Report from the Industrial Relations Commission
The PSA bulletin of 10 August informed members in Service NSW their union was lodging a dispute with the NSW Industrial Relations Commission (IRC) to challenge planned changes to rostering arrangements for driver testers. To read this bulletin go HERE.
Following this bulletin, the matter was heard in the IRC before Chief Commissioner Kite on Monday 14 August.
In the IRC, the PSA argued the introduction of WFM was not sufficient reason to change the established, long-standing and successful working practice of 19-day rostered months, and that Service NSW had not provided sufficient reasons, information or consultation to undertake such a change.
In reply, Service NSW abandoned its claim the proposed changes are due to WFM, and instead argued the proposed changes are due to “operational requirements”, as well as arguing all Service NSW driver testers signed employment offers that contained the possibility of working on Saturdays. In addition, Service NSW argued the communication provided to the PSA and driver testers to date satisfied the level of consultation required.
After hearing the arguments from and holding extensive discussions with both parties, the Chief Commissioner conceded Service NSW can change rostering arrangements to meet business requirements.
However, he was particularly critical of the level of consultation offered to date, and considered that Service NSW would be in breach of your award if proper consultation was not undertaken before any changes were made.
The Chief Commissioner then gave instructions that:
- Service NSW prepares draft rosters for a cross-section of five Service Centres, and justifies the rosters by providing the business needs that the rosters are intended to meet
- the PSA has time and access to meet with impacted member in Service Centres to consider and get feedback on the rosters, and to provide a response that may include alternative proposals
- the parties work towards a reaching a solution that will meet the needs of PSA members and Service NSW
- Service NSW meets its obligations for consultation under the Service NSW (Salaries and Conditions) Employees Award 2016.
Service NSW is scheduled to provide a draft roster for Macarthur Service Centre by Friday 18 August. Following this, the PSA will meet with impacted PSA members at Macarthur to discuss the draft, and provide a response to Service NSW by Friday 25 August.
This pattern will be repeated for Liverpool, Wetherill Park, Corrimal and Tuggerah, after which enough information should be gathered to undertake proper consultation.
The parties will report back to the IRC on Tuesday 29 August to provide an update on consultation and seek further assistance if required.
As an outcome from the IRC, Service NSW will have to consider the views and proposals of the PSA and our members before making any decisions about rosters. We will be holding meetings with our members at every impacted Service Centre to do this, and will also be seeking email feedback from members who cannot attend.
We know that our members who actually arrange and provide driver tests every day are the most valuable voice when it comes to your rosters.
That’s why it’s crucial you get involved with your union, and work with us to have your voice heard in this important process.
It is also important to have as much input as possible, which is why you should ask your fellow employees to join the PSA and get involved.
Thanks for your participation. We look forward to seeing you at the member meetings, and will provide further updates as events progress.