carry-over of up to 42 hours and minus 14 hours at the end of a settlement period
- Twelve months’ notice to terminate the agreement
- Three-year term (DFSI proposes two years).
The PSA proposal was sent to the DFSI on 11 February for its consideration. On 18 February the PSA, Professionals Australia and delegates met with management to see where there is agreement, complete disagreement and what aspects of each draft are open for negotiation. Negotiations will continue.
Industrial Relations Commission (IRC) dispute regarding DFSI’s failure to properly consult
On 12 February, the PSA served a ‘notice to produce’ (NTP) requesting the DFSI produce a number of documents that relate to the reasons underpinning its decision to move to a single FWHA. The NTP also requested documents that show the number of hours worked by employees in excess of 35 hours per week, and the number of hours forfeited by employees at the end of settlement periods. If the DFSI believes that the single FWHA will mean a loss or diminution of employment conditions, then the PSA asks why this information should not be released.
On 16 February, the PSA and DFSI reported back to the IRC on the consultation matters in dispute. The Commissioner took a narrow view of the dispute and focused merely on whether the parties were continuing to release their drafts and negotiate in good faith. In relation to the NTP, the Commissioner said that the NTP should not require the other side to “create” a document so therefore it is “not valid”.
The Commissioner made it clear the question of whether the DFSI was legally obliged to consult with its employees prior to its decision to move to a single FWHA in June 2016, is a legal question outside the jurisdiction of the IRC.
The PSA is now seeking legal advice on various legal questions associated with this dispute. This legal advice will inform the PSA on what will be the appropriate over-arching strategy that will we need to employ to protect your flexible working provisions.
The PSA is fighting this matter on two fronts. We believe DFSI has not adequately consulted with our members. However, we will be present at the negotiation table to get the best outcome. Please keep in contact with your delegates and continue to provide your feedback to help them obtain the best outcome possible.
Please encourage all friends and colleagues to join the PSA.
Delegates:
