Redundancy Protections for SAS Staff
With the NSW Government job cuts agenda, the introduction of Local Schools Local Decisions, LMBR implementation and funding changes associated with Every Student Every School, the PSA had serious concerns regarding the impact these could have on SAS Staff job security and transfer rights.
The PSA feared that these changes could lead to redundancies, so moved immediately to secure redundancy protections for SAS Staff by entering into negotiations with the Department.
The PSA was requesting a variation to the Crown Employees (School Administrative Support Staff) Award(SASS award) to include a redundancy clause, thus ensuring redundancy provisions for SAS Staff.
The PSA sought a variation to the SASS award that includes an award clause covering:
- severance payments for permanent employees,
- severance payments for temporary employees (with more than two years continuous service); and
- the requirement for consultation with the PSA when the Department is proposing change.
The PSA was not happy with the progress of these negotiations so, following consultation with the Schools Departmental Committee in May 2012, engaged lawyers to pursue the case for varying the SASS award to include redundancy provisions.
The PSA lodged a dispute in the NSW Industrial Relations Commission (IRC) in July 2012 to vary the SASS award. The matter was escalated to arbitration and heard on October 29, 30 and 31.
On 16 November 2012, President Boland handed down his decision to dismiss the PSA’s application to include a clause providing redundancy protections for SAS Staff in the SASS award.
The November 2012 meeting of the Schools Departmental Committee resolved to recommend to the PSA Executive, that this decision be appealed based on legal advice.
The Departmental Committee’s recommendation was endorsed by the General Secretary and the decision was appealed before the Full Bench of the NSW IRC. The case was heard on 7 February 2013.
The Full Bench decision on the PSA’s appeal is due to be handed down shortly
If the PSA wins the appeal, this will mean that enforceable redundancy protections can be embedded in the SAS Staff award.
If the PSA loses the appeal, it means the Department or the NSW Government can change the existing Managing Excess SASS Employees policy.
Further information will be provided when it comes to hand.
Yours in Solidarity
Anne Gardiner
PSA General Secretary
