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<strong>Delegates</strong><br />

<strong>Handbook</strong>


Contents<br />

Section 1 Introduction..................................................................................................................................................................................2<br />

1.1 About this handbook.........................................................................................................................................................3<br />

1.2 PSA Structure.........................................................................................................................................................................4<br />

Section 2 Your role as a delegate..............................................................................................................................................................7<br />

2.1 Your role as a delegate.......................................................................................................................................................8<br />

2.2 Your rights............................................................................................................................................................................ 10<br />

2.3 Your Protection.................................................................................................................................................................. 11<br />

Section 3 Organising in your workplace............................................................................................................................................. 12<br />

3.1 Getting others involved.................................................................................................................................................. 13<br />

3.2 Planning to organise your workplace........................................................................................................................ 17<br />

3.3 Identifying organising issues........................................................................................................................................ 20<br />

3.4 Organising women and indigenous workers......................................................................................................... 22<br />

3.5 Organising your workplace group.............................................................................................................................. 24<br />

3.6 Workplace meetings........................................................................................................................................................ 26<br />

3.7 Workplace groups ............................................................................................................................................................ 29<br />

Section 4 Skills for handling problems and issues.......................................................................................................................... 31<br />

4.1 Steps for dealing with issues in the workplace...................................................................................................... 32<br />

4.2 Natural Justice.................................................................................................................................................................... 34<br />

4.3 Effective delegate skills................................................................................................................................................... 35<br />

4.4 Negotiating with management................................................................................................................................... 38<br />

4.5 Dispute notifications....................................................................................................................................................... 40<br />

4.6 The Delegate as a Support Person in Investigations............................................................................................ 41<br />

Section 5 Organising on specific issues............................................................................................................................................... 44<br />

5.1 Work health & safety ....................................................................................................................................................... 45<br />

5.2 Psychological hazards – occupational stressors, violence & bullying............................................................ 47<br />

5.3 Workers compensation and injury management................................................................................................. 49<br />

5.4 Discrimination & harassment....................................................................................................................................... 50<br />

5.5 Grievances........................................................................................................................................................................... 52<br />

5.6 Performance and conduct............................................................................................................................................. 53<br />

5.7 Review of promotion decision appeals.................................................................................................................... 54<br />

5.8 Work and family issues.................................................................................................................................................... 55<br />

5.9 Reviews and restructures............................................................................................................................................... 57<br />

5.10 Contracting out and privatisation............................................................................................................................ 59<br />

Section 6 Resources.................................................................................................................................................................................... 60<br />

6.1 Legislation, awards and agreements......................................................................................................................... 61<br />

6.2 PSA statement of ethics.................................................................................................................................................. 62<br />

6.3 PSA Members Complaint Resolution Process......................................................................................................... 63<br />

6.4 PSA meeting procedures............................................................................................................................................... 64<br />

6.5 Value added services....................................................................................................................................................... 68<br />

6.6 PSA Resources.................................................................................................................................................................... 69<br />

6.7 Tools for delegates............................................................................................................................................................ 70<br />

6.8 PSA Contacts...................................................................................................................................................................... 72<br />

Appendices Appendix A: Proud to be Union.......................................................................................................................................... 73<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 1


Section<br />

1<br />

Introduction<br />

1.1 About this handbook<br />

1.2 PSA Structure<br />

2 | <strong>Delegates</strong> <strong>Handbook</strong>


1.1 About this handbook<br />

The PSA is an active, member driven union that asserts its members’ interests and advances the value of public services for<br />

the people of NSW. Established in 1899, the PSA has a proud history of advocating on behalf of its members.<br />

The PSA is not affiliated with any political party, and since May 2015 our Rules expressly prohibit the making of donations<br />

to political parties or candidates.<br />

This handbook is designed to give you, the delegate, the knowledge necessary to effectively represent members<br />

in your workplace, recruit new members, establish and maintain a workplace group, organise around key issues to<br />

strengthen the union and run successful campaigns.<br />

It also includes information on issues such as grievance handling, work, health and safety, discrimination and<br />

harassment along with pointers to further advice that will assist you to fully embrace your role.<br />

It is always desirable to resolve workplace and individual issues/concerns at the local level.<br />

Who is covered by the PSA?<br />

The Public Service Association (PSA) is the leading voice for public services in NSW. The PSA represents members in<br />

diverse roles across NSW Government departments, state owned corporations, schools, universities, and TAFEs, as<br />

well as specific sectors in the service of the people of NSW such as the disability sector. Members work under both<br />

State and Federal instruments. All members of the PSA are also members of the CPSU.<br />

The organising approach<br />

Collective representation is critical for building power in your workplace. This means that as a delegate you need to<br />

organise members in your workplace as a group and encourage them to become active in the union’s affairs.<br />

An organising union & a member centred proactive approach<br />

An organising union is one in which members themselves recognise that they, as a collective group, are the union’s<br />

real source of strength.<br />

It is they who are the union, rather than a group of centrally located paid officials who provide a service.<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 3


1.2 PSA Structure<br />

ELECTED HONORARY OFFICIALS<br />

SALARIED AND ELECTED OFFICIALS<br />

President<br />

Honorary position.<br />

Chair of Central Council & Executive<br />

Elected by members every 4 years<br />

Senior Vice President<br />

Honorary position.<br />

Elected by members every 4 years<br />

PSA members<br />

The supreme governing<br />

body of the union.<br />

The strength of the union.<br />

Members elect all positions<br />

except PSA staff.<br />

General Secretary<br />

CEO of the union, manager of<br />

PSA staff<br />

and union business.<br />

Paid position – $274,585<br />

Elected by members every 4 years<br />

Assistant General Secretary<br />

Paid position – $219,175<br />

Elected by members every 4 years<br />

Vice President<br />

Honorary position.<br />

Elected by members every<br />

4 years<br />

Vice President<br />

Honorary position.<br />

Elected by members every<br />

4 years<br />

Central Council<br />

Governing body of the union. Meets monthly.<br />

Executive<br />

6 members – General Secretary, President,<br />

Assistant General Secretary, Senior Vice<br />

President & 2 Vice Presidents.<br />

Meets monthly.<br />

Deals with policy, industrial & administrative<br />

matters<br />

& reports to Central Council.<br />

Elected by members every 4 years<br />

CPSU<br />

All PSA members are<br />

automatically enroled in<br />

the CPSU-SPSF, ensuring<br />

access to the Fair Work<br />

Commission for members<br />

employed under the<br />

Federal jurisdiction.<br />

PSA staff<br />

Approximately 150 paid<br />

staff providing services to<br />

members.<br />

<strong>Delegates</strong><br />

May form part of workplace groups,<br />

departmental committees, district branches,<br />

vocational groups.<br />

Annual Conference<br />

The unions largest forum with up to<br />

200 people, including the Executive,<br />

Central and delegates elected each year<br />

from workplace groups.<br />

Women’s Council<br />

24 female members, elected<br />

every 2 years (12 are Central<br />

Councillors).<br />

4 | <strong>Delegates</strong> <strong>Handbook</strong>


Central Council<br />

Central Council is the supreme decision making body of the PSA. It consists of 45 delegates directly elected by<br />

members using a proportional representation system and meets the second Monday of each month.<br />

The system for selection is set out in the PSA rules.<br />

Executive<br />

The Executive consists of:<br />

• General Secretary<br />

• Assistant General Secretary<br />

• President<br />

• Senior Vice President<br />

• Vice Presidents (two)<br />

The Executive reports to Central Council and meets on the fourth Monday of each month.<br />

PSA Staff<br />

Organisers<br />

Organisers cover particular workplaces and agencies or regional areas. They work with delegates and activists to build<br />

the union’s power. They do so by establishing PSA structures in workplaces, especially workplace groups, Departmental<br />

Committees, local campaign action groups and advisory groups. They also support delegates to organise and recruit<br />

on the ground.<br />

Industrial Advocates<br />

Industrial Advocates cover the same areas as Organisers but their role is to deal with industrial matters such as changes<br />

to awards and agreements and representation in Industrial Tribunals, like the NSW industrial Relations Commission or<br />

Fair Work Commission. Industrial advocates cover collective and individual matters.<br />

See section 6.5 of this handbook for other PSA resources.<br />

PSA training unit<br />

The PSA has produced a range of tools to support delegates. Currently there is a Powerpoint display which can be<br />

used as part of agency induction sessions. The session can be posted out on a CD-Rom for potential members to view<br />

on their own computers.<br />

The presentation can also be used as a part of your introductory talk on the union in agency induction sessions if a<br />

data projector is available.<br />

If you would like a copy of this PowerPoint presentation, contact the PSA Training Unit on 1300 772 679 or email training@<br />

psa.asn.au.<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 5


CPSU Structure<br />

All PSA members are automatically enrolled in the CPSU-SPSF, ensuring access to the Fair Work commission for members<br />

employed under the Federal Jurisdiction.<br />

CPSU members in universities are structured in a similar manner to PSA members.<br />

The CPSU is the body that represents PSA members who work under the Fair Work Act 2013 (Commonwealth). These are<br />

members who work for organisations outside the state government sector such as:<br />

• CPSU members in universities<br />

• Coal Services<br />

• Employed Solicitors<br />

• NSW Aboriginal Lands Council<br />

• Irrigators<br />

• Crown Holiday Parks Trust<br />

• Museum of Contemporary Art<br />

• Australian Health Practitioners Regulation Agency<br />

• WSN Environmental Solutions<br />

• Power<br />

• State Water Corporation<br />

• Superannuation Administration Corporation (PILLAR)<br />

• Forestry Corporation<br />

• TAFE<br />

• NES<br />

• Hunter Water Corporation<br />

• Home Care.<br />

The structures are established under the PSA Rules and By-laws.<br />

University Branches<br />

The University branch represents all members employed at a university. General meetings of the branch are convened<br />

by the Branch President and Secretary for purposes agreed to by the branch committee.<br />

Branch Committees<br />

The Branch Committee consists of a President, Vice-President, Secretary, Assistant Secretary, Membership Registrar,<br />

Women’s Officer and other committee members.<br />

The Branch Committee represents members on matters affecting their employment and advises the Higher Education<br />

Representative Council in relation to the interests of branch members.<br />

Branch Committees conduct the business of the branch between general meetings of the branch.<br />

Higher Education Representative Council (HERC)<br />

HERC advises the PSA’s Central Council on the interests of members in universities. HERC also coordinates industrial<br />

matters affecting university members across the state. The Council consists of representatives elected by university<br />

branches. HERC is managed by an executive committee elected by members at the Annual General Meetings.<br />

The Executive consists of a President, Deputy President, Secretary, Assistant Secretary and four members.<br />

6 | <strong>Delegates</strong> <strong>Handbook</strong>


Section<br />

2<br />

Your role as a delegate<br />

2.1 Your role<br />

2.2 Your rights<br />

2.3 Your protection<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 7


2.1 Your role as a delegate<br />

Your role<br />

The members who make up the PSA come from<br />

diverse backgrounds and hold a variety of views<br />

and expectations. We should ensure that their rights<br />

are observed and that the diversity of views is taken<br />

into consideration. <strong>Delegates</strong> should maintain open<br />

and honest communication and treat all members<br />

in a respectful manner.<br />

As a workplace delegate, you are the day-to-day<br />

face of the union in your workplace and as such<br />

have a crucial role within the PSA. Members look<br />

to delegates as workplace leaders on issues that<br />

matter to them. You are the key connecting link<br />

between PSA members in the workplace and the<br />

union office.<br />

Without you, the PSA would not be able to function<br />

effectively.<br />

Collective strength<br />

The basic principle of unionism can be summed up by the<br />

slogan “united we bargain, divided we beg”.<br />

The more members we have, the better the union’s<br />

bargaining position.<br />

The stronger our bargaining power, the greater our ability<br />

to improve conditions. It’s that simple.<br />

This is where you as a delegate come in - to organise<br />

your colleagues to strengthen the union and make sure<br />

they are active, united and strong in their stance.<br />

Remember, you have been elected by your workmates<br />

to be their spokesperson and represent their interests<br />

so involve them in union matters whenever and<br />

wherever possible.<br />

For more information on your role as a delegate see<br />

Section 3 - Organising in your workplace<br />

Effective communication<br />

It is important that the paid officials of the union are<br />

aware of the views and needs of members who, in<br />

turn, understand the importance of participating in<br />

collective decision-making processes.<br />

<strong>Delegates</strong> are key to ensuring this two way<br />

communication flow.<br />

Behaviour<br />

<strong>Delegates</strong> assist in protecting, and wherever possible,<br />

advancing, the interests and rights of members at<br />

the local level, they also participate in departmental<br />

committees, branch or workplace groups.<br />

It is important that in carrying out these duties you do so<br />

in a manner that reflects positively on the standing of the<br />

PSA. Remember, you are an ambassador for the union.<br />

Your manner, attitude and actions must never in any<br />

way adversely impact upon, or damage the standing of<br />

the PSA.<br />

It is essential that you are not be seen to have an axe to<br />

grind with management or a fellow member.<br />

<strong>Delegates</strong> must be calm, considered, respectful and<br />

professional at all times and in all their dealings.<br />

Credibility with both colleagues and management is an<br />

enormously powerful tool and essential to being able to<br />

function successfully as a PSA delegate.<br />

It is also critical that you adhere to your organisation’s<br />

Code of Conduct at all times.<br />

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Your duties and responsibilities:<br />

• representing the interests of members in your work area<br />

• active recruiting – making sure that all eligible co-workers are members of the PSA<br />

• workplace organising - encouraging members to be involved in the union & strengthening its position<br />

• building the skills and confidence of members to assist in that activity<br />

• holding meetings to inform and involve members<br />

• organising your workplace structures so that together you can ensure management complies with relevant<br />

policies, agreements, acts and awards<br />

• helping to resolve individual grievances of members in your workplace wherever possible<br />

• negotiating with management about matters of concern to members<br />

• working with other delegates and active members to develop policies on priority workplace issues<br />

• maintaining records of membership for your workplace and advising your PSA Organiser and the PSA Membership<br />

Section of any changes<br />

• ensuring union bulletins and other information are distributed and displayed<br />

• keeping in touch with union officials, especially your PSA Organiser<br />

• promoting the PSA generally in the workplace<br />

• attending PSA union training.<br />

<strong>Delegates</strong> may have the same legal standing as an official of the union. This means you must be mindful of any breaches of<br />

legislation, policies and guidelines, by both yourself and others. If in doubt, you are always able to call the Member Support<br />

Centre for advice.<br />

Recruit<br />

Assist members to<br />

resolve problems<br />

locally<br />

Talk to members<br />

Link with other reps &<br />

campaigns<br />

Represent members<br />

Organise<br />

Respected face of<br />

the union<br />

Role of the<br />

delegate<br />

Talk with<br />

management<br />

Promote equality<br />

Improve procedures &<br />

agreements<br />

Negotiate<br />

(not all delegates)<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 9


2.2 Your rights<br />

<strong>Delegates</strong> have a legal right to carry out their union responsibilities<br />

in the workplace.<br />

Depending on the workplace, these duties and rights include:<br />

• distributing official PSA material or attending induction sessions for new employees<br />

• time to attend and prepare for meetings in the workplace<br />

• access to facilities such as notice boards, telephones and email in the workplace and<br />

• leave to attend union training, participate in committees or to attend industrial proceedings.<br />

<strong>Delegates</strong> are encouraged to familiarise themselves with the full details of their rights in their award or enterprise<br />

agreement.<br />

For delegates in the majority of NSW public service agencies these rights are set out in clauses 53 – 64 of the Crown<br />

Employees (Public Service Conditions of Employment) Award 2009.<br />

Your awards and enterprise agreements are available on the PSA website.<br />

Support from the union office<br />

PSA organisers support delegates in arranging meetings with members, recruiting new members and providing the<br />

resources and material that will enable the building of union strength in the workplace.<br />

<strong>Delegates</strong> also have access to a range of trade union training provided by the PSA.<br />

These courses include:<br />

• The role of the delegate<br />

• Negotiating skills, and<br />

• Dealing with bullying in the workplace.<br />

The full list of training courses and an on-line registration form is available on the PSA website under “Resources”.<br />

If assistance is required with an industrial matter, call the PSA’s Member Support Centre on 1300 772 679.<br />

10 | <strong>Delegates</strong> <strong>Handbook</strong>


2.3 Your Protection<br />

The most effective protection for delegates against victimisation or harassment is a strong and active union presence<br />

in the workplace. However, there are also legal protections enshrined in legislation.<br />

NSW public sector agencies<br />

Under Section 210 of the NSW Industrial Relations Act<br />

1996, it is unlawful for an employer to victimise an<br />

employee because they:<br />

• are a member or official of a union (under industrial<br />

law, a delegate is deemed to be an official of the<br />

union, ie they are an elected representative)<br />

• claim a benefit to which they are entitled under an<br />

act, award or agreement<br />

• lodge a complaint about a breach of an award<br />

• appear in proceedings regarding an industrial matter<br />

(the Industrial Relations Commission)<br />

• engage in a public or political activity (unless it<br />

interferes with their work).<br />

The Crown Employees (Public Service Conditions of<br />

Employment) Award 2009 also includes the provisions of<br />

the Industrial Relations Act and reiterates the rights of<br />

union members to take lawful industrial action and not<br />

be victimised.<br />

Copies of this award are available on the PSA’s website.<br />

Harassment or threats<br />

Any delegate being harassed or threatened in relation<br />

to their duties, should contact the PSA immediately.<br />

Any matter that cannot be resolved through negotiation<br />

with management, will be taken to the NSW Industrial<br />

Relations Commission or Fair Work Commission.<br />

Universities, TAFE, State Owned<br />

Corporations or any other<br />

national system employers<br />

Sections 342, 346 and 347 of the Fair Work Act 2009<br />

combine to provide delegates protection from any<br />

“adverse action” by their employer.<br />

This includes delegates representing or advancing the<br />

views of the union or encouraging other employees to<br />

participate in lawful activities organised by the union.<br />

Prohibited action by the employer includes<br />

• dismissal of the employee<br />

• altering a position to the employee’s detriment<br />

• discriminating against the employee<br />

• any action that “injures” the employee in their<br />

employment.<br />

Protections are also available to all members under<br />

Sections 104-109 of the Work Health and Safety Act (2011).<br />

These measures prevent an employer from discriminating<br />

against a worker in response to them exercising any<br />

function, power or responsibility under the Act.<br />

Fines of up to $500,000 can apply in relation to such<br />

conduct.<br />

11 | <strong>Delegates</strong> <strong>Handbook</strong><br />

<strong>Delegates</strong> <strong>Handbook</strong> | 11


Section<br />

3<br />

Organising<br />

in your workplace<br />

3.1 Getting others involved<br />

3.2 Planning to organise your workplace<br />

3.3 Identifying workplace issues<br />

3.4 Organising women and indigenous workers<br />

3.5 Organising your workplace group<br />

3.6 Workplace meetings<br />

3.7 Workplace groups<br />

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3.1 Getting others involved<br />

Getting people involved with the union builds strength<br />

in the workplace. The willingness of workers to stand up<br />

and be counted, even in small ways, is vitally important.<br />

It is critical they understand that they as a group wield<br />

considerable power.<br />

Collective action sends a very clear message: the union<br />

is a united group of individuals who share common<br />

concerns and are prepared to stand up for their rights.<br />

To that end, seek out issues that will mobilise members<br />

and just as importantly, engage potential members.<br />

These issues may not always be industrial and may also<br />

include professional, social justice, environmental and<br />

other matters of concern.<br />

Your overarching task as a delegate is to:<br />

• create that sense of collective strength and build<br />

upon it<br />

• recruit new members and provide encouragement<br />

and avenues to play an active role.<br />

The PSA believes the most effective way to recruit new<br />

members is through one-on-one contact along with<br />

union campaigns that are successfully conducted at<br />

a local level.<br />

That way, the benefits of being part of the union are<br />

clear for all to see.<br />

There is no better recruiting tool than success.<br />

Reasons to join the union<br />

Different people join unions for different reasons:<br />

• they are frustrated or angry about an issue and the<br />

union provides an avenue for action<br />

• to improve pay and conditions or other benefits<br />

• they feel a commitment to their workmates and<br />

believe in fairness at work<br />

• the industrial protection being a union member<br />

provides.<br />

The fact is most people join for a combination of reasons.<br />

When talking to members and potential members,<br />

remember to mention what the union movement has<br />

achieved through members working together:<br />

• long service leave<br />

• paid public holidays<br />

• paid parental leave<br />

• permanent part-time work & other flexible work<br />

arrangements<br />

• annual leave<br />

• improved health and safety<br />

• domestic violence leave<br />

• breastfeeding facilities and paid lactation breaks<br />

• compensation and rehabilitation for work injuries<br />

• superannuation<br />

• pay equity principles<br />

• fair treatment in dismissal and retrenchment<br />

situations<br />

• minimum award conditions for all workers<br />

• protection against discrimination, harassment and<br />

victimisation.<br />

How to start<br />

To be an effective delegate, you need to build an active<br />

and inclusive environment in your workplace so that<br />

workers are aware of the union and know you are the<br />

central point of contact for all such matters.<br />

Workers will occasionally come to you for assistance but<br />

it is important you approach them in the first instance<br />

and make yourself known. Wear your delegate’s badge<br />

and display union material.<br />

Keep a supply of PSA new member’s kits on hand as well<br />

as membership forms and other PSA information.<br />

This material is available from your organiser or ring the<br />

Member Support Centre.<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 13


The ultimate aim is to have everyone in the workplace<br />

a member of the union. Making a good first impression<br />

with potential members is vital.<br />

New starters should be introduced to how the union<br />

works, the importance of the public sector and why<br />

their involvement will help defend and improve their<br />

own wages and conditions.<br />

Try to arrange with your human resources area or<br />

local management to give a talk about the union at<br />

induction training and hand out union material and<br />

membership forms.<br />

If you are able to do such a presentation, remember to<br />

follow by approaching the new starters individually.<br />

Tip – Use the PSA induction Powerpoint presentation. See<br />

section 6.2 Tools for delegates<br />

Before approaching a potential member, you should:<br />

• know the cost of membership and how payment is<br />

made<br />

• inform them that the membership fee is tax deductible<br />

• be able to fill in a membership form correctly<br />

• have material about PSA benefits on hand.<br />

All employees whether full-time, part-time, casual,<br />

temporary or trainees are eligible to join the PSA.<br />

Those employed on short-term programs and on<br />

ministerial staff are also eligible.<br />

Approaching potential<br />

members<br />

Talking to potential members is not always easy but try<br />

a relaxed and informal approach.<br />

If your colleagues respect your performance as a coworker<br />

and a unionist you are off to a flying start.<br />

It is best to approach potential members on a one-onone<br />

basis.<br />

You need to be open and genuine in your manner and<br />

conversation.<br />

Make an effort to understand the point of view of the<br />

other person and the issues that are of concern to them.<br />

Listening – and having them see that you are – is vital to<br />

building a relationship.<br />

When planning to talk to a potential member, ask yourself:<br />

• what work do they do?<br />

• if a new employee, where did they work previously?<br />

Have they ever been a unionist?<br />

• why aren’t they in the union? Have they ever been<br />

asked to join?<br />

• are their colleagues members?<br />

• are they friendly with other members?<br />

Your approach<br />

• choose a good time and place – this may be during<br />

a tea or coffee break. Tailor your methods to the<br />

working environment<br />

• use open ended questions such as – “How are things<br />

going here?”, “What’s been happening?”, “How are you<br />

finding it here?” or “What would you change about<br />

working here if you could?”<br />

• respect what they have to say and wait until they have<br />

finished speaking before you respond<br />

• demonstrate that you are listening by repeating back<br />

what they have said<br />

• have open and attentive body language<br />

• face them and stay relaxed<br />

• don’t feel obliged to defend the union on every<br />

issue – step back, acknowledge their concerns and<br />

concentrate on common ground<br />

• promote the idea of working together to solve<br />

problems<br />

• if they agree to join, help them complete the form<br />

and take it away with you. Or encourage them to join<br />

on-line at membership.psa.asn.au<br />

• collect the completed form and return it to your<br />

organiser or the PSA’s Membership Section. (They<br />

may prefer to send it themselves in a replied paid PSA<br />

envelope or fax the form through themselves)<br />

• check with the Membership Section that forms have<br />

been received and processed.<br />

If they want to think about it, leave some material with<br />

them but make sure you follow up:<br />

• if you don’t succeed the first time – leave the door<br />

open<br />

• if you don’t have an answer to a particular question,<br />

say so and undertake to get back to them. Explain<br />

that you always respond to union members<br />

• if you can’t get back to the person yourself, organise<br />

for someone else to do so and make a note of what<br />

you agreed to do on a report back sheet.<br />

See page 16 for a sample member report back sheet.<br />

Talking to potential members is not as difficult as it<br />

sounds.<br />

Just showing an interest in someone and their concerns<br />

can be enough to win them over.<br />

And encourage other members to recruit as well. It’s<br />

not simply up to you.<br />

14 | <strong>Delegates</strong> <strong>Handbook</strong>


The arguments against joining the union & how to respond<br />

There are several standard arguments that people mount<br />

for not joining a union. Here are some examples with<br />

suggested responses. Always begin by acknowledging<br />

the person’s objections.<br />

I don’t know enough about the PSA or what a union<br />

does<br />

Give the person some examples of what the union has<br />

achieved that have benefited them.<br />

Ask them open questions to find about what issues and<br />

conditions they care about. For example, do they rely on<br />

their flex days?<br />

If so, talk to them about the role the union plays in<br />

ensuring that flex agreements remain in place.<br />

Talk to them about issues that the union is active around<br />

which may impact upon them such as privatisation<br />

of public services, job cuts or the capability and<br />

performance frameworks.<br />

Explain how the union operates at a workplace level<br />

and that in addition to industrial leverage, the PSA<br />

also offers an opportunity to connect with other public<br />

servants and public service stakeholders through<br />

community campaigning.<br />

I can get all the benefits anyway, so why join a union?<br />

If everyone acted on this theory there would be no<br />

union and conditions for workers would be much,<br />

much worse.<br />

Some people simply don’t realise that a union’s only<br />

income is from fees paid by members.<br />

Appeal to their conscience and sense of fair play.<br />

Many non-members probably don’t feel that they have<br />

“ridden on the backs” of union members to gain better<br />

conditions and services.<br />

But the fact is by accepting those gains without<br />

contributing in any way that’s exactly what they are doing.<br />

Encourage them to actively support further<br />

improvements in conditions by joining the union.<br />

Members have access to the services of skilled industrial<br />

relations practitioners and advocates.<br />

The PSA will not assist non-members industrially or<br />

provide benefits to non-members.<br />

Only PSA members benefit from a number of nonindustrial<br />

value-added services such as:<br />

• Journey Protection Scheme<br />

• PSA/CPSU Provident Fund<br />

• Group Accident Insurance Scheme<br />

• Group Accident Insurance Scheme Family Cover<br />

(additional cost)<br />

• PSA Scholarships<br />

• One free legal consultation for non-industrial matters.<br />

I don’t need the union – I can look after myself<br />

Being part of a democratic union, where decisions are<br />

made by members, increases the power of the voice of<br />

each individual.<br />

There is also a greater chance that their views will be<br />

taken on board.<br />

An organised group has a much stronger voice with the<br />

government and senior management than one person<br />

on their own.<br />

If an issue at work became a legal situation, would a<br />

lone individual still be able to “look after” themselves?<br />

Union fees are too high<br />

Union fees return dividends through higher wages, job<br />

protection, better working conditions, and more.<br />

Fees are also based on salary level with a lower rate for<br />

low paid or part-time workers.<br />

Union fees are tax deductible.<br />

I’m temporary/part time<br />

Temporary employees often need more protection than<br />

permanent staff due to the nature of their employment.<br />

This group of workers receives the same benefits as<br />

everyone else, benefits which have been fought for and<br />

won by the union.<br />

Part-time members will usually pay a lower fee level.<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 15


MEMBER REPORT BACK<br />

Name: ..................................................................................................................................................................................................................................................................................<br />

Position: ......................................................................................................................................................................................................................<br />

Phone no: (w) ............................................................. (h)..............................................................(m)....................................................................<br />

Email: ...........................................................................................................................................................................................................................<br />

Workplace: .................................................................................................................................................................................................................<br />

Membership no: .......................................................................................................................................................................................................<br />

Date joined: ...............................................................................................................................................................................................................<br />

Financial? Yes No<br />

Issue: ............................................................................................................................................................................................................................<br />

Date: _____ /_____ /______<br />

Issue/question<br />

(Background to issue/question, date of incident, people involved, where it happened, what action the member has taken to date etc.)<br />

........................................................................................................................................................................................................................................<br />

........................................................................................................................................................................................................................................<br />

........................................................................................................................................................................................................................................<br />

........................................................................................................................................................................................................................................<br />

(Continue overleaf if needed)<br />

ACTION<br />

Action to be taken by member:..........................................................................................................................................................................<br />

Action to be taken by delegate:..........................................................................................................................................................................<br />

RESULT..........................................................................................................................................................................................................................<br />

........................................................................................................................................................................................................................................<br />

Date: _____ /_____ /______<br />

16 | <strong>Delegates</strong> <strong>Handbook</strong>


3.2 Planning to organise your workplace<br />

First, ask yourself a few questions:<br />

• How many members are active?<br />

• Are they organised in a manner that strengthens the union’s presence and position?<br />

• Do you know the top issues of concern for members and potential members?<br />

• Do you have enough power and resolve in your workplace to win a fight for a particular issue?<br />

• How will you find out?<br />

Get<br />

organised<br />

Start by assessing your workplace<br />

• What proportion of workers are members?<br />

• Who are the non-members? Are they a particular group (e.g. do they work in the same area? Are they in the same<br />

age bracket?)<br />

• What other factors might affect the level of membership and union organisation in the workplace?<br />

WHAT IS THIS GRAPHIC ABOUT?<br />

Mapping your workplace<br />

To organise your workplace you need to plan.<br />

A good place to start is to develop a picture or “map”.<br />

This should include all the available information about members and non-members.<br />

From this, you can develop a recruitment strategy, plan campaigns and organise.<br />

There are a variety of ways you can “map” your workplace.<br />

A floor plan map<br />

Simply draw a plan of the work area showing each worker and their location.<br />

You can then identify members and non-members as well as note the delegates/activists, the attitude of each to the<br />

union or a particular issue, their gender, age, languages spoken etc. In a large workplace you may need more than one<br />

map. Keep your map up to date. Add information as you receive it to build up an accurate picture of your workplace.<br />

Figure 1 – Floorplan map<br />

Jan Rajiv Jo<br />

Manager<br />

Terry Katie<br />

Lillian<br />

Li<br />

Pedro Ray<br />

Tony<br />

Admin Asst<br />

Felicity<br />

Asst Manager<br />

Member Non-member Delegate<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 17


A profile or matrix – table of member information<br />

Figure 2 – Profile map<br />

No.<br />

workers<br />

No.<br />

members<br />

P - Part Time<br />

F - Full Time<br />

C - Casual<br />

Issues<br />

D - Delegate<br />

C - Contact<br />

Other<br />

Section A 10 9 F - 8<br />

P - 1<br />

C - 1<br />

Section B 10 9 F - 8<br />

P - 1<br />

C - 1<br />

Department A 10 6 F - 9<br />

P - 1<br />

C - 0<br />

Floor 4 10 1 F - 1<br />

a, b, c<br />

& d<br />

a, b, c<br />

& d<br />

a & b<br />

D - Tony<br />

P - 1 ?<br />

C - 8<br />

Occupation 1 10 2 F - 3<br />

P - 7<br />

b<br />

C - 0<br />

Occupation 2 10 7 F - 10<br />

P - 0 b, c & d C - Maria<br />

You can make a table of information on a whole workplace or sections within it.<br />

For example, the names, number of workers/members, whether they are a contact/delegate, full time/part time, casual/<br />

permanent, their gender, cultural or linguistically diverse groups, issues that concern them etc.<br />

18 | <strong>Delegates</strong> <strong>Handbook</strong>


A relationship map – social and work relationships<br />

This is a diagram that identifies the people you interact with at work. Connections can be based on work itself, a social<br />

club, being a shift worker, sporting interests etc.<br />

Figure 2 – Relationship map<br />

Shane<br />

Aaron<br />

Cindy<br />

Jeff<br />

Briony<br />

Linda<br />

Lee<br />

(delegate or<br />

activist)<br />

Alyssia<br />

Ramos<br />

Angelo<br />

Dylan<br />

Blake<br />

Keri<br />

Mel<br />

Use your map to find:<br />

• areas where the union is already strong and where there are weaknesses<br />

• who might be the best people to approach first<br />

• who might be able to assist you by influencing others.<br />

At a basic level, you need to know who belongs to the union and who does not. Your PSA organiser can give you a list<br />

of members and from there you can keep your own records. It’s a good idea to set up regular informal meetings with<br />

your more active and involved members and those in whom you see potential.<br />

The maps can also be used to:<br />

• build networks, committees<br />

• identify weaknesses in the organising network<br />

• note particular issues<br />

• establish the pathways used by management<br />

• improve union communication.<br />

If you are in a dispute or conducting a campaign, a map is extremely useful for ensuring rapid information flow and<br />

developing collective action.<br />

By keeping the map up to date, it is much easier to keep track of your progress, determine new priorities and keep<br />

one step ahead of management.<br />

Collecting information is a good idea<br />

But do not give your workmates the impression you are keeping a dossier on them. Trust is everything.<br />

Keep all information confidential and never use anything of a personal nature such as details of private lives, family<br />

or domestic situation.<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 19


3.3 Identifying organising issues<br />

Organising = issues + activists<br />

To organise your workplace to successfully strengthen the union, you must first determine<br />

the issues that workers consider important.<br />

Sample survey<br />

Name:..................................................................................... Position:................................................................................................................<br />

Workplace:.............................................................................................................................................................................................................<br />

Please complete the following questionnaire with specific regard to the above enquiry, by placing a CROSS X in the<br />

appropriate box<br />

Yes No Unsure<br />

1. Is job security a concern? <br />

2. Is an excess workload of concern to you? <br />

3. Do you work unpaid overtime? <br />

4. Have you forfeited accrued flexitime? <br />

5. Are flexible work practices/family friendly provisions supported in your area? <br />

6. Do you want better parental leave provisions? <br />

7. Are you provided with sufficient and appropriate training? <br />

8. Are appropriate OHS systems in place in your workplace? <br />

9. Have you witnessed, or been subjected to, bullying or harassment in your workplace? <br />

10. Does your local management consult with you on proposed changes? <br />

11. My question was answered in full <br />

Please write any further comments overleaf<br />

Thank you for your help<br />

20 | <strong>Delegates</strong> <strong>Handbook</strong>


Surveys are useful for a number of reasons as they can:<br />

• gather information about issues that members and<br />

non-members believe the union should be involved in<br />

• demonstrate you are seeking everyone’s views<br />

• provide information that will help you recruit more<br />

members<br />

• help you decide the best issues to organise around,<br />

i.e. those issues that are more likely to encourage<br />

members to become actively involved<br />

• provide the basis for a strong definitive statement to<br />

management e.g. “Our survey showed 99% of staff<br />

believe...”.<br />

Surveys should be kept fairly brief.<br />

Multiple choice is easier to collate and should make up<br />

the bulk of the survey.<br />

Space should be allocated for any additional comments.<br />

Try conducting a workplace walk around with a survey<br />

or questionnaire. Your PSA Organiser can help you<br />

plan this.<br />

Remember to report back to members once the survey<br />

data has been collated.<br />

It is important to show that the issues raised are being<br />

taken seriously.<br />

Meetings<br />

Regular workplace group meetings are a good forum<br />

in which to raise issues of concern to members and<br />

workshop ways to resolve the matters in a united way.<br />

(See Section 3.5 on Organising your workplace group)<br />

One on one<br />

An effective way to determining which issues are<br />

important in your workplace is to talk to the workers<br />

themselves.<br />

Nothing beats a one on one conversation. Nothing.<br />

That way you can assess the concerns of workers who<br />

may not want to attend meetings.<br />

It is also more informal and non-threatening and you<br />

can tailor your approach to the individual’s particular<br />

interests, personality, knowledge and availability.<br />

See Section 5 for some common workplace issues, how to<br />

handle and organise around them.<br />

Organising around issues<br />

Every issue, negotiation and dispute should be used to:<br />

• involve members<br />

• develop the skills of activists<br />

• and build and strengthen the union’s membership<br />

base and position.<br />

Which issues?<br />

An individual’s concern might be an underpayment or<br />

overpayment, not receiving correct leave entitlements<br />

or discrimination.<br />

The best way to ascertain issues of concern to members<br />

is to ask them and keep your ear to the ground.<br />

Everyone has a right to privacy and in addition, some<br />

individual issues may be sensitive and should be treated<br />

as such.<br />

It is not appropriate to discuss a member’s issue with<br />

others without first seeking their express permission.<br />

Respect is the key.<br />

Some issues will concern many workers in the workplace<br />

and can form the basis for collective action.<br />

To assess the importance and scope of a problem, you<br />

need to determine:<br />

• how many workers are affected<br />

• the strength of feeling surrounding the matter<br />

• whether the issue is winnable, totally or in part.<br />

If the issue is widely and deeply felt and believed to be<br />

winnable, even to some degree, you can and should<br />

organise around it.<br />

Your PSA Organiser can give you advice on how to do<br />

this and provide support when needed.<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 21


3.4 Organising women and<br />

indigenous workers<br />

Sixty two percent of the PSA<br />

membership is female.<br />

Women workers<br />

The PSA has particular structures to promote women’s<br />

issues and encourage women members to be actively<br />

involved in the union. As a delegate, you should make<br />

women members in your workplace aware of this.<br />

Women’s Contact Officer (WCO)<br />

The WCO is a major point of contact for union information<br />

on issues of relevance to women members. The WCO<br />

brings women’s issues to the workplace group meeting.<br />

They are elected by their workplace group and can set up<br />

women’s networks in the workplace.<br />

A female delegate can also be a WCO.<br />

Women’s Council<br />

Women’s Council consists of all the women members of<br />

the PSA.<br />

The Women’s Council (i.e. women members) then elect<br />

a committee of management every two years.<br />

This committee is a forum for discussing issues of concern<br />

to women across the membership and developing<br />

policies and campaigns around these issues.<br />

You are encouraged to raise issues of concern to your<br />

Women’s Council Committee member. Contact the<br />

PSA’s Gender and Equity Analyst 1300 772 679 if you are<br />

unsure who that is in your area.<br />

Women’s Conference<br />

The annual PSA Women’s Conference is held in the<br />

first half of September each year. It is a forum that<br />

provides an opportunity for women members to hear<br />

expert speakers on topics of interest and to improve<br />

their knowledge and skills in particular areas. It is<br />

also an excellent networking arena. The conference<br />

is advertised in Red Tape and on the PSA website. All<br />

women members are eligible to attend. Some places<br />

are reserved for first time attendees.<br />

Gender and Equity Analyst<br />

The Gender and Equity Analyst undertakes research<br />

on gender and equity issues, writes Women@Work,<br />

develops policy on women’s industrial matters in<br />

conjunction with Women’s Council Committee;<br />

promotes women’s issues in the workplace as well as the<br />

broader community through submissions and working<br />

collaboratively with other organisations.<br />

22 | <strong>Delegates</strong> <strong>Handbook</strong>


The Unit also encourages women’s activism, organises<br />

the annual PSA Women’s Conference in consultation<br />

with the Women’s Council Committee, campaigns on<br />

women’s issues, provides training to women members<br />

(Women in the Union) and for PSA staff on specialist<br />

issues such as sexual harassment.<br />

The Unit also advises other industrial staff on issues<br />

such as discrimination and harassment and represents<br />

the interests of women members of the PSA within the<br />

broader union movement.<br />

Individual matters are normally managed by Industrial<br />

Advocates with specialist advice and support from the<br />

Gender and Equity Analyst who, if requested, will visit<br />

workplaces and talk to women workers.<br />

Women’s training<br />

The PSA runs specific union training for women<br />

members which provides an excellent entry point for<br />

those who wish to find out more about the union and<br />

become more active in the workplace.<br />

For more information contact the PSA on 1300 772 679<br />

For more information on PSA training see the<br />

training program in Red Tape, visit the PSA website,<br />

or contact the Training Unit on 1300 772 679 or email<br />

training@psa.asn.au.<br />

Organising indigenous<br />

members<br />

The PSA recognises that indigenous workers have<br />

unique issues in the workplace from racism matters,<br />

discrimination or particular culturally sensitive concerns.<br />

Aboriginal Liaison Officer<br />

The PSA’s Aboriginal Liaison Officer (ALO) assists delegates<br />

and indigenous members, helps organise indigenous<br />

networks in the workplace, provides advice on problems<br />

that may arise and develops materials and activities to<br />

promote awareness of indigenous issues.<br />

If you have indigenous workers in your workplace, ensure<br />

they are aware of the assistance available from the ALO.<br />

As a delegate, you should always be sensitive to<br />

indigenous issues when organising in the workplace<br />

and include this in your workplace mapping and<br />

planning.<br />

Indigenous members’ training<br />

The PSA Training Unit offers courses specifically for<br />

indigenous members.<br />

Contact the Training Unit on 1300 772 679 or email<br />

training@psa.asn.au for more information.<br />

Contact the Aboriginal Liaison Officer for more<br />

information on organising and recruiting indigenous<br />

members on 1300 772 679 msc@psa.asn.au<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 23


3.5 Organising your workplace group<br />

The number of members in a workplace is important but<br />

you can only make a real difference on their behalf by<br />

harnessing their collective strength through organising<br />

and activating.<br />

Developing activists<br />

An effective workplace group committee is essential in<br />

identifying activists in your area.<br />

Every workplace needs as many activists and contacts<br />

as possible.<br />

Ideally, you should have a contact in each work area.<br />

Use your map of the workplace to identify areas where<br />

activists are needed and where existing activists are<br />

located.<br />

Aim for about one activist for every 5 workers.<br />

Some activists may wish to only pass on information,<br />

collect views and keep in touch with you. That’s fine.<br />

Anyone who commits to any task in support of the<br />

union is a resource to be valued and nurtured.<br />

Potential activists<br />

Set up a checklist for potential activists.<br />

Are they someone who:<br />

• is already a member?<br />

• is a leader in their work area, their community?<br />

• is well respected in the workplace?<br />

• questions rather than passively accepts?<br />

• is interested in general issues not just personal matters?<br />

• puts forward views respected by others?<br />

Involving potential activists<br />

Things they could be asked to do:<br />

• be a contact in their work area<br />

• talk to non-members about joining<br />

• hand out union flyers or other information<br />

• explore the views of others in their work area<br />

• attend meetings and encourage colleagues to do so<br />

• be part of the workplace committee.<br />

Every activity by a member strengthens your workplace<br />

organisation and lightens your load.<br />

Informal networks and<br />

committees<br />

The best way to structure union activity and increase<br />

involvement in the workplace is to establish a committee<br />

or an organising network.<br />

In most workplaces, workers are grouped together and it<br />

is possible to hold regular committee meetings.<br />

In others, it is more difficult to set up a face to face meeting<br />

due to the location and roles of some members.<br />

In this case, telephone or teleconferencing could be used.<br />

Email is a common method of sharing ideas but<br />

remember not everyone always reads their emails and<br />

24 | <strong>Delegates</strong> <strong>Handbook</strong>


management are able, and have the right, to access all<br />

email files.<br />

Deleting a file from your inbox or outbox does not<br />

remove it from the server where files are archived.<br />

Telephone or face to face conversations are always best.<br />

Phone trees<br />

Where there are a number of members scattered across<br />

different workplaces or it is difficult to organise face to<br />

face meetings, a phone tree is an excellent tool to pass<br />

on information, collect views, attitudes and ideas.<br />

The tree operates like a chain letter. Each person in the<br />

“tree” undertakes to make a small number of phone calls<br />

which means say, 25 or more people can be contacted<br />

by making five phone calls. The more active contacts you<br />

have, the easier it is to get the message out.<br />

Your local intranet<br />

An intranet in your agency is also a great additional<br />

way to disseminate meeting notices and updates to<br />

members. But remember, management has access to<br />

any material on a network system.<br />

Don’t forget to use your notice boards and tea rooms as<br />

places to leave union information.<br />

If your workplace does not have a notice board, talk<br />

with your Human Resources/Industrial Relations Unit<br />

about getting one set up.<br />

Networks<br />

Creating networks within your workplace or across<br />

workplaces is a great way to get people involved.<br />

A network can keep everyone in touch with issues,<br />

share information, ideas and experiences.<br />

Network members might:<br />

• ring around the network to collect experiences of a<br />

new problem<br />

• spread the word about a successful outcome<br />

• share thoughts on organising ideas<br />

• distribute flyers, ensure survey forms are completed<br />

and returned.<br />

If communication between network members is<br />

restricted to telephone contact, regular face to face<br />

meetings should be arranged. This will encourage those<br />

in weakly organised areas and help build unity.<br />

Make sure your workplace map records network<br />

members and other key contacts.<br />

Workplace organising<br />

committees<br />

While there is a formal committee structure (see<br />

section 3.7), an informal committee structure will assist<br />

organising in your workplace.<br />

Your local workplace committee should comprise, if<br />

possible of:<br />

• sufficient members so that it is representative of all<br />

workers<br />

• someone from each classification, shift, section or<br />

work area<br />

• members who reflect the diversity of the workplace<br />

• workplace leaders that others turn to for advice.<br />

Committee meetings<br />

There are formal meeting procedures for official workplace<br />

group committees, (see sections 3.6 and 6.3). However, it is<br />

a good idea to follow some rules for informal committees.<br />

Before the meeting<br />

• make sure everyone knows when, where and why the<br />

meeting is being held<br />

• assign someone to facilitate the meeting and to take<br />

notes<br />

• prepare an agenda.<br />

During the meeting<br />

• don’t let it get bogged down or side-tracked by<br />

unimportant matters or repetition<br />

• don’t allow one person or group to dominate,<br />

encourage everyone to contribute<br />

• ensure a clear decision is reached on every agenda<br />

item, that everyone is aware of the decision and who<br />

will carry it out.<br />

After the meeting<br />

• have someone type up brief notes including decisions<br />

and actions to be taken and distribute them to the<br />

members quickly. Remember to respect privacy issues<br />

in the notes.<br />

Get<br />

organised<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 25


3.6 Workplace meetings<br />

As well as regular meetings of activists in your workplace, you will occasionally also be required to call general union<br />

meetings to deal with particular issues such as a restructure.<br />

These meetings are important opportunities to:<br />

• engage and inform workers<br />

• report back on negotiations, campaigns<br />

• seek information and volunteers to assist with an issue<br />

• enable workers to participate & be involved in decision making<br />

• secure support or endorsement<br />

• develop unity and a sense of union community<br />

• organise a campaign around an issue.<br />

Formal membership meetings<br />

Formal PSA membership meetings should comply with by-laws 1 to 48 of the PSA Rules and By-Laws. (See<br />

Section 6.3 for a copy of the PSA meeting procedures)<br />

Informal workplace meetings<br />

Most meetings on issues that have been identified in your workplace will be run as informal meetings.<br />

26 | <strong>Delegates</strong> <strong>Handbook</strong>


Running a formal workplace meeting<br />

Preparation<br />

Before the meeting:<br />

• arrange for those involved to meet and discuss the<br />

conduct of the meeting<br />

• clarify the purpose of the meeting<br />

• specify the type of the meeting e.g., lunchtime, stop<br />

work<br />

• book the venue<br />

• promptly notify members and promote the meeting<br />

(where and when) via posters, email or leaflets –<br />

remind members the day before or on the morning<br />

of the meeting.<br />

• invite non-members to come along, are they<br />

interested in joining?<br />

• arrange for any equipment or material that may be<br />

needed (e.g., butcher’s paper, overhead projector,<br />

handouts)<br />

• decide how you wish to conduct the meeting - how<br />

formal or informal (if formal, be familiar with the PSA<br />

meeting procedures)<br />

• decide on a Chairperson, who will take the minutes,<br />

and who will make any reports or put motions<br />

• prepare an agenda and a rough time limit for each<br />

item<br />

• have copies of the last meeting’s minutes ready (if<br />

appropriate).<br />

The meeting agenda should include:<br />

• opening and approval of agenda<br />

• apologies<br />

• minutes of previous meeting<br />

• business arising from those minutes<br />

• correspondence<br />

• business arising from that correspondence<br />

• reports<br />

• general business<br />

• closing.<br />

Begin the meeting<br />

Chairperson should open the meeting, welcome<br />

everyone and acknowledge country<br />

Then outline the:<br />

• purpose of the meeting<br />

• procedure that will be followed<br />

• agenda, including timeframes<br />

• ask for disclosures.<br />

If you think you will have the time, ask for any<br />

additional items or deal with extra matters under “any<br />

other business”.<br />

During the meeting<br />

• introduce the person to give the report<br />

• invite questions<br />

• clarify issues, options through discussion<br />

• seek a motion to resolve the issue<br />

• take a vote and explain what will be next<br />

• explain how the result will be conveyed to members<br />

• close the meeting.<br />

The Chair<br />

An informal meeting may have a facilitator instead of<br />

a Chair to help keep track of time for each item. But<br />

formal meetings must have a Chair.<br />

The Chair should also:<br />

• ensure everyone has an opportunity to participate<br />

• anticipate concerns and make sure they are<br />

channelled constructively<br />

• canvass views and test support for various options<br />

• summarise regularly<br />

• identify areas of agreement and disagreement<br />

• keep the meeting to the declared time limit - this<br />

avoids members leaving before a resolution is voted<br />

on.<br />

Reports<br />

Those giving reports should be advised of the time<br />

allocated for the task.<br />

A report which is “received” does not commit the<br />

meeting to action. However, a report that is “adopted”<br />

indicates general approval of the course of action<br />

recommended or taken.<br />

Motions and amendments<br />

The business of the meeting is conducted through<br />

debate, shaping and determining a motion and then by<br />

voting on motions or resolutions.<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 27


Resolutions/motions<br />

These must be clear statements of intent or concern not<br />

rambling philosophies.<br />

• motions should be in a positive form that calls for<br />

action (rather than a statement) – it should be clear<br />

who is to take the action and what is required<br />

• motions should preferably be in writing to avoid<br />

misunderstanding<br />

• motions must be seconded before they are debated<br />

• if there is no seconder, the motion lapses.<br />

Amendments<br />

• an amendment to a motion must be clear and relevant<br />

to the original motion (i.e. it modifies or clarifies the<br />

motion but is not in opposition to it)<br />

• an amendment that is carried becomes the motion<br />

and is then voted on.<br />

Foreshadowed motions<br />

• to put a motion in a different form to that before the<br />

meeting, another motion can be foreshadowed<br />

• the foreshadowed motion should be read to the<br />

meeting<br />

• if the original motion is lost, the foreshadowed motion<br />

may be moved<br />

• if the original motion is carried, the foreshadowed<br />

motion lapses if it is incompatible.<br />

Debate<br />

• the mover of a motion has the opportunity to speak<br />

to it – if they don’t, they can’t speak again until the<br />

end of the debate when the mover has a second right<br />

to speak<br />

• usually speakers should be “one for” then “one against”<br />

the motion<br />

• no more than two speakers from either side should<br />

speak in a row – if there are no speakers for the other<br />

side, the motion should be put (voted upon)<br />

• at any time during the debate a member can ask for<br />

the motion to be put, a vote is then taken and if it has<br />

the majority, the motion is put to the meeting<br />

• the Chair of the meeting should ensure debate doesn’t<br />

get bogged down or repetitious – if this occurs they<br />

should, with the support of the meeting, end debate<br />

and put the motion.<br />

Suspending standing orders and moving “into<br />

committee”<br />

Standing orders can be suspended to:<br />

• consider an item of importance not on the agenda<br />

• allow a visiting speaker to be heard.<br />

• moving “into committee” means that matters can<br />

be discussed less formally and members can speak<br />

several times.<br />

Voting on a motion<br />

When a motion is moved:<br />

• The Chair calls for a seconder<br />

• seconder seconds the motion<br />

• mover states the reasons for the motion and why it<br />

should be supported (optional)<br />

• seconder speaks in support of the motion (optional)<br />

• The Chair asks if there is any opposition to the motion<br />

(if not, the vote should be taken immediately)<br />

• speaker against speaks against motion<br />

• The Chair calls for further speakers for or against<br />

• mover can exercise “right of reply”<br />

• The Chair takes the vote on the motion and declares<br />

the result<br />

• where “tellers” (vote counters) are used they should<br />

be people who have not spoken in the debate and are<br />

acceptable to the meeting.<br />

Disclosure and Perceived Conflict<br />

On occasions a member’s workplace role may be<br />

perceived by other members as posing a conflict.<br />

The onus on all members is to disclose if they have<br />

a conflict of interest and to determine how best to<br />

manage that conflict.<br />

It is not the role of other members or delegates to<br />

determine if a PSA member has a conflict or how that<br />

conflict should be managed. However it is recognised<br />

that the management of perceived conflicts by<br />

delegates can be complex and advice in these situations<br />

may be sought from a PSA Organiser.<br />

(See PSA Statement of ethics Section 6.2)<br />

After the meeting<br />

• ensure that the minutes or updates properly represent<br />

what took place<br />

• arrange for the decisions of the meeting to be carried<br />

out and identify who by<br />

• set a date, time and place for the next meeting and<br />

publicise the details.<br />

Formal meetings can be confusing at first and probably<br />

will not occur that frequently. But they are important<br />

from time to time when a group of members needs to<br />

make a formal decision. For example, to accept a pay<br />

rise, a change in conditions or around a restructure.<br />

Remember, you can always call the MSC for advice and<br />

the union runs training on formal meeting procedure.<br />

See Section 6.4 of this manual for more details about<br />

formal meeting procedure.<br />

28 | <strong>Delegates</strong> <strong>Handbook</strong>


3.7 Workplace groups<br />

The workplace group<br />

The workplace group (WPG) is the basic unit of the PSA’s<br />

workplace organisation. It is described in the PSA rules.<br />

It consists of members in a workplace or group of small<br />

workplaces (which can include members from more than<br />

one agency).<br />

Every workplace group can elect one delegate per 40<br />

members.<br />

The workplace group should meet at least every quarter<br />

and all important issues affecting the workplace should be<br />

raised at these meetings.<br />

The workplace group also plans recruitment activity.<br />

The workplace group committee<br />

The role of the workplace group committee (WPC) is to<br />

recruit new members to the union and look after the<br />

interests of local members.<br />

It initiates, plans and implements campaigns around local<br />

issues.<br />

The workplace group committee consists of elected<br />

members – a Chair, Secretary, Women’s Contact and<br />

delegates from all sections of the workplace.<br />

The number of delegates that can be elected to the WPC is<br />

generally flexible but ideally, there should be one delegate<br />

for every ten union members.<br />

At the very least, workplaces should have at least two<br />

delegates.<br />

<strong>Delegates</strong> are usually elected at an Annual General Meeting<br />

(AGM) of the workplace group.<br />

The WPC should meet at least once every two months.<br />

Every workplace group should preferably have a workplace<br />

group committee.<br />

Duties of WPC positions<br />

Chair<br />

As well as conducting meetings of the WPG and WPC, the<br />

Chair of the WPC is a leading union spokesperson in the<br />

workplace.<br />

They lead and encourage other delegates and members,<br />

will usually be the union contact for management and<br />

assign work to other WPC members.<br />

Secretary<br />

The Secretary takes minutes of all WPG and WPC meetings<br />

and ensures they are distributed.<br />

They are the central repository of all the paperwork generated<br />

by union activities and should maintain an up-to-date contact<br />

list of all WPC delegates for members.<br />

Women’s Contact<br />

Members of the Women’s Council Committee hold ex officio<br />

status on the WPC, and may also act as Women’s Contacts<br />

(WCs).<br />

The Women’s Contact distributes union material regarding<br />

women’s issues (for example, the Women@Work newsletter)<br />

and ensures that women’s interests are promoted in the<br />

workplace.<br />

The WC encourages union activity amongst women members,<br />

particularly encouraging them to nominate as delegates.<br />

Vice Chair<br />

The Vice Chair stands in when the Chair is not available and<br />

can also share duties with the Chair such as rotating the<br />

handling of meetings.<br />

Assistant Secretary<br />

The Assistant Secretary supports and assists the Secretary,<br />

for example, rotating the taking of minutes etc.<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 29


Details of elections, composition and functions of the<br />

various workplace bodies and decision making structures<br />

are included in the PSA Rules and By-laws which is<br />

available from the PSA Communications Section, and on<br />

the PSA website www.psa.asn.au.<br />

Advisory Groups<br />

There are various advisory groups that formulate<br />

recommendations and policies on matters affecting<br />

wider groups of members. Advisory groups can include:<br />

Departmental Committees<br />

Where a workplace group usually covers only part of an<br />

agency, a Departmental Committee (DC), as the name<br />

suggests, covers the whole department or agency.<br />

The Departmental Committee generally deals with issues<br />

affecting all, or a large section of the department/agency<br />

such as restructures, relocations or staffing issues.<br />

The DC members decide on the overall policy and<br />

industrial strategy for the PSA in that agency and like the<br />

WPC, the DC can initiate campaigns.<br />

The DC also makes recommendations to the PSA<br />

Executive and Central Council on various matters, in<br />

particular, whether industrial action should be taken in<br />

relation to a certain issue.<br />

Decisions made at the WPC or WPG level may be referred<br />

to the DC for approval, since the DC represents the<br />

interests of all members concerned.<br />

The DC consists of delegates elected from members in<br />

that agency - the agency is divided into electorates so<br />

that all areas are properly represented.<br />

Members are elected onto the Departmental Committee<br />

every two years.<br />

The DC consists of a Chair, Vice Chair, Secretary, Assistant<br />

Secretary and a number of delegates.<br />

The PSA Industrial Advocate or Organiser for your agency<br />

will normally attend DC meetings.<br />

Note: While there is no formal relationship between the<br />

WPC and the DC, in practice WPC members and especially<br />

the Chair of the WPC, will often be on the Departmental<br />

Committee for the agency.<br />

Vocational Branches<br />

A vocational group consists of members across a<br />

vocational area which may extend across departments/<br />

agencies.<br />

The vocational group elects a committee similar to a<br />

Departmental Committee to work on award and other<br />

vocational matters.<br />

The Prison Officers Vocational Branch is an example.<br />

District Branches<br />

District branches maybe set up for each of the six country<br />

regions across the state.<br />

They are comprised of workplace group delegates from<br />

the respective region and deal with regional issues across<br />

agencies.<br />

Joint Consultative Committees<br />

Consultative arrangements between the PSA and<br />

the NSW Government provide for joint consultative<br />

committees (JCC) in agencies.<br />

In other employers, like Universities, the obligation to<br />

consult may be found in the enterprise agreement.<br />

The JCC consists of the head of department (or nominee)<br />

and the PSA General Secretary (or nominee) and a<br />

number of other members (ideally, equal numbers of<br />

management and union delegates).<br />

The PSA Industrial Advocate covering the agency will<br />

normally attend as PSA nominee, as well as DC and WPG<br />

delegates.<br />

The JCC union representatives should caucus (meet)<br />

before every JCC meeting and decide in advance their<br />

strategy and who will argue it.<br />

A ‘whip’ should also be elected to set caucus dates and<br />

ensure availability.<br />

There should be a report back to the DC and the<br />

membership on the outcomes of the JCC meeting.<br />

NOTE: A JCC is not a PSA structure but a joint arrangement<br />

under NSW government guidelines, or in an enterprise<br />

agreement.<br />

Health & Safety Committees<br />

Work Health and Safety legislation provides for joint<br />

employer- employee H S C committees.<br />

See Section 5.1 for more information on HSC committees.<br />

Women’s Council (see 3:4)<br />

All women members of the PSA make up Women’s Council.<br />

Women members elect a Committee of Management<br />

from agency-based electorates.<br />

Women’s Council Committee of Management deals with<br />

issues of concern to women members and may make<br />

recommendations to Central Council.<br />

Decision making in the union<br />

Workplace group committees will make decisions on<br />

workplace issues with the approval of members in<br />

their workplaces. Departmental Committees can make<br />

decisions on matters affecting the whole agency.<br />

Larger decisions that affect entire agencies or the<br />

membership as a whole will usually go before Central<br />

Council or the PSA Executive for determination.<br />

30 | <strong>Delegates</strong> <strong>Handbook</strong>


Section<br />

4<br />

Skills<br />

for handling problems<br />

and issues<br />

4.1 Steps for dealing with issues in the workplace<br />

4.2 Natural justice<br />

4.3 Effective delegate skills<br />

4.4 Negotiating with management<br />

4.5 Dispute notifications<br />

4.6 The Delegate as a Support Person in<br />

Investigations<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 31


4.1 Steps for dealing with issues<br />

in the workplace<br />

It is important to determine whether you should tackle any given problem or issue by assisting the worker individually,<br />

or if the matter would best be dealt with by involving the wider membership in the workplace.<br />

In any event, work your way through the following steps:<br />

• identify the problem<br />

• collect information and seek advice / consult<br />

• review the problem in the light of this material<br />

• consider all possible options and outcomes<br />

• decide on a course of action.<br />

Representing individual workers<br />

Ask yourself, why is an issue being raised by a member:<br />

• Is it just a passing interest?<br />

• Is it an important problem for the individual?<br />

• Could it affect other workers?<br />

If you are unsure, undertake to investigate and get back to the person as soon as possible. This is very important.<br />

For a member report back form see section 3.1.<br />

Keep notes – having a record of what occurred, when and why could prove to be invaluable at some future date (This<br />

applies to all instances of representation not just for individual issues. Over time, your notes may also show a pattern<br />

of activity in your workplace in relation to certain issues).<br />

Don’t let workers think the union has a magic wand and can fix issues with a click of your fingers. If members want<br />

issues resolved, they need to get involved. They will soon see the difference in management’s response when you all<br />

work together.<br />

32 | <strong>Delegates</strong> <strong>Handbook</strong>


Steps in dealing with individual<br />

problems<br />

Step 1 – Interview the member<br />

• be sympathetic but ask the necessary questions to<br />

get the full picture<br />

• Has the member attempted to resolve their own issue<br />

locally?<br />

• it is crucial to obtain facts from the outset<br />

• check all details and obtain relevant documents. A<br />

diary of events and dates is useful. This information<br />

will be valuable if the matter is later taken before an<br />

industrial tribunal such as the Industrial Relations<br />

Commission.<br />

Step 2 – Assess the situation:<br />

• do you need more information – who can supply it?<br />

• is it an issue you have dealt with previously?<br />

• if you need to talk to management – who is the right<br />

person – or do you require advice from your PSA<br />

Organiser or the union office?<br />

• is it an issue that could/does affect other workers? (ask<br />

your contact/network or workplace group members).<br />

Step 3 – Decide on a course of action<br />

• once all the relevant information has been gathered,<br />

you will be in a position to make an informed decision<br />

as to a course of action<br />

• it is important that the member concerned be<br />

consulted on the manner in which you intend to<br />

handle the situation and that their agreement is<br />

secured in the first instance. Obtain their input so the<br />

member is involved in the solution.<br />

Step 4 – If in doubt…<br />

• if you wish to get a second opinion on what you<br />

propose, please contact the MSC for advice. They are<br />

there to help you<br />

• it is important to be aware of the agreed grievance<br />

procedure in your workplace and to ensure it is<br />

followed. The Public Employment Office document<br />

Dealing with employee work-related concerns and<br />

grievances sets out what should be in your workplace<br />

policy. http://arp.nsw.gov.au/m1996-11-dealingemployee-work-related-concerns-and-grievancesand-harassment-free-workplace.<br />

Step 5 – Follow up<br />

• it is good practice to follow up with members to make<br />

sure they felt their problem was successfully resolved,<br />

and if not, what further action could be taken.<br />

REMEMBER<br />

Everyone believes their problem is urgent. Don’t be<br />

rushed into a hasty response. Make sure you have all the<br />

facts and understand all the options before you respond.<br />

REMEMBER<br />

Never breach a member’s confidentiality.<br />

REMEMBER<br />

Try to involve the member so they feel they have<br />

ownership of the solution.<br />

Handling personal issues<br />

Members may have problems that are not specifically<br />

work-related but which nevertheless have an impact<br />

on their employment. Issues such as alcohol and drug<br />

abuse, domestic violence, gambling or financial stress<br />

can all affect a member’s attendance, performance and<br />

behaviour at work.<br />

It may be the case that in the course of assisting a member<br />

with a workplace matter, personal issues are revealed.<br />

If this occurs, it is important that delegates encourage<br />

members to seek professional assistance whilst also being<br />

aware of the resources that may assist in the workplace.<br />

<strong>Delegates</strong> should ensure that they treat any personal<br />

matters with empathy, respect and confidentiality.<br />

Resources<br />

& Links<br />

Domestic Violence clauses in awards and enterprise<br />

agreements (i.e. section 84A of the Crown Employees<br />

(Public Service Conditions of Employment) Reviewed<br />

Award 2009)<br />

Department of Premier and Cabinet - Alcohol<br />

and Other Drugs, Policy and Guidelines – 1998<br />

http://www.dpc.nsw.gov.au/__data/assets/pdf_<br />

file/0013/1363/Alcohol_and_other_drugs_Policy_<br />

and_Guidelines.pdf<br />

Your Department’s Employee Assistance Program<br />

The Worker’s Health Centre<br />

If the problem is family related, such as caring for a<br />

dependent family member, the member may wish<br />

to negotiate with management over family friendly<br />

options. (See Section 5.8 Work and family issues)<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 33


4.2 Natural Justice<br />

Natural justice is the most fundamental principle in any instance<br />

where accusations or allegations are made.<br />

Essentially, any accused party is entitled to:<br />

• be told the nature of the alleged offence<br />

• be advised what evidence is to be produced to support the charge against them<br />

• a right of reply to the allegations – most important.<br />

These are basic entitlements if a worker’s behaviour or work performance is deemed unsatisfactory.<br />

See section 5.6 for an outline of procedures to deal with poor performance and misconduct issues in the NSW public service.<br />

Where management confronts a worker with a serious workplace issue, the worker should:<br />

• be informed of the problem in a confidential, private environment<br />

• be informed of the evidence against them on which the charge is based<br />

• be given a chance to put their side of the story<br />

• have the opportunity for a union representative or workmate to be present at meetings/counselling sessions<br />

with management.<br />

• a right of reply to the allegations – most important.<br />

34 | <strong>Delegates</strong> <strong>Handbook</strong>


4.3 Effective delegate skills<br />

There are a number of essential skills that make a good delegate including simply exercising common sense.<br />

Listening<br />

A core role of a delegate is to recruit new members<br />

to the union. Member numbers are the key to union<br />

power. <strong>Delegates</strong> need to be able to persuade people<br />

to either join the union, or persuade them to take action<br />

when required.<br />

Listening is a key tool in effective persuasion.<br />

It’s quite simple; ensure you listen to what you are being<br />

told by a member. Indicate that you have understood<br />

what you have heard by paraphrasing the conversation<br />

back to them.<br />

For example, “So you feel that….”<br />

This is active listening.<br />

Other tips for active listening are:<br />

• notice the body language and facial expressions of<br />

the person<br />

• look interested in what is being said<br />

• do not jump to conclusions and do not ever cut<br />

people off.<br />

It is vital that the member feels they have your full<br />

attention.<br />

Note taking<br />

Carry a notebook with you and take and maintain notes<br />

of meetings and discussions.<br />

Make sure your notes are accurate, legible and concise.<br />

Use point form where appropriate and always date your<br />

notes.<br />

Keep all your notes. They may need to be used in future<br />

meetings or disputes, or help you keep a record of those<br />

you gave membership forms and must follow up.<br />

Use member report back forms (See section 3.1).<br />

Record keeping<br />

It is a good idea to have a secure filing cabinet for union<br />

material and that you are able to quickly access any<br />

document when you need it.<br />

Keep records of any industrial matters in which you<br />

have been involved.<br />

Interviewing<br />

Find a quiet place for interviews where you will not be<br />

disturbed and where the member feels comfortable.<br />

Try to ensure that the member is as relaxed as possible.<br />

High emotion comes with the territory but it muddies<br />

the communication process.<br />

Take notes and listen carefully.<br />

Remember that under Clause 53 of the Crown Employees<br />

Award, you may be able to interview members in work<br />

time.<br />

Ask questions to get the facts of the matter and clarify<br />

any confusion.<br />

Discuss options and agree on the next steps to be taken.<br />

After the interview, check your notes and record what<br />

you need to do on your action list.<br />

Report back to the member regarding any action taken.<br />

Speaking to<br />

a group<br />

You will be able to speak more clearly and communicate<br />

more effectively if you:<br />

• organise your ideas before speaking<br />

• have brief notes if necessary<br />

• decide beforehand if you want to take questions while<br />

you are talking or at the end of your speech (advise your<br />

audience of this)<br />

• only begin when people are ready<br />

• engage your audience with eye contact<br />

• speak more clearly and slowly than usual and make<br />

sure everyone can hear you<br />

• keep it short<br />

• check how you are being received – pay attention to<br />

audience reactions and body language<br />

• repeat your main message in conclusion.<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 35


Reporting<br />

• reports-like speeches should be concise and to the<br />

point. Stress key facts and issues<br />

• start with the most recent events and then give some<br />

background<br />

• do not be dramatic, just state the facts and what you<br />

did, when and why<br />

• be accurate, don’t say anything you cannot<br />

substantiate and make sure you don’t omit anything<br />

important.<br />

Remember, reports can be tabled in proceedings before<br />

the Industrial Relations Commission as part of the<br />

official record of a dispute.<br />

Conducting<br />

meetings<br />

The conduct of meetings is covered in Section 3.6<br />

Workplace meetings.<br />

Keeping up to<br />

date<br />

A flow of information back to PSA staff is important.<br />

Keep your PSA Organiser and/or Industrial Advocate up<br />

to date with developments of concern to your members<br />

or decisions made at meetings.<br />

Stay in touch with the PSA’s Strategy and Policy Directorate<br />

and ensure that they are aware of any changes in the<br />

branch or workplace group such as new members or<br />

officials and the details of those who change their home<br />

or work addresses and employment status.<br />

Keep your union notice board up to date with current<br />

bulletins, newsletters, posters, brochures and contacts.<br />

Remember: Clause 58 of the Crown Employees Award<br />

states that delegates shall have access to notice boards<br />

for PSA material authorised by the General Secretary.<br />

What you need to know<br />

As a delegate, you will be called upon to offer advice to<br />

members on a range of workplace issues.<br />

To do this effectively you need to be well informed and<br />

well equipped.<br />

Be familiar with the provisions of the awards, agreements<br />

and determinations that govern the conditions of<br />

employment of your members.<br />

The more familiar you are with these documents, the<br />

easier it will be to answer questions and realise when<br />

management is breaching award provisions or procedures.<br />

You should have on hand:<br />

• awards and agreements<br />

• union records (minutes, policy decisions)<br />

• a membership list (from the PSA’s Membership<br />

Section)<br />

• PSA Rules and By laws<br />

• membership forms<br />

• a copy of the branch or workplace group rules.<br />

Awards and enterprise agreements covering your<br />

workplace can be obtained from your Organiser.<br />

They can also be downloaded from the NSW Industrial<br />

Relations Commission, the Fair Work Commission or the<br />

PSA websites.<br />

If you are covered by a NSW award or agreement, go to:<br />

http://www.irc.justice.nsw.gov.au/Pages/IRC_procedures_<br />

legislation/IRC_procedures_legislation_awards.aspx<br />

If you are covered by a Federal enterprise agreement<br />

or award, go to https://www.fwc.gov.au/awards-andagreements<br />

Keep your union material in a central location and make<br />

sure members know where they can find you and these<br />

resources.<br />

Be familiar with the role and functions of the PSA’s Central<br />

Council and Executive as well as peak co-ordinating<br />

bodies such as Unions NSW (www.unionsnsw.org.au)<br />

and the Australian Council of Trade Unions (ACTU) -<br />

www.actu.org.au)<br />

You need to know the procedures to be followed<br />

regarding industrial disputes and who to contact for<br />

support and advice.<br />

(See Section 4.5 Dispute notifications)<br />

You should also broadly know what to do if a member<br />

needs assistance with a workers compensation claim,<br />

promotion appeal or grievance.<br />

(See Sections 5.3 Workers compensation and injury<br />

management, 5.5 Grievances and 5.7 Promotion appeals)<br />

It is important to be sensitive about issues involving<br />

particular groups such as women, members of diverse<br />

ethnic and cultural backgrounds, and indigenous<br />

members.<br />

Be aware of the union’s current training program and<br />

have copies of the program on hand. The program is<br />

printed in Red Tape and published on the PSA website<br />

(www.psa.asn.au).<br />

Remember, Clause 58 of the Crown Employees Award<br />

provides delegates with reasonable access to facilities such<br />

as the telephone and email for authorised union activities.<br />

36 | <strong>Delegates</strong> <strong>Handbook</strong>


Information resources<br />

Publications<br />

The PSA Knowledge Management area keeps resource<br />

materials such as your awards, workplace policies<br />

and guidelines, Red Tape, Women@Work, newsletters,<br />

bulletins, new member’s kits, membership forms, PSA<br />

posters and brochures.<br />

It is also useful to have a publications list and information<br />

on benefits, such as the PSA’s Journey Insurance, the<br />

PSA Provident Fund, Group Accident Insurance Scheme<br />

(including a family option) and legal service.<br />

The PSA Communications Directorate holds many of these<br />

items. For supplies, email communication@psa.asn.au.<br />

You can also publish your own local union newsletter<br />

in consultation with your PSA Organiser or Industrial<br />

Advocate.<br />

Electronic information<br />

The PSA’s Communications Unit issues a regular<br />

email bulletin of news items as well as bulletins for<br />

specific groups of members. These email bulletins<br />

can be distributed around the workplace. To join<br />

the general email list, send an email request to<br />

communication@psa.asn.au or subscribe on the<br />

PSA website.<br />

The PSA website (www.psa.asn.au) has news items,<br />

campaign bulletins, media releases or media articles of<br />

interest, membership and general information about<br />

the PSA and its history as well as many PSA publications.<br />

The CPSU also has a website at www.cpsu-spsf.asn.au.<br />

More information resources are included in Sections 5<br />

and 6.<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 37


4.4 Negotiating with management<br />

Negotiation and power<br />

There are two critical aspects to a successful claim:<br />

1. the strength and merits of the argument or case<br />

2. the level of workplace support around the issue.<br />

Your position will be much more powerful if you can<br />

demonstrate strong workplace support for the issue.<br />

To do this:<br />

• develop your claims through direct member<br />

engagement. This could include surveys, listenings or<br />

member meetings<br />

• have your workplace committee or other activists<br />

discuss and explain the claim in the workplace<br />

• show solidarity and support by wearing coloured<br />

ribbons or badges<br />

• have workers (or where appropriate, the general<br />

public) sign petitions<br />

• highlight the issue at a protest picnic or BBQ<br />

• use placards, posters, flyers to promote the issue for<br />

the tea room or notice board<br />

• where appropriate in consultation with your PSA<br />

Industrial Advocate and the PSA’s Communcations<br />

Directorate use the local media to keep the pressure on<br />

management.<br />

Negotiation tips<br />

• ensure you have the support of the workplace – this<br />

is critical<br />

• present your case clearly and logically. Be forthright<br />

without being too forceful. The facts will speak for<br />

themselves<br />

• never negotiate on your own. Always have someone<br />

with you to corroborate what took place<br />

• never make an unauthorised deal<br />

• maintain unity at all times.<br />

38 | <strong>Delegates</strong> <strong>Handbook</strong>


Prepare:<br />

Preparation is the key to successful negotiation.<br />

You need to:<br />

• collect all the relevant facts and information about<br />

the issue(s)<br />

• have a clear objective, know the outcome you want to<br />

achieve and what that win will look like<br />

• consult with the member or members concerned before<br />

the meeting so you can fully represent their position<br />

• manage member expectations<br />

• have the main issues you wish to raise in point form<br />

• plan your tactics – who will attend, who will speak<br />

and who will take notes etc<br />

• anticipate management’s response and have counter<br />

arguments prepared<br />

• have a fall-back position in mind.<br />

At the negotiation:<br />

• the chief spokesperson must control the team<br />

• state clearly what you want and why<br />

• ask management to explain their position (ask<br />

questions, check for clarity)<br />

• be polite but firm<br />

• check management offers carefully – be sure you<br />

understand what they are offering.<br />

NEVER…<br />

• allow yourself to be side tracked – stick to the issues.<br />

Take time out whenever needed<br />

• discuss, debate or disagree with your colleagues or<br />

other unions at the table – seek an adjournment<br />

• lose your temper<br />

• make personal attacks<br />

• force management to lose face<br />

• make a deal without the express knowledge and<br />

authority of members or members concerned.<br />

At the end of the meeting:<br />

• summarise so that everyone is agreed and<br />

understands the final position<br />

• secure any agreement in writing and have both sides<br />

sign it<br />

• if it looks likely your claim will be rejected, or no<br />

acceptable offer will be forthcoming, indicate that<br />

you have to consult with members and seek their<br />

views.<br />

After the meeting:<br />

• debrief – discuss what happened and capture the key<br />

points<br />

• maintain accurate records of what was discussed and<br />

agreed to<br />

• keep members fully informed – prepare reports and<br />

recommendations<br />

• develop a clear message for 1:1 conversations<br />

• take follow up action as needed<br />

• correspondence with management should come from<br />

the PSA General Secretary (i.e. through PSA staff).<br />

Consult your PSA Organiser or Industrial Advocate in<br />

the first instance.<br />

If you win:<br />

• in individual cases, make sure the member is aware<br />

of the outcome and treat such matters in confidence<br />

• communicate the outcome of the meeting to<br />

members with a recommendation they accept the<br />

offer<br />

• report back to your PSA Industrial Advocate or<br />

Organiser the results of the negotiation and the<br />

decision of the member(s)<br />

• inform management of the outcome<br />

• check that any agreement or undertaking is acted on<br />

by both parties<br />

• celebrate the success in the workplace and with the<br />

negotiating team.<br />

If you are unsuccessful:<br />

• review your objectives and expectations<br />

• report back to members and the union on the<br />

meeting’s outcome. Advise them of what you did<br />

and why<br />

• consult members as to what the next step should be<br />

and the strategy to be adopted.<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 39


4.5 Dispute notifications<br />

All awards and enterprise agreements<br />

must contain a dispute resolution<br />

procedure to resolve industrial disputes.<br />

These procedures will invariably involve a process of consultation/<br />

negotiation at the workplace level.<br />

If all attempts at resolving a dispute at the workplace fail and the relevant<br />

dispute resolution process under the award or enterprise agreement has<br />

been exhausted, a dispute can be lodged:<br />

i. with the NSW Industrial Commission (IRC) for members covered by state<br />

awards or agreements<br />

ii. with the Fair Work Commission (FWC) for members covered by federal<br />

agreements or awards.<br />

Taking a matter to the Commission or Fair Work can force an employer who is<br />

reluctant to negotiate, to do so.<br />

It is also an opportunity to air the union’s concerns and at the same time<br />

highlight the shortcomings in the employer’s position.<br />

Employers can also lodge a dispute in order, for example, to have any<br />

industrial action by the union halted and normal work resumed.<br />

<strong>Delegates</strong> cannot authorise the lodgement of disputes with the IRC or FWC.<br />

This must be done by a PSA Industrial Advocate.<br />

NSW IRC<br />

Resources<br />

& Links<br />

Judgements/Decisions<br />

http://www.irc.justice.nsw.gov.au/Pages/<br />

IRC_judgments/IRC_judgments.aspx<br />

Awards<br />

http://www.irc.justice.nsw.gov.au/<br />

Pages/IRC_procedures_legislation/IRC_<br />

procedures_legislation_awards.aspx<br />

FWC<br />

Decisions<br />

Awards and Agreements<br />

https://www.fwc.gov.au/cases-decisionsand-orders<br />

https://www.fwc.gov.au/awards-andagreements<br />

In the Commission<br />

Once the matter is listed, the parties are called before the Commission for a<br />

conciliation conference.<br />

PSA Industrial Advocates handle the appearances before the Commission.<br />

The Commissioner may make recommendations or orders about how the<br />

matter is to proceed and may direct the parties to discuss the issue further<br />

and report back to the Commission at a later date.<br />

It is a good idea for delegates to attend the hearings so that they can assist<br />

the advocate and report back to members.<br />

Members, if necessary, can then determine a future course of action.<br />

Decisions of the Commission (awards, rates and conditions, reinstatements<br />

etc.) are legally binding and must be complied with by employers, unions<br />

and members.<br />

Matters of broader concern such as working hours, maternity leave and<br />

other service wide conditions are usually heard by what is termed a Full<br />

Bench of the Commission.<br />

40 | <strong>Delegates</strong> <strong>Handbook</strong>


4.6 The Delegate as a Support Person<br />

in Investigations<br />

<strong>Delegates</strong> can be asked by members to support them<br />

during investigations. There are various types of<br />

investigations that can be initiated by the agency.<br />

Investigations may arise as a result of alleged<br />

misconduct, bullying, performance management,<br />

breaches of code of conduct, disciplinary matters, or for<br />

other, and sometimes unspecified, reasons.<br />

The delegate’s support role can include:<br />

• advising the member,<br />

• attending meetings,<br />

• engaging with the Agency on the member’s behalf.<br />

The options available to the delegate vary according to<br />

the reason given for the investigation and applicable<br />

legislation/policy.<br />

This section deals primarily with the delegate’s support<br />

role, particularly representing the member’s best<br />

interests in meetings/interviews. This section of the<br />

handbook should be read along with sections 4.1 Steps<br />

for dealing with issues in the workplace, 4.2 Natural<br />

Justice, 4.3 Effective delegate skills, 5.2 Psychological<br />

Hazards, 5.6 Performance and conduct.<br />

When a member tells you they<br />

are being investigated…<br />

• Interview the member, listening carefully. Remember<br />

they may need to vent some emotion. Allow this but<br />

draw them back on track. Emphasise the importance<br />

of them giving you all the facts, as accurately as<br />

possible. Determine the nature of the allegation and<br />

investigation, and the relevant applicable legislation,<br />

policy and guidelines.<br />

• Ask the member to provide a brief timeline or list of<br />

the issues.<br />

• Check details and obtain any relevant documents,<br />

letters, and notifications from the member. Go<br />

over with them relevant timeframes and the likely<br />

course of events, and potential outcomes, referring<br />

to applicable legislation, policy and guidelines eg.<br />

Rule 36 of the GSE Rules in the case of unsatisfactory<br />

performance and Section 69 (4) of the GSE Act in<br />

the case of misconduct. Check to see if reasonable<br />

notice has been given for the member to reply to the<br />

allegations. Check the relevant policy to see if the<br />

notice period complies.<br />

• Explain your role and manage the member’s<br />

expectations. The member may not get the outcome<br />

they want in every situation. Your role is primarily to<br />

help the member understand the process, put their<br />

best case forward given the actual situation, ensure<br />

due process and procedural fairness is observed and<br />

intervene when this does not occur. Explain your role<br />

can include supporting the member at investigative<br />

interviews called by the agency.<br />

• The member’s responsibility is to carefully consider<br />

any guidance provided by the delegate or PSA staff<br />

and comply with reasonable managerial process, act<br />

in their own best interests, and take responsibility for<br />

their own decisions and actions.<br />

• When you first speak to the member, don’t feel pressured<br />

to give advice on the spot. It is more important that the<br />

advice be correct. Check with the Member Support<br />

Centre and get back to the member if unsure.<br />

• Keep your own record of the interview, and tell<br />

the member that this information will be treated<br />

confidentially within the union.<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 41


When the member has<br />

been asked to respond to an<br />

allegation in writing…<br />

• Remind the member they have a right to be heard<br />

and put their case.<br />

• If the allegation relates to something that occurred a<br />

long time ago they can question why the matter has<br />

not been brought to their attention sooner.<br />

• Sufficient notice should be given to allow the<br />

member to respond to the allegation before any kind<br />

of hearing or interview. If not, ask for more time.<br />

• The member should be given sufficient information<br />

and detail about the allegation to enable an adequate<br />

response. The employee should know what rule<br />

has been broken, conduct is inappropriate and the<br />

possible consequences of their alleged action. Ask for<br />

more detail if needed.<br />

• Check for unsubstantiated allegations and request<br />

these be removed.<br />

• Look out for bias: identify anything in the allegation<br />

that indicates a view has already been formed.<br />

• Check that the investigator and decision maker are<br />

independent.<br />

• Respond to the matters that have been specifically<br />

raised: don’t guess.<br />

• If the allegations are factually correct explain the<br />

circumstances or identify where they are not factually<br />

correct.<br />

• The written report should be concise, clear, truthful,<br />

tell the member’s, side of the story, concentrate on<br />

what the member has experienced and seen and<br />

done themselves, rather than hearsay.<br />

• Advise the member not to vent feelings, make<br />

assumptions, disparage others.<br />

• Remind the member about the importance of<br />

including relevant documentation and time lines.<br />

• Advise the member that delegates and PSA staff<br />

can advise members on how they can respond to<br />

allegations, however they are not able to write the<br />

member’s response for them (although they can<br />

suggest improvements if sufficient time is given).<br />

What does procedural<br />

fairness mean in regard to<br />

investigations?<br />

Procedural fairness requires an investigator to:<br />

• Inform members under investigation of the substance<br />

of any allegations against them<br />

• Provide members with a reasonable opportunity to<br />

put their case<br />

• Hear all parties and consider all submissions<br />

• Make reasonable inquiries before making a decision<br />

• Ensure that no person decides a case in which they<br />

have a direct interest<br />

• Act fairly and without bias<br />

• Conduct the investigation without undue delay<br />

Examples of investigations where the NSW Industrial<br />

Relations Commission found breaches of procedural<br />

fairness include:<br />

• A decision-maker having a pre-determined view of<br />

the outcome of the investigation<br />

• A decision maker taking irrelevant matters into<br />

consideration in making a decision<br />

• An investigator having been involved in one of the<br />

alleged incidents<br />

• An investigator had previous disagreements with the<br />

employee under investigation<br />

• Witnesses not being interviewed<br />

• Unreasonable delays in the process (what is<br />

reasonable will depend on the circumstances)<br />

• An employee under investigation not being given<br />

details of the allegations against them<br />

Before the investigative<br />

interview…<br />

• Ensure that the agenda for the meeting has been<br />

provided in the required time frame and complies<br />

with legislation and policy.<br />

• Check in advance that the member is prepared and<br />

clear about the process, what they can expect, and<br />

the case they are putting, and has documentation<br />

to hand. Be clear on what the member is hoping to<br />

achieve and encourage realistic expectations.<br />

• Arrive early. Advise the member to answer only the<br />

questions asked, remain respectful, and think before<br />

speaking.<br />

42 | <strong>Delegates</strong> <strong>Handbook</strong>


At the investigative interview…<br />

• Your role is to provide moral support, safeguard<br />

against unfair practices and provide witness should<br />

a complaint of procedural unfairness need to be<br />

made. You can complain in the meeting if you detect<br />

procedural unfairness. You should be told the name<br />

of the Departmental Officer to whom complaints<br />

can be made. The rules of investigative interviews<br />

usually preclude observers from advocating directly<br />

on behalf of the member. Exceptions can be made<br />

if there is doubt about the member’s capacity to<br />

understand or speak effectively (translators can also<br />

be provided where necessary).<br />

• Keep your own record of the meeting (including body<br />

language, which can sometimes support evidence of<br />

intimidation).<br />

• Watch for: partiality, indications that an opinion has<br />

already been formed by a Departmental Officer,<br />

questions that are irrelevant to the subject at hand,<br />

signs of previous involvement in the disciplinary<br />

matter by Departmental Officers.<br />

• Questions should be open ended rather than leading.<br />

The tone of questions should not be intimidating or<br />

accusatory. The officers conducting the interview<br />

should avoid making comment on or interpretations<br />

of answers given.<br />

• The member should be invited to make comment on<br />

any relevant issue, or give his or her version of events.<br />

• If you feel the member has gone off track, has forgotten<br />

to say something important, or is endangering their<br />

case, you can call a brief adjournment to regroup<br />

outside the room.<br />

• The member should be told at interview how long<br />

they can expect to wait for a decision about the<br />

allegation and who will make it, and when they will<br />

receive a copy of the record of the interview (usually a<br />

maximum of three days).<br />

• Member will be asked to sign transcript when it is<br />

made available. Advise member that if they disagree<br />

with the transcript they can sign it stating that they<br />

disagree with it, and provide a corrected version.<br />

After the investigative<br />

interview…<br />

• Debrief with the member: Use questions that include<br />

want went well, what would you do differently?<br />

Check if there is any review process available in the<br />

legislation/policy.<br />

• Determine whether the member is satisfied with the<br />

result and advise on review process, or check out<br />

alternative redress and canvass negotiated outcome.<br />

• Seek guidance from PSA staff when needed.<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 43


Section<br />

5<br />

Organising<br />

on specific issues<br />

5.1 Work health and safety<br />

5.2 Psychological hazards – occupational<br />

stressors, violence and bullying<br />

5.3 Workers compensation and injury<br />

management<br />

5.4 Discrimination and harassment<br />

5.5 Grievances<br />

5.6 Performance and conduct<br />

5.7 Promotion appeals<br />

5.8 Work and family issues<br />

5.9 Reviews and restructures<br />

5.10 Contracting out and privatisation<br />

44 | <strong>Delegates</strong> <strong>Handbook</strong>


5.1 Work health & safety<br />

Health and safety in the workplace is a crucial issue for<br />

all workers.<br />

The union movement has played a leading role in<br />

ensuring that this area is a paramount concern and that<br />

workers are protected from risk.<br />

Legislative duties, functions and<br />

rights<br />

In NSW, workers are covered by the Work Health<br />

and Safety Act 2011 and the Work Health and Safety<br />

Regulation 2011.<br />

Everyone in a workplace has a duty under this legislation<br />

whether a CEO, employee, contractor, volunteer, visitor<br />

or client.<br />

All persons are protected from discriminatory, coercive<br />

or misleading conduct in relation to their involvement in<br />

work health and safety issues in the workplace.<br />

The Act states that the Person Conducting a Business or<br />

Undertaking (PCBU – which replaces the term “employer”)<br />

must ensure, as far as reasonably practicable, the health,<br />

safety, and welfare of their workers by:<br />

• providing and maintaining a safe work environment,<br />

safe plant (e.g. equipment - excavators, computers,<br />

photocopiers, workstations) and structures (buildings)<br />

and safe systems of work<br />

• ensuring the safe use, handling and storage of plant,<br />

structures and substances<br />

• providing adequate facilities for the welfare of workers<br />

such as lunchrooms, toilet facilities and employee<br />

assistance programs and ensuring access<br />

• providing information, training and supervision to<br />

protect all persons from risks to their health and<br />

safety. Information and training is to be available prior<br />

to any new plant, substances or work systems being<br />

introduced to the workplace<br />

• monitor the health of workers and workplace conditions<br />

for the purpose of prevention injury or illness<br />

• maintaining worker accommodation (e.g. caretaker’s<br />

house in work grounds, onsite accommodation etc) so<br />

no worker is exposed to risk.<br />

The PCBU (Person Conducting a Business or Undertaking)<br />

who has management or control of the workplace<br />

must ensure as far as reasonably practicable that the<br />

workplace, the means of entering and exiting and<br />

anything occurring in the work environment are without<br />

risks to health and safety.<br />

Workers must in turn take reasonable care in relation to<br />

the health and safety of themselves and others, comply<br />

with any reasonable instruction from the PCBU and<br />

cooperate with policy and procedures so that the PCBU<br />

can meet their WH&S obligations.<br />

Workers also have the right to cease unsafe work if they<br />

have reasonable concerns that to carry out the work<br />

would expose them to a serious health and safety risk.<br />

The PCBU must consult (as far as reasonably practicable)<br />

with other PCBUs and workers on WH&S matters that<br />

affect them or their workplaces.<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 45


WH&S consultation<br />

WH&S consultation centres on the role of the Health<br />

& Safety Representative (HSR) and Deputy HSR who<br />

is elected by and from a workgroup to represent that<br />

workgroup.<br />

HSRs have all of the previous functions of safety reps<br />

plus two additional powers:<br />

A direction to stop work can only be given if the issue<br />

has not been resolved by consultation (unless the risk is<br />

so serious that it’s unreasonable to consult first).<br />

HSRs can also issue a ‘Provisional Improvement<br />

Notice’ (PIN) when they reasonably believe there is a<br />

contravention of the Work Health and Safety Act 2011.<br />

The PSA can provide that training at the request of HSRs<br />

as well as the annual one day refresher course.<br />

A Deputy HSR only takes on the role when the HSR is<br />

absent from the workplace.<br />

An HSR can be elected at the request of just one person<br />

at a workplace (s.50 request). That request should start<br />

a negotiation (and the union can be asked to do this on<br />

behalf of the worker) within 14 days on composition of<br />

the workplace regarding workgroups and HSRs.<br />

HSRs must be members of Health & Safety Committee<br />

(HSC).<br />

Health and Safety Committee functions are focused<br />

on assisting the development of policies, rules and<br />

procedures for workplaces rather than the traditional<br />

workplace involvement under the old OH&S Act.<br />

One HSR or five workers or the PCBU can request the<br />

establishment of a HSC.<br />

The WH&S Act and Regulation gives unions significant<br />

power in dealing with health and safety. Unions have a<br />

right of entry under WH&S to consult and advise relevant<br />

workers and to investigate safety breaches. PCBUs<br />

for example, must consult with the union on WH&S<br />

arrangements and this obligation is also contained in<br />

the Conditions of Employment Award.<br />

In NSW, the union still has the right to prosecute<br />

breaches of the WH&S legislation through a tightly<br />

defined pathway.<br />

Organising around work health<br />

& safety issues<br />

• do a safety audit of your workplace and talk to<br />

workers to identify any potential problem areas or<br />

WH&S issues. (See Section 3.2 Planning to organise<br />

your workplace)<br />

• use audit results to conduct a psychological risk<br />

survey to detect levels of risk from work overload,<br />

violence and bullying<br />

• if an incident has occurred, agitate to have a risk<br />

assessment conducted - with PSA involvement.<br />

Involving the union in such matters is a provision of<br />

the Conditions of Employment Award<br />

• encourage and support members to step up to<br />

become HSRs or Deputies for their workgroup<br />

• if the incident is serious, results in an injury, or<br />

management is not prepared to deal with the matter,<br />

involve WorkCover and/or the PSA<br />

• call workplace meetings to involve members and<br />

potential members in WH&S issues. Those meetings<br />

can also review any risk assessment which has been<br />

carried out<br />

• run a WH&S campaign around these issues. You may<br />

want to get the HSRs and HSCs involved<br />

• use the “consult and advise” provisions to organise<br />

lunch’n’learn session for members and potential<br />

members<br />

• advertise PSA training programs and encourage<br />

members to attend<br />

• prepare a survey (in consultation with your PSA<br />

Organiser) that can be distributed to workers by your<br />

workplace HSR, HS committee and other activists<br />

• use the results of the survey, together with workplace<br />

records of injury and incidents, to develop a health<br />

and safety profile<br />

• apply this profile to a map of your workplace – are<br />

there any links between particular locations or jobs<br />

and health and safety problems?<br />

Resources<br />

& Links<br />

Work Health and Safety Act 2011 and Work Health and<br />

Safety Regulation 2011 and Codes of practice at:<br />

http://www.safework.nsw.gov.au<br />

NSW Department of Premier & Cabinet – Publications<br />

e.g. Working Together, Dignity & Respect http://www.<br />

dpc.nsw.gov.au/publications<br />

PSA Publications (incl Fact sheets), WH&S training,<br />

HSR training http://psa.asn.au/resources/whs/<br />

Your Employer’s Employee Assistance Program<br />

Contact the PSA on 1300 772 679<br />

46 | <strong>Delegates</strong> <strong>Handbook</strong>


5.2 Psychological hazards – occupational<br />

stressors, violence & bullying<br />

A psychological hazard is any aspect of work that has the potential to harm or injure a worker’s mental well-being and/or<br />

physiological health. This can include factors that are an integral part of the job:<br />

• the employee‘s role in the organisation<br />

• interpersonal relationships at work<br />

• organisational structure<br />

• culture and environment.<br />

The term “stress” is often used as a generic term to describe how workers may feel or what may cause them to be<br />

distressed. Stress is a very broad term that actually covers any demand put on the body and mind. It is when there is<br />

too much stress to cope with that it becomes a negative force or a chronic stressor that affects health and well-being.<br />

All workers have a legal right under WH&S legislation to a workplace free from psychological hazards such occupational<br />

violence, bullying and other stressors.<br />

Occupational violence<br />

The PSA defines occupational or workforce violence as “any incident which involves a violent act, a threat of violence,<br />

threatening language or behaviour, or abuse against a worker by another person at work”. The issue of occupational<br />

violence may be covered in the criminal codes and/or WH&S, anti-discrimination and industrial legislation.<br />

Examples of workplace violence are:<br />

• physical or sexual assault<br />

• aggressive behaviour including the threat of physical or sexual assault, verbal threats and intimidation, sexual<br />

harassment, or abuse<br />

• violence or the threat of violence involving a weapon, object, substance, or material, which could result in fatal<br />

injury, physical or psychological injury or illness.<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 47


Workplace bullying<br />

Everyone in the workplace deserves to be treated with dignity and respect. No one should suffer bullying or harassment<br />

while going about their work. (See 5.4 for harassment and discrimination).<br />

Bullying is commonly defined as repeated, unreasonable behaviour directed towards a worker or group of workers that<br />

creates a risk to health and safety.<br />

Repeated behaviour refers to the persistent nature of the actions and can involve a range of behaviours over time.<br />

Bullying commonly involves a series of diverse incidents such as abuse (verbal, physical or emotional), misuse of<br />

workplace systems (unreasonable denial of leave or training opportunities and practical jokes).<br />

Unreasonable behaviour is that which a reasonable person, having regard to all the circumstances, would find<br />

unreasonable, including behaviour that is offensive, humiliating, intimidating, degrading or threatening.<br />

Behaviour that did not intend to humiliate, offend, intimidate or distress, but which did have this effect and should<br />

reasonably have been expected to do so, is still classed as bullying.<br />

Where unintended bullying occurs, and the person is made aware of the effect of their behaviour early on, there is a<br />

good chance the person will change their behaviour and stop.<br />

Bullying is NOT:<br />

• a single incident of unreasonable behaviour – however, it may be harassment or may have the potential to escalate<br />

to bullying and should be dealt with quickly. it should not be ignored<br />

• reasonable managerial actions that are fair, equitable and comply with policies and procedures<br />

• differences of opinion – however, it may have the potential to escalate if not acted on.<br />

Psychological injury or “stress” as a workers compensation issue<br />

When a member has sustained a psychological or stress related injury, they must follow strict guidelines in order for their<br />

workers’ compensation claim to be accepted.<br />

See section 5.3 Workers compensation and injury management: the steps to follow and the workers compensation/<br />

workplace injury guidelines.<br />

Organising around work health & safety issues<br />

Psychological hazards can be approached in the same way as other WH&S concerns.<br />

Where the hazards are seen as systematic within the workplace and affecting a number of members, delegates are<br />

encouraged to use the strategies outlined above.<br />

<strong>Delegates</strong> can also use the process outlined in 5.5 to assist members to pursue a grievance.<br />

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5.3 Workers compensation and<br />

injury management<br />

Members often bring to the union issues and concerns<br />

in relation to workers compensation and injury<br />

management. As a delegate you may be asked for<br />

assistance when an incident or injury occurs at work<br />

or where problems are encountered with claims or a<br />

return to work program.<br />

Prevention in the first instance is best.<br />

Being proactive on health and safety issues can avoid<br />

the need for workers compensation.<br />

The following is a brief outline on the procedures to<br />

follow in the event of a work related injury or illness.<br />

It is not an exhaustive explanation as workers<br />

compensation is a complex area with strict legislative<br />

requirements.<br />

Workers compensation is dependent on the exact<br />

circumstances of each individual incident so outcomes<br />

cannot easily be concluded from other cases.<br />

If someone is injured you should:<br />

• check it has been reported<br />

• investigate the cause of the injury<br />

• assist the member in making a workers compensation<br />

claim<br />

• follow up the progress of the claim, especially if the<br />

member is off work<br />

• refer the member to the PSA’s Member Support<br />

Centre if needed<br />

• provide evidence and witnesses if necessary<br />

• provide support on return to work (RTW)/rehabilitation<br />

• check with management about progress of the RTW<br />

program.<br />

Workplace injury: the<br />

steps to follow<br />

1. Notify injury or illness<br />

Reporting procedures should be readily available in your<br />

workplace as forms, online or phone. If not, raise the<br />

matter immediately with your employer. Any workplace<br />

injury should be reported as soon as possible. The<br />

employer must notify the insurer within 48 hours.<br />

A worker can submit a claim within 6 months of<br />

the injury occurring but will not be able to claim all<br />

entitlements/benefits.<br />

2. Making a workers<br />

compensation claim<br />

Workers compensation claims can only be made if<br />

work is the main contributing factor or the main source<br />

of aggravation of an injury or illness. Travel between<br />

work and home is no longer covered by workers’<br />

compensation unless there is a real and substantial<br />

connection between work and the incident.<br />

See Journey Insurance on the PSA website.<br />

The treating doctor will provide a WorkCover Certificate<br />

of Capacity which will detail if the employee has any<br />

capacity to work and if so, the level of that capacity.<br />

This will determine the type of weekly benefit and the<br />

development of a Return to Work (RTW) plan.<br />

Keep copies of all forms, certificates and associated<br />

documents.<br />

3. Investigation of incident<br />

Whether an injury or illness is caused by an incident or<br />

health hazard, make sure that a proper investigation is<br />

carried out to prevent any recurrence.<br />

For other matters related to Workers Compensation,<br />

such as:<br />

• payment of benefits<br />

• difficulties with payments and claims process<br />

• Declined Workers Compensation Application<br />

• Rehabilitation and Return to Work<br />

• Return to Work Discrimination, etc.<br />

contact the MSC on 1300 772 679, to be advised<br />

accordingly.<br />

Resources<br />

& Links<br />

Workplace Injury Management and Workers<br />

Compensation Act 1998<br />

Workers Compensation Act 1987<br />

Personnel <strong>Handbook</strong> – available online<br />

https://www.psc.nsw.gov.au/employmentportal/<br />

resources/personnel-handbook<br />

Insurer’s Fact sheet – Your Rights and Responsibilities<br />

SafeWork publications at<br />

http://www.safework.nsw.gov.au or 13 10 50.<br />

Your Employer’s Employee Assistance Program<br />

Workers Health Centre – (02) 9749 7666<br />

http://www.workershealth.com.au<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 49


5.4 Discrimination & harassment<br />

DISCRIMINATION<br />

Management has a legal responsibility to ensure that<br />

discrimination and harassment does not occur in the<br />

workplace - whether by supervisors or fellow workers<br />

- and must take prompt and firm action to stop it if it<br />

does arise.<br />

There are both state and federal laws which make<br />

discrimination in the workplace illegal.<br />

What is discrimination?<br />

Discrimination is treating someone less favourably<br />

because of a personal characteristic such as their race,<br />

gender or disability. It also covers age, pregnancy, sexual<br />

preference, marital status, cultural identity and religion.<br />

Direct discrimination<br />

This means treating someone unequally simply because<br />

they belong to a particular group. For example, not<br />

employing someone because they are Aboriginal or not<br />

hiring a woman to be a truck driver.<br />

Indirect discrimination<br />

This is where a rule or procedure appears to treat<br />

everyone equally but results in some people being<br />

unable to comply. For example, height requirements for<br />

employment which most women could not meet.<br />

Sexual harassment<br />

Sexual harassment is a particular kind of discrimination<br />

which includes any conduct of a sexual nature that is<br />

unwelcome and uninvited. It includes any behaviour<br />

which a reasonable person may find offensive, humiliating<br />

or intimidating.<br />

Sexual harassment can include such things as sexual<br />

advances or repeated requests for dates, requests for<br />

sexual favours, unwanted physical contact, leering,<br />

verbal abuse, offensive pictures or jokes (including<br />

those on computers/email), persistent discussion of<br />

someone’s sex life and suggestive comments.<br />

Behaviour such as sexual assault, stalking, flashing and<br />

threatening phone calls are against the law and should<br />

be reported to the police.<br />

Sex-based harassment<br />

Sex-based harassment is any verbal or physical conduct of<br />

a sexual nature that is unwelcome and uninvited. It may<br />

also be behaviour that does not have sexual overtones but<br />

which discriminates on the basis of sex.<br />

50 | <strong>Delegates</strong> <strong>Handbook</strong>


Racial harassment<br />

Racial harassment is language or behaviour directed<br />

at another person that is based on race, ethnicity or<br />

cultural background.<br />

Racial harassment may include racially offensive<br />

written or pictorial material, jokes, comments, gestures<br />

and verbal or physical abuse. It may also involve the<br />

repeated, irrelevant, reference to a person’s race or<br />

cultural background and the isolation or segregation of<br />

a person or group on the basis of race or ethnicity.<br />

Remember, when a member decides to take action over<br />

harassment, they must consider, in consultation with<br />

the PSA, not only how they want the matter handled<br />

but what outcome they are seeking.<br />

Discrimination and harassment<br />

as an organising issue<br />

An incident of harassment may become a dispute and<br />

not be confined to just a few members.<br />

Developing a strong workplace discrimination and<br />

harassment policy therefore can be a method of<br />

involving and activating members.<br />

You could raise awareness of the issue by inviting the<br />

PSA’s Gender and Equity Analyst or Organiser to address<br />

a meeting of members.<br />

Discrimination and harassment are serious issues and<br />

it is important that the union works proactively to<br />

eliminate them in the workplace.<br />

.<br />

Action to take<br />

• all public sector agencies must have a written policy on<br />

dealing with harassment and discrimination. Make sure<br />

you have a copy and that members have access to it<br />

• make it absolutely clear that harassment and<br />

discriminatory behaviour is unlawful and strongly<br />

opposed by the PSA<br />

• assure workers who complain about discrimination or<br />

harassment that the union will support them if their<br />

complaint is justified<br />

• the best first step is to advise the member(s) being<br />

harassed – if they feel able to do so – to tell the harasser<br />

that the behaviour is not welcome and must stop<br />

• the member(s) should keep records of any incidents<br />

including dates and times and if possible the names<br />

of any witnesses<br />

• if the discrimination or harassment does not cease,<br />

the workplace policy for dealing with discrimination<br />

and harassment should be followed<br />

• if the agency’s policy is unclear or not appropriate<br />

(for example, if it says a complaint should be taken<br />

up with the manager who is the harasser), the<br />

award or agreement will also outline grievance<br />

procedures to follow<br />

• if the matter is not resolved contact the PSA’s Member<br />

Support Centre which can also help with advice<br />

on making a complaint to the Anti-Discrimination<br />

Board, or the Australian Human Rights Commission.<br />

These matters can also be taken to the NSW Industrial<br />

Relations Commission or the Fair Work Commission.<br />

Resources<br />

& Links<br />

NSW Anti-Discrimination Board - How to deal with<br />

discrimination and harassment: guidelines for union<br />

representatives<br />

Policy and guidelines: Harassment Free Workplace<br />

Policy and Guidelines (available at http://arp.nsw.gov.<br />

au/sites/default/files/Harassment_Free_Workplace_<br />

Policy_and_Guidelines.pdf)<br />

NSW Anti-Discrimination Board<br />

Web: www.lawlink.nsw.gov.au/adb<br />

Phone: (02 9268 5544 or 1800 670 812<br />

TTY: (02) 9268 5522<br />

Newcastle (02) 4926 4300<br />

Wollongong (02) 4224 9660<br />

Your Employer’s Employee Assistance Program<br />

Australian Human Rights Commission)<br />

Web: www.humanrights.gov.au<br />

General enquiries: 1300 369 711<br />

Complaints hotline: 1300 656 419<br />

Email: infoservice@humanrights.gov.au<br />

TTY 1800 620 241.<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 51


5.5 Grievances<br />

One of the most important areas of responsibility for<br />

delegates is handling grievances for individual members.<br />

Your role as delegate is first and foremost to ensure<br />

that the member understands their rights when either<br />

pursuing or responding to a grievance.<br />

It is also important that these rights are respected by<br />

management.<br />

Remember: the member is placing their trust in you -<br />

never discuss their situation with other members.<br />

If you need to discuss the matter with another delegate<br />

or a PSA staff member, first seek the member’s<br />

permission.<br />

Always treat individual matters confidentially.<br />

The suggestions in section 4.1 Steps for dealing with<br />

issues in the workplace should be followed when a<br />

member first approaches you for assistance with a<br />

grievance. <strong>Delegates</strong> should refer to the relevant<br />

grievance handling process set out in their award or<br />

enterprise agreement.<br />

For example, the Crown Employees (Public Service<br />

Conditions of Employment 2009) Award specifies:<br />

• all grievances should initially be dealt with as close to<br />

the source as possible then be taken higher if necessary<br />

• the member should notify their immediate manager of<br />

their grievance in writing, request a meeting to discuss<br />

the matter and state the outcome they are seeking*<br />

• the manager should then call a meeting within two<br />

working days or as soon as practicable from the time<br />

the matter is brought to their attention to try to resolve<br />

the issue<br />

• if the immediate manager cannot resolve the matter,<br />

the member can ask for the next level of management<br />

to step in. Again, the manager has to respond within<br />

two working days. The matter can proceed up the<br />

levels of authority as far as the Department Head<br />

• the Department Head may refer the matter to the Public<br />

Employment Office for consideration<br />

• if the matter remains unresolved, the Department<br />

Head must write to the member (and any other party<br />

involved, such as the union) stating what action is<br />

being taken; and if none, why<br />

• if the grievance is still unresolved, the member, the<br />

union, or the Department Head, can refer the matter<br />

to the NSW Industrial Relations Commission.<br />

*Amendments to the Public Service Conditions of<br />

Employment Award now allow a grievance to be lodged<br />

with an “appropriate senior officer”. This overcomes the<br />

situation where the grievance involves the immediate<br />

supervisor or manager.<br />

NOTE: a member can ask for assistance from the union at<br />

any stage<br />

Organising around grievances<br />

As with other workplace issues that concern individuals,<br />

look at ways of broadening the matter to involve the<br />

whole workplace. For example, a grievance might involve<br />

workload issues, lack of appropriate training or career<br />

opportunities, or problems with the workplace culture.<br />

Once you have established an issue is of general concern,<br />

use it as a focal point for organising a campaign.<br />

This type of action displays the union’s commitment to<br />

resolving workplace grievances in a positive, productive<br />

and proactive manner and demonstrates the benefit of<br />

being a union member.<br />

Ethical considerations<br />

You may encounter a situation where both the person<br />

with the grievance and the person (or persons) the<br />

grievance involves are all union members.<br />

In this instance, you should represent the member<br />

who has approached you while the other parties can<br />

be represented by another delegate, PSA Organiser or<br />

Industrial Advocate.<br />

It is important to avoid a real or a perceived conflict of<br />

interest in situations such as these.<br />

There should be a transparency of process at all times and<br />

natural justice should be accorded to all involved.<br />

The matter should also be dealt with in a timely manner.<br />

The issue of representation of a supervisor or manager<br />

who is a union member is covered in the PSA statement<br />

of ethics. (See Section 6.4)<br />

Resources<br />

& Links<br />

PSC - Dealing with employee work-related concerns and<br />

grievances (available at http://www.psc.nsw.gov.au/)<br />

Government Sector Employment Act 2013<br />

Crown Employees (Public Service Conditions of<br />

Employment) 2009 Award<br />

PSC Performance Management Policy and<br />

Guidelines 1998PSC, Ethics and Conduct (available<br />

at http://www.psc.nsw.gov.au)<br />

Your Department’s Employee Assistance Program<br />

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5.6 Performance and conduct<br />

As a delegate you may be asked<br />

to assist a member in relation to<br />

work performance or conduct.<br />

In such cases, it is important to ensure that the member<br />

subject to a performance review or deemed to have<br />

engaged in misconduct understands the nature of the<br />

allegations:<br />

• is not bullied or harassed during the investigation<br />

process<br />

• is aware the situation may mean going to meetings<br />

with the member as a support person and/or<br />

explaining any elements of the process to them<br />

• federal enterprise agreements should contain<br />

detailed process for how performance and conduct<br />

issues are to be dealt with.<br />

For members within NSW public service departments<br />

or related entities, there are procedural guidelines<br />

outlined in the Government Sector Employment (GSE)<br />

Act to deal with:<br />

• unsatisfactory performance<br />

• misconduct<br />

• serious criminal offences.<br />

Performance management and<br />

unsatisfactory performance<br />

Performance management<br />

Agencies should have performance management<br />

systems and guidelines for dealing with unsatisfactory<br />

performance.<br />

Specifically, the core requirements of performance<br />

management systems are to:<br />

(a) set and clarify expectations for employees<br />

(b) monitor employee performance<br />

(c) plan and review employee performance<br />

(d) develop employee capability<br />

(e) recognise employee achievements<br />

(f) resolve unsatisfactory employee performance.<br />

The unsatisfactory performance of an employee is to<br />

be determined in reference to an agency’s performance<br />

management system. Disciplinary action should only<br />

be implemented as a last resort after the member has<br />

been given a reasonable opportunity to improve and to<br />

respond to management’s view of their performance.<br />

When assisting a member with a disciplinary issue,<br />

delegates should be aware of Rule 36 of the GSE Rules<br />

which outlines specific procedures which need to be<br />

followed by the agency.<br />

In particular:<br />

• Agencies are required to take reasonable steps to<br />

advise the employee that his or her performance<br />

is unsatisfactory and the basis on which it is<br />

unsatisfactory.<br />

• The employee is to be notified that the agency head<br />

is proposing to take specified action which includes:<br />

the termination of employment; the reduction in<br />

remuneration payable, classification or grade, or an<br />

assignment to a different role.<br />

• The employee is given reasonable opportunity to<br />

respond to the notice and<br />

• The agency head must take this response into<br />

consideration.<br />

Misconduct<br />

When assisting a member who has been notified of an<br />

allegation against them, the following procedures need<br />

to be followed by an agency:<br />

• The member is to be given details of the allegation of<br />

misconduct and notified of the action under s 69(4) of<br />

the GSE Act which may be taken against them.<br />

• The member must be given a reasonable opportunity<br />

to make a statement in relation to the allegation.<br />

• If there is a finding of misconduct, the member should<br />

be notified of the proposed action to be taken by the<br />

agency.<br />

• Following this, the member is to be given a reasonable<br />

opportunity to make submission in relation to the<br />

proposed action.<br />

• This submission must be taken into consideration by<br />

the agency.<br />

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5.7 Review of promotion decision appeals<br />

Promotion review processes are intended to increase<br />

oversight and accountability of appointment decisions.<br />

As a delegate, you may be asked to provide advice in<br />

relation to how members go about lodging an appeal.<br />

For members in NSW public service departments and<br />

related entities, the appeals process is set out within Part<br />

4 of Government Sector Employment Act Rules 2014.<br />

For members within Universities, TAFE or State Owned<br />

Corporations, where there is an equivalent process, it<br />

will be found in the enterprise agreement.<br />

Promotion decision appeals<br />

under the Government Sector<br />

Employment Act 2013<br />

<strong>Delegates</strong> should be aware of a number of important<br />

provisos when seeking a promotional decision review:<br />

• A review can only occur if the person who was<br />

successful in being awarded the position was an ongoing<br />

employee prior to position being awarded.<br />

• The process is only applicable to non-executive<br />

employees and<br />

• The employee appealing the promotional decision<br />

must have unsuccessfully applied for the promotional<br />

position in question.<br />

Request a review<br />

A request to review a promotional decision must be in<br />

writing to the head of the agency concerned.<br />

This request must be made within 10 business days<br />

after the person appealing has been notified of the<br />

promotion decision.<br />

The review<br />

Promotion decisions appeals are conducted internally<br />

within an agency by a senior executive who was not<br />

involved in the selection process for the role.<br />

Unlike the previous appeals system, appeals are limited<br />

to looking at whether the process behind the decision<br />

to appoint someone to a promotional role was irregular<br />

or improper, in whole or in part.<br />

The review is to be conducted within 10 business days<br />

after the request for the review is made.<br />

The appeal process cannot go into the merits of<br />

candidates.<br />

Outcome<br />

If the reviewer finds that the promotion decision was<br />

not improper or irregular, the reviewer may confirm the<br />

promotion decision.<br />

However, where the reviewer finds that the promotion<br />

decision was in any way improper or irregular, they may<br />

make a recommendation to the agency head that the<br />

promotion decision be revoked and another selection<br />

process carried out for the role in question.<br />

The decision of the reviewer is final.<br />

Resources<br />

& Links<br />

Part 4 of the Government Sector Employment Act Rules<br />

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5.8 Work and family issues<br />

Most workers will need to manage family responsibilities at some point in their working life.<br />

Parental Leave<br />

Under the Commonwealth Paid Parental Leave Act 2010,<br />

all eligible employees who are the primary carer of a<br />

newborn or adopted child are entitled to 18 weeks leave<br />

paid at the national minimum wage.<br />

These payments are made to the employer in the first<br />

instance, who then passes them onto the employee.<br />

Payments can be paid before, after or at the same time<br />

as other entitlements such as annual leave and long<br />

service leave.<br />

Paid parental leave from the Federal Government does<br />

not affect or replace paid parental leave contained in an<br />

award or enterprise agreement.<br />

Most awards and agreements to which the PSA is party<br />

contain provisions for paid parental leave.<br />

Legislation prohibits discrimination on the grounds of sex,<br />

pregnancy, breastfeeding and responsibilities as a carer.<br />

In March 2001, discrimination on the grounds of carers’<br />

responsibilities became unlawful in NSW under the Anti-<br />

Discrimination Act 1977.<br />

As a result, it is illegal for an employer to treat employees<br />

or job applicants unfairly or in a manner which<br />

disadvantages them due to those responsibilities.<br />

The federal sex discrimination law also prohibits<br />

discrimination due to sex, pregnancy and family<br />

responsibilities.<br />

Balancing work and family<br />

Most awards and agreements to which the PSA is party<br />

will have provisions for flexible work practices and<br />

flexible working hours.<br />

Most agencies also have policies such as flexible working<br />

hours agreements and flexi-time agreements along with,<br />

in some cases, specific work and family policies.<br />

Legal rights<br />

The right of workers to balance their work and family<br />

responsibilities is protected under state and federal law.<br />

Awards and enterprise agreements also set out parental<br />

leave entitlements, arrangements for part time work and<br />

reasonable working hours.<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 55


Flexible workplace<br />

arrangements<br />

These work practices can include:<br />

• working less than full time hours<br />

• variable start and finish times<br />

• Paid parental leave<br />

• the right to request to work part time until your child<br />

commences school<br />

• leave for family, community & other responsibilities<br />

• Sick leave to care for a family member, sometimes<br />

known as Personal/Carers Leave<br />

• Purchased leave<br />

• varying the location of work, e.g. working from home<br />

or telecommuting<br />

• job sharing<br />

• career break schemes<br />

• work-based childcare or subsidised childcare<br />

• paid lactation/breastfeeding breaks<br />

• facilities for breastfeeding such as mother’s or family<br />

rooms.<br />

Securing individual flexible<br />

work arrangements<br />

Members wishing to make changes to their working lives<br />

in order to meet their family and other responsibilities<br />

need to:<br />

• consider and plan the best options<br />

• make sure their ideas are realistic for the workplace<br />

(for customer service employees, for example,<br />

working from home may not be an option)<br />

• gather all the necessary information – check out the<br />

award/agreement, the Premier’s Circulars / Memos etc. –<br />

the agency’s EEO unit will also be able to provide advice<br />

• approach their supervisor or manager with a proposal<br />

– this will need to outline how the requirements of<br />

the employer can continue to be met rather than just<br />

the member’s needs<br />

• be flexible – remember, flexible work agreements are<br />

to be agreed between the parties.<br />

When an agreement is reached, make sure it is written<br />

down and signed by both parties.<br />

Any such agreement should include the:<br />

• type of arrangement<br />

• hours of work<br />

• duration of the agreement<br />

• position(s) involved<br />

• agreed right of a return to previous working<br />

arrangements and<br />

• other relevant information (for example, if a job share,<br />

the arrangements in the event one employee decides<br />

to leave etc.).<br />

Organising for family friendly<br />

workplaces<br />

If a member in your workplace is having problems<br />

balancing work and family responsibilities, chances are<br />

others are experiencing similar difficulties so look for the<br />

bigger picture. Improving the way your workplace deals<br />

with work and family issues can be a great recruiting<br />

avenue, as well as a means of activating existing and<br />

potential members.<br />

Methods to place work and family issues on the agenda:<br />

• raising the issue at a workplace group meeting,<br />

Departmental Committee or JCC<br />

• conducting a survey of the workplace or starting a<br />

petition<br />

• producing a newsletter about work and family issues<br />

• talking to part-time and casual workers<br />

• a lunchtime meeting about work/life balance<br />

building coalitions with other unions, students,<br />

parents organisations or campus childcare centres.<br />

Resources<br />

& Links<br />

See the PSA’s factsheets on the website www.psa.asn.au<br />

PSA’s Gender & Equity Analyst<br />

membersupport@psa.asn.au Phone 1300 772 679<br />

See the Public Service Commission’s website at<br />

https://www.psc.nsw.gov.au/employmentportal/<br />

resources/personnel-handbook for the Personnel<br />

<strong>Handbook</strong> and policies<br />

Your Department’s Employee Assistance Program<br />

NSW Anti-Discrimination Board<br />

Website www.antidiscrimination.justice.nsw.gov.au<br />

Phone (02) 9268 5544 or<br />

1800 670 812<br />

TTY (02) 9268 5522<br />

Newcastle (02) 4903 5300<br />

Wollongong (02) 4267 6200<br />

56 | <strong>Delegates</strong> <strong>Handbook</strong>


5.9 Reviews and restructures<br />

The NSW Government is in the process of restructuring the Public Sector in a manner that is unprecedented in the<br />

modern era. Restructures are driven by direct savings objectives, removing “duplication” and “streamlining services”,<br />

creation of SES bands, machinery of Government changes where functions are moved between Clusters, and other<br />

policy driven reforms (such as privatisations) affecting the nature and scope of services.<br />

The broad phases of a restructure are: announcement, consultation, implementation, review.<br />

Consultation<br />

Employers have an obligation under a range of industrial<br />

instruments to consult with the PSA and members<br />

regarding significant change, which includes restructures.<br />

Meaningful consultation must be undertaken by<br />

providing staff and the union with an opportunity to<br />

influence the decision-making. It must be more than an<br />

exchange of information.<br />

A restructure should be based on a Change Management<br />

Plan that complies with conditions in a relevant award or<br />

enterprise agreement and relevant legislation or policy.<br />

The earlier the union is involved in the review and<br />

restructure process the more effective it is able to be.<br />

Steps to take when you hear about a restructure:<br />

1. Let the PSA know. Don’t assume the agency has<br />

notified the PSA correctly.<br />

2. Read any relevant policy/guidelines (see resources<br />

below).<br />

3. Try to obtain the initial Change Management Plan for<br />

the restructure.<br />

4. Collate and communicate information with members<br />

especially the Change Management Plan.<br />

5. Advise members of their basic rights:<br />

• that the agency is required to follow due process.<br />

• encourage them to participate in the consultation<br />

process<br />

• to a fair and transparent process in line with natural<br />

justice principles<br />

• to be treated with dignity and respect.<br />

7. Canvass views of members and hold meetings.<br />

Explain the agency’s obligations and the union’s role<br />

in the process.<br />

8. Ask non-members to join the union.<br />

9. Collate information gathered from members to<br />

enhance negotiation position.<br />

10. Stay in touch and work with your organiser, Industrial<br />

Advocate, the MSC, Workplace <strong>Delegates</strong>.<br />

11. Together, advocate and negotiate on members’<br />

behalf around the Consultation Plan.<br />

12. Strategise with other delegates and PSA staff about<br />

possible courses of action including industrial<br />

dispute where process breaks down.<br />

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Implementation – filling of<br />

positions<br />

One aim of the consultation phase is to ensure that the<br />

implementation phase best serves the interests of PSA<br />

members. Implementation should usually adhere to the<br />

following principles:<br />

• a right to direct appointment if 80% of the new role<br />

is the same as their current role – the union should<br />

be represented on the job evaluation panel to ensure<br />

this process is fair and unbiased<br />

• matching based on mutually agreed current work<br />

duties not outdated position descriptions<br />

• if more employees than ongoing roles, roles put<br />

out to eoi and every affected applicant awarded an<br />

interview<br />

• if more employees than ongoing roles, interest in<br />

VRs called for before recruitment processes are<br />

undertaken<br />

• every effort must be made to match current<br />

employees to ongoing roles<br />

• if fewer employees than roles remain, a matching<br />

process should be undertaken prior to any other<br />

recruitment<br />

• for directly matched roles, job swaps should be made<br />

available and every effort made to facilitate these<br />

• recruitment action should be from highest to lowest<br />

position<br />

• recruitment action in first instance should be limited<br />

to those at Grade.<br />

Delegate activity may include:<br />

• work to ensure process matches what is negotiated in<br />

Change Management Plan<br />

• ensure agreed process followed fairly<br />

• participate in negotiations<br />

• advocate for members around specific placement<br />

issues and issues of interpretation e.g access to flexible<br />

work<br />

• regular two-way communication with members on<br />

what is happening<br />

• support and advise members through any redeployment<br />

processes.<br />

Resources<br />

& Links<br />

Resources to help members and delegates are<br />

located on the PSA website under the Resources<br />

tab.<br />

Resources include:<br />

• Fact Sheet: What you can expect when you are<br />

facing a restructure<br />

• Fact Sheet: What to expect if you are declared<br />

excess<br />

• Fact Sheet: Changes you can expect if you are a<br />

Senior Officer or SES Officer<br />

• An indicative example of progression of a<br />

restructure<br />

• PSA training course: Dealing with Restructures<br />

Workshop<br />

• Government Sector Employment Act 2014<br />

(GSEA<br />

• PSC Directive 2011-014, Agency change<br />

management guidelines<br />

• PSC Directive 2011-023, Voluntary redundancy<br />

program guidelines<br />

• PSC Directive 2011-007, Managing excess<br />

employees<br />

• PSC Directive 2011-009 Case management and<br />

redeployment guidelines<br />

• PSA Guidelines on assignment to role of Public<br />

Service senior executive and non-executive<br />

employees<br />

• http://www.safework.nsw.gov.au/__data/<br />

assets/pdf_file/0007/54268/tip-sheet-11-workrelated-stress-1083.pdf<br />

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5.10 Contracting out and privatisation<br />

The outsourcing and privatisation of public services in<br />

NSW is a major issue facing the union movement.<br />

The favoured argument that the private sector can<br />

deliver a cheaper, more effective service than the public<br />

sector has never been proven or quantified.<br />

This privatisation push will continue – it has no political<br />

boundaries. Privatisation comes in many different forms:<br />

Competitive tendering - where both private and<br />

public providers bid to deliver a service<br />

Contracting out (or outsourcing) - where the private<br />

sector directly provides a service or constructs and runs<br />

a facility<br />

Public-Private Partnerships - where the private sector<br />

provides part or all of the funding of a public asset or<br />

service.<br />

Organising around privatisation<br />

Most public sector workers have strong anti-privatisation<br />

views as do many members of the community.<br />

In the workplace, harnessing that sentiment can be a<br />

powerful recruitment tool.<br />

The better your workplace organisation from a PSA<br />

standpoint and the wider your communication network<br />

within that environment, the more likely you are to hear<br />

about any new proposals from management.<br />

Find out all you can about any proposed change and<br />

arm yourself with as many facts as possible.<br />

Then ask management:<br />

• for a guarantee that no jobs will be affected<br />

• to provide documentation of how the proposal will<br />

improve efficiency and cut costs.<br />

The sooner you inject the union into the situation<br />

and challenge a proposal backed by the support of<br />

your members, the greater chance you have of either<br />

overturning the move or at least minimising the impact.<br />

Keep your PSA Organiser or Industrial Advocate<br />

informed of any privatisation plans.<br />

Where a proposal will affect service delivery to the<br />

public, a community based campaign - in consultation<br />

with your PSA Organiser - can be considered with<br />

activities such as:<br />

• handing out flyers on how the proposal will affect the<br />

service you provide to the public<br />

• distributing petitions<br />

• placing banners or posters where they can be seen by<br />

the public (for example, at a lunchtime rally or protest)<br />

• seeking support through the local media<br />

• a letter writing campaign to the relevant minister or<br />

local MP.<br />

Resources<br />

& Links<br />

Reforming the public sector - Department of Premier<br />

& Cabinet.<br />

Consultative arrangements: policy and guidelines -<br />

Dept. Premier & Cabinet.<br />

Red Tape and the PSA website contains information<br />

on current campaigns and responses to privatisation.<br />

PSA bulletins.<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 59


Section<br />

6 Resources<br />

6.1 Legislation, awards and agreements<br />

6.2 PSA statement of ethics<br />

6.3 Members Complaints Resolution Process<br />

6.4 PSA meeting procedures<br />

6.5 Value-added services<br />

6.6 PSA resources<br />

6.7 Tools for delegates<br />

6.8 PSA contacts<br />

60 | <strong>Delegates</strong> <strong>Handbook</strong>


6.1 Legislation, awards and agreements<br />

As a delegate, members may ask you questions related to<br />

the conditions, pay and a variety of rights and conditions<br />

in the workplace.<br />

This section outlines some of the key pieces of legislation<br />

and other documents that will help you find the answers.<br />

Within the PSA’s areas of coverage, public service<br />

departments and related entities are governed by<br />

NSW industrial relations law while Commonwealth<br />

legislation covers our areas in Universities, TAFE, State<br />

Owned Corporations and some private corporations.<br />

These laws set out important ground rules such:<br />

• how unions operate<br />

• the making of awards and agreements<br />

• resolving disputes (including unfair dismissals) by<br />

the independent umpire (the Industrial Relations<br />

Commission (NSW) or Fair Work Commission (Federal)).<br />

NSW<br />

New South Wales Industrial Relations Act 1996<br />

Federal<br />

Fair Work Act 2009<br />

Conditions of employment<br />

For most employees in NSW public service departments<br />

and related entities, conditions are set by:<br />

• Government Sector Employment Act 2013<br />

• Crown Employees (Public Service Conditions of<br />

Employment 2009) Award<br />

• Crown Employees (Transferred Employees<br />

Compensation) Award<br />

Salaries are set by:<br />

• Crown Employees (Public Sector – Salaries 2008) Award<br />

• Some agencies have their own awards that set out<br />

salaries and conditions specific to those workplaces.<br />

You can find links to a list of awards and agreements on<br />

the PSA website.<br />

The salaries and conditions of employees under<br />

the federal system are contained within enterprise<br />

agreements.<br />

Links to a list of the agreements that apply to our<br />

members is also available on the PSA website.<br />

As a delegate, it is important to remember that awards<br />

and agreements are:<br />

• negotiated by the union<br />

• law and cannot be altered or disregarded by the<br />

employer<br />

• enforceable through the NSW Industrial Relations<br />

Commission or Fair Work Commission.<br />

Policies and guidelines<br />

A number of rights or conditions will be set out in<br />

workplace policy or guidelines.<br />

They are different to awards and agreements in that<br />

they are issued by the employer and as such can be<br />

changed by the employer at any time.<br />

However, it is important for delegates to be actively<br />

involved when these policies are being developed or<br />

altered.<br />

Further, it is important that you are aware of the policies<br />

that are in place in your workplace and how they apply<br />

to members.<br />

Workplace specific policies can be accessed from your<br />

HR section or intranet, while those that are public sector<br />

wide can be found on the Premier and Cabinet website.<br />

http://www.dpc.nsw.gov.au/<br />

The following Acts apply to all members of the PSA and<br />

may also be useful:<br />

Health and safety<br />

• Work Health and Safety Act 2012<br />

• Workplace Injury Management and Workers<br />

Compensation Act 1998<br />

• Workers Compensation Act 1987<br />

Discrimination<br />

• Anti-Discrimination Act 1977 (NSW) including<br />

• Carer’s Responsibilities Amendment<br />

• Racial Discrimination Act 1975 (Federal)<br />

• Sex Discrimination Act 1984 (Federal)<br />

• Disability Discrimination Act 1992 (Federal)<br />

• Human Rights and Equal Opportunity Commission Act<br />

1986 (Federal)<br />

Government information and privacy<br />

• Government Information (Public Access) Act 2009 (GIPA)<br />

• Privacy and Personal Information Protection Act 1998<br />

• Health Records and Information Privacy Act 2002<br />

• Freedom of Information Act 1982<br />

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6.2 PSA statement of ethics<br />

Members who make up the PSA come from diverse backgrounds and hold a variety of views and expectations. We<br />

should ensure that their rights are observed and that the diversity of views is taken into consideration during meetings<br />

etc. <strong>Delegates</strong> should maintain open and honest communication and treat all members and staff in a respectful manner.<br />

Balancing diverse member interests can at times be challenging. However all members no matter what their workplace<br />

role must be treated equally.<br />

Disclosure and Perceived Conflict<br />

On occasions a member’s workplace role may be perceived by other members as posing a conflict. The onus on all<br />

members is to disclose if they have a conflict of interest and to determine how best to manage that conflict.<br />

It is not the role of other member’s or delegates to determine if a PSA member has a conflict or how that conflict should<br />

be managed. However it is recognised that the management of perceived conflicts by delegates can be complex and<br />

advice in these situations may be sought from a PSA Organiser.<br />

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6.3 PSA Members Complaint<br />

Resolution Process<br />

The PSA is committed to quality customer service. We now have a nominated Complaints Officer to handle complaints<br />

from members.<br />

In the first instance, <strong>Delegates</strong> are encouraged to attempt to resolve complaints locally. If this is not possible and the<br />

complaint relates to the following:<br />

• a service that the PSA has provided or not provided to the member<br />

• the conduct of any honorary official eg. <strong>Delegates</strong> (however if that honorary official is employed by the same<br />

organisation as the complainant, and the matter complained about occurred in the workplace, then the complaint<br />

should in the first instance be dealt with through relevant internal organisational dispute resolution mechanisms)<br />

• the conduct of any staff member of the PSA<br />

• the application of PSA rules and policies<br />

then the following process should be followed upon receiving a complaint.<br />

If the member believes that their complaint cannot be resolved in an informal way, the member should be advised<br />

to access the Member Complaints Resolution Operational Policy and to contact our dedicated Complaints Officer<br />

for further advice.*<br />

The Complaints Officer will contact the complainant to acknowledge receipt of complaint.<br />

The Complaints Officer will undertake to assess the merit of the complaint<br />

Following investigation of the complaint, the Complaints Officer will make recommendations and advise the<br />

complainant.<br />

* The Member Complaints Resolution Operational Policy and contact details for the Complaints Officer can be found on the PSA website.<br />

Please note that natural justice principles will often mean that the subject of the complaint may need to be advised as to the identity of<br />

the complainant<br />

Further details of the roles and responsibilities in the complaints handling process can be found in the Member Complaints<br />

Resolution Policy.<br />

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6.4 PSA meeting procedures<br />

The following outlines the broadly accepted rules of meeting procedure.<br />

Formal meeting procedures for the PSA bodies such as<br />

the Central Council and the Executive are set out in PSA<br />

By-laws of the PSA Rules and By-laws.<br />

Formal meetings of the membership will usually involve<br />

voting on an agency-wide issue, which may involve<br />

industrial action, or on service wide matters such as logs<br />

of claim and pay rises.<br />

Formal procedures are particularly important for<br />

uniformity where a matter is being voted on in a number<br />

of different workplaces.<br />

Preparation<br />

Circulate the notice of any meeting promptly to members.<br />

The meeting agenda should include:<br />

• opening and approval of agenda<br />

• apologies<br />

• minutes of previous meeting<br />

• business arising from those minutes<br />

• correspondence<br />

• business arising from that correspondence<br />

• reports<br />

• general business<br />

• closing.<br />

The Chairperson<br />

The Chairperson should:<br />

• keep order and permit those who have something<br />

relevant to say to speak without interruption, and<br />

• know the union’s rules, be familiar with meeting<br />

procedures and have a good understanding of PSA<br />

activities.<br />

Opening a meeting<br />

Before beginning, the meeting should be called to order.<br />

The Chairperson should ask attendees at the meeting for<br />

any disclosures. (See PSA Statement of ethics Section 6.4)<br />

Branch or workplace group rules will normally specify<br />

the minimum number of members who must be<br />

present for the meeting to proceed (i.e. a quorum).<br />

Decisions made without a quorum are not legally<br />

binding so check that a quorum exists before opening<br />

a meeting.<br />

Members cannot leave a meeting before business is<br />

concluded if their departure means that the meeting<br />

will no longer have a quorum. (Quorum numbers are<br />

specified in the PSA Rules and By-laws.)<br />

If a quorum is present, the meeting can be opened.<br />

64 | <strong>Delegates</strong> <strong>Handbook</strong>


Apologies and attendance<br />

The Chair should call for either written or verbal<br />

apologies for those unable to attend.<br />

These should be recorded in the minutes by the Secretary.<br />

Attendance lists should be kept at all meetings except<br />

those under PSA Rule 76 (General Meetings).<br />

Minutes and business arising<br />

Minutes of the previous meeting should be distributed<br />

and a report prepared by the Secretary on any business<br />

arising from those minutes.<br />

Minutes should include all decisions of the meeting<br />

in the form of motions with the names of movers and<br />

seconders and whether the motions were carried or lost.<br />

Amendments should be recorded in full and in order<br />

of presentation, whether they were successful or<br />

unsuccessful.<br />

As well as motions and amendments, the minutes should<br />

include the type of meeting, the date, venue, the opening<br />

and closing times and the name of the Chairperson.<br />

Once the minutes of the previous meeting have been read<br />

out, the Chair calls for someone to move the minutes be<br />

accepted.<br />

This provides the opportunity to correct any mistakes.<br />

Any corrections should be made subject to the approval<br />

of the meeting.<br />

Remember, the minute books are official records and<br />

can be tabled in a court of law.<br />

In “business arising”, questions can be raised about matters<br />

requiring action noted in the previous minutes.<br />

Correspondence<br />

If outward correspondence needs to be endorsed, it can<br />

be tabled rather than read in full.<br />

It should be moved and seconded that the:<br />

• inward correspondence “be received”<br />

• outward correspondence “be confirmed”.<br />

If action is required on matters raised, it can be under<br />

“business arising” or a later agenda item.<br />

Any action required should be in the form of a motion.<br />

Correspondence can be divided into:<br />

• major items to be read in full<br />

• minor items to be read in part and<br />

• routine mail to be tabled (after advising the meeting<br />

of its contents).<br />

Reports<br />

The Chair should advise those giving reports of the time<br />

allocated and that they must keep within the timeframe.<br />

Try to get members of the Executive or other committees<br />

to give reports to the meeting as they are elected<br />

representatives and should keep other members<br />

informed.<br />

Reports may be “received” or “adopted”. A report that is<br />

“received” does not commit the meeting to action. One<br />

which is “adopted” indicates general approval of the<br />

course of action. Information reports are usually “received”.<br />

General business<br />

Matters of which prior notice is given or which require<br />

more discussion than allowed under business arising<br />

can be dealt with under general business.<br />

Once these issues are dealt with, other matters of<br />

general business can be raised.<br />

Some meetings are called for a specific purpose and do<br />

not normally deal with any other business.<br />

Speaking<br />

A member may speak only once and not for longer<br />

than five minutes on any particular issue. However, the<br />

mover of a resolution has ten minutes to introduce the<br />

subject and five minutes to reply.<br />

Points of order<br />

The only legitimate grounds for raising a “point of order”<br />

against a speaker are:<br />

• not speaking to the motion or wandering off the point<br />

• using abusive language<br />

• breaking a rule of the union<br />

• breaking standing orders or an accepted rule of debate.<br />

Being factually incorrect, illogical or misleading is not a<br />

ground for a point of order.<br />

When a member raises a point of order they should<br />

state what PSA rule has been broken.<br />

The Chairperson should rule clearly and confidently on<br />

the point of order outlining their reasons.<br />

Motions and amendments<br />

Motions should be a call for action, rather than a<br />

statement. They should specify who is to take the action<br />

and the form it should take.<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 65


Moving and seconding<br />

All motions and amendments should preferably be in<br />

writing and must be seconded before being debated.<br />

Seconding takes place immediately after the mover<br />

has read out the motion. If a motion does not have a<br />

seconder, it lapses automatically.<br />

A motion can be seconded “pro forma” which means the<br />

seconder wishes to hear the arguments in favour. After<br />

hearing the arguments they may withdraw the seconding.<br />

Amendments<br />

An amendment must be relevant to the original motion.<br />

It cannot be against the original motion, it can only<br />

modify it. An amendment that is carried becomes the<br />

motion.<br />

Foreshadowed motions<br />

If a member wishes to put a motion in a different form<br />

to that before a meeting, they can oppose the motion<br />

and foreshadow another.<br />

The foreshadowed motion should be read to the<br />

meeting. If the original motion is lost, the foreshadowed<br />

motion can then be moved. If the original motion<br />

is carried the foreshadowed motion lapses if it is<br />

inconsistent.<br />

Notice of motion<br />

Motions can be placed “on notice” so that members are<br />

aware they are going to be debated.<br />

Debate<br />

Speakers should be taken in turn (one “for” and one<br />

“against”) with no more than two speakers for each<br />

side of the debate consecutively. In a long or complex<br />

debate, the arguments should be summarised by the<br />

Chair from time to time.<br />

The Chair should ensure that all issues are raised and<br />

considered. If the debate becomes repetitious, the Chair<br />

can end debate and put the motion or amendment -<br />

subject to the approval of the meeting.<br />

A member can also move the “motion be put” or the<br />

“vote be taken”. This should be seconded and put<br />

to the vote quickly. If passed, the motion, and any<br />

amendments, are put immediately to the meeting. The<br />

mover of the original motion has a right of reply.<br />

The “closure” of debate should be moved and seconded<br />

by members who have not spoken in the debate. Before<br />

accepting the closure, the Chair should be satisfied<br />

there has been reasonable discussion and minority<br />

views have been heard.<br />

Chairperson’s voting right<br />

The Chairperson has the option to vote. They can vote<br />

“for” or “against” the motion, or abstain. In the event<br />

that a vote is tied, the Chair also has a casting vote.<br />

Voting on a motion<br />

Once a motion is moved:<br />

• Chairperson calls for a seconder<br />

• seconder seconds the motion<br />

• mover states reasons for the motion and why it should<br />

be supported<br />

• seconder speaks in support of the motion<br />

• Chairperson asks is there any opposition to the<br />

motion (if not, the vote should be taken immediately)<br />

• speaker against provides reasons why the motion<br />

should not be supported<br />

• Chairperson calls for further speakers in favour and<br />

against<br />

• mover may wish to exercise the “right of reply”<br />

• Chairperson takes the vote on the motion and declares<br />

the result.<br />

Before taking a vote, the mover should be asked whether<br />

they wish to exercise the right of reply to respond<br />

to arguments from opponents. The reply should not<br />

introduce new points.<br />

The motion or amendment should be read out to the<br />

meeting so that everyone is clear on the wording.<br />

Where tellers (vote counters) are used, they should be<br />

members who have not spoken in the debate and are<br />

acceptable to the meeting. Votes in small meetings can<br />

be counted by the Chair or Secretary.<br />

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Voting on an amendment<br />

Only deal with one amendment at a time. If there are more<br />

than one all except the first should be foreshadowed.<br />

• mover announces motion<br />

• Chair calls for seconder<br />

• seconder seconds motion<br />

• mover speaks in support of motion<br />

• seconder speaks in support of motion<br />

• Chair calls for opposition<br />

• speaker against speaks<br />

• speaker for speaks<br />

• mover of amendment announces amendment<br />

• seconder called for<br />

• mover of amendment speaks in support<br />

• seconder speaks in support<br />

• Chair calls for opposition to amendment<br />

• mover of motion replies to arguments against (if desired)<br />

• Chair takes vote on the amendment<br />

• if carried, amendment becomes motion<br />

• other speakers on the motion called for<br />

• speakers speak alternatively against and for<br />

• Chair gives mover of the original motion right of reply<br />

(if not already exercised)<br />

• Chair puts the original motion (or amended motion)<br />

to the vote.<br />

The mover of the original motion can only speak once but<br />

they have a right of reply. This can be exercised before an<br />

amendment or the original motion is put.<br />

The mover of an amendment does not have a right of<br />

reply.<br />

If an amendment is carried, the amended motion is put<br />

to the vote. If not, the original motion is put.<br />

Suspending standing orders<br />

Standing orders may be suspended to:<br />

• consider an item of importance not on the agenda<br />

which cannot wait until other business is conducted<br />

• allow a visiting speaker to be heard.<br />

Dissent from Chair’s ruling<br />

A member who thinks the Chair’s decision is wrong can<br />

“challenge” or “dissent” from the ruling. The Chairperson<br />

then stands aside and the Deputy Chair or someone<br />

elected by the meeting takes over.<br />

The dissenter gives their reasons. In response, the Chair<br />

states their reasons for the ruling.<br />

Both speakers should refer to the relevant rules.<br />

The acting Chair then puts the motion “that the<br />

Chairperson’s ruling be upheld”. After the vote, the<br />

Chairperson returns to the chair.<br />

Moving “into committee” and/or “in camera”<br />

To discuss matters more informally, meetings can<br />

move “into committee”. This permits members to speak<br />

several times.<br />

Meetings “in camera” are confidential. Any persons not<br />

entitled to be in attendance (e.g. visiting speakers) should<br />

leave the meeting.<br />

Closing<br />

Members should be thanked for their attendance and<br />

the date, time and place of the next meeting advised.<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 67


6.5 Value added services<br />

Members of the PSA have access to a number of valuable non-industrial services. The PSA provides Journey Insurance,<br />

Group Accident Insurance, a Provident Fund and a scholarship while the others are provided by associated organisations.<br />

Journey Insurance<br />

The NSW Government removed workers’ compensation<br />

for injuries suffered while travelling to or from work,<br />

except in very limited circumstances.<br />

The PSA’s journey insurance covers members if they are<br />

injured travelling to or from work.<br />

Full financial members of the union at the time of the<br />

incident are covered automatically in NSW.<br />

Personal Injury Insurance<br />

Members are insured against accidents which result in<br />

permanent injury or death. The scheme aims to supply<br />

all benefits as quickly as possible. Members can also<br />

cover their immediate family for an extra $11.00.<br />

Provident Fund<br />

By joining the PSA, you are automatically entitled to<br />

the benefits of Provident Fund membership. The fund<br />

provides payment of $3,500 to nominated beneficiaries<br />

in the event of a member’s death. Members can remain in<br />

the fund until the age of 70.<br />

ACTU Member Connect<br />

ACTU Member Connect, in conjunction with various<br />

businesses, has set up a number of beneficial services<br />

for union members.<br />

Refer to their website for a list of detailed benefits:<br />

www.memberconnect.com.au.<br />

Welfare Rights Centre<br />

Members can obtain assistance from the Welfare<br />

Rights Centre on all social services. This includes family<br />

allowances, sickness, births and deaths, child maintenance<br />

payments, childcare, youth allowance, sole parenting,<br />

relatives coming from overseas, unemployment, and<br />

more.<br />

DON’T GET TRIPPED<br />

UP TRAVELLING TO<br />

OR FROM WORK<br />

For more information call WRC on (02) 9211 5300 or<br />

1800 226 028.<br />

PSA scholarship<br />

The PSA awards a scholarship each year to a daughter<br />

or son of a PSA member who is entering the first year<br />

of a full-time university course. The scholarship is $850<br />

per year, and is renewable annually. The scholarship is<br />

advertised in Red Tape towards the end of the year.<br />

Legal service<br />

Members can access personal legal services by obtaining<br />

a referral from the PSA. The solicitors are experienced<br />

in a wide range of matters. The first consultation is free<br />

(conditions apply). To obtain a referral, call the PSA on<br />

1300 772 679.<br />

NOTE: Industrial cases are covered by your PSA membership.<br />

JOIN THE PSA GO TO MEMBERSHIP.PSA.ASN.AU<br />

PSA JOURNEY<br />

The is now with you on your way to and from work The policy can provide salary compensation with weekly<br />

thanks to our journey insurance policy.<br />

injury benefits - 85% of salary up to $1,500 for up to 104 weeks<br />

(up to 26 weeks for members 66 to 70 years of age).<br />

In 2012, the NSW State Government removed workers<br />

compensation for injuries suffered while travelling to or Full financial members of the union at the time of the incident<br />

from work.<br />

are covered automatically in NSW.<br />

The PSA journey insurance policy brings back<br />

peace of mind.<br />

Non-members just have to watch their step.<br />

INSURANCE<br />

* Policy coverage is subject to the policy schedule and the terms/conditions of the policy wording - Employee Journey Personal Accident Insurance AH 670.3 PDS JM 09/01176.2<br />

Authorised by Anne Gardiner, General Secretary, PSA of NSW, 160 Clarence Street, Sydney<br />

68 | <strong>Delegates</strong> <strong>Handbook</strong>


6.6 PSA Resources<br />

Gender and Equity Analyst<br />

The PSA Gender and Equity Analyst has resources available to<br />

assist you to organise in the workplace, including fact sheets<br />

on domestic violence, carer’s leave, FACS leave, purchased<br />

leave, lactation breaks and maternity leave. Posters are<br />

available. Most of the facts sheets and other resources,<br />

including submissions on behalf of women members are<br />

available on the PSA website.<br />

For more information contact the Women’s Unit on<br />

1300 772 679 or email membersupport@psa.asn.au<br />

PSA website<br />

The PSA’s website contains a wide range of useful resource<br />

material and publications.<br />

The address is www.psa.asn.au<br />

Training<br />

The PSA runs a wide range of general training courses for<br />

members and delegates. Attending union training is an<br />

excellent way to learn skills, deal with challenges at work<br />

and improve the quality of your workplace life.<br />

Courses include: role of the delegate, dealing with<br />

member issues, negotiation, speaking in public, women in<br />

the union, dealing with bullying in the workplace, dealing<br />

with restructures.<br />

The session times and updates are available on the PSA<br />

website: http://psa.asn.au/ or email training@psa.asn.au.<br />

Regional training is provided for members outside the<br />

Sydney area. To be part of a “Regional Workshop”, contact<br />

your PSA Organiser. The content can be tailored for each<br />

group’s needs.<br />

These courses are available at no charge to PSA (CPSU)<br />

members.<br />

Special leave for trade union<br />

training<br />

Most NSW public sector members are entitled to paid Trade<br />

Union Training Leave. Your PSA Organiser can provide details.<br />

Communications<br />

The Communications Directorate publishes the union<br />

journal, Red Tape, maintains the PSA’s website (www.psa.<br />

asn.au) and social media presence as well as driving media<br />

and publicity for the PSA. It designs posters, brochures,<br />

merchandise and more.<br />

The unit also produces a general email news bulletin as well<br />

as agency or issue specific emails including Women@Work.<br />

For more information, email communication@psa.asn.au.<br />

Aboriginal Liaison Officer<br />

For more information contact 1300 772 679<br />

Industrial Advocates/Organisers<br />

Industrial Advocates and Organisers cover each workplace<br />

in the state.<br />

While you as the delegate are the main PSA presence<br />

at work, Organisers provide information, support and<br />

help set up structures such as workplace groups and<br />

departmental committees.<br />

Industrial Advocates negotiate agreements and awards,<br />

take cases to the Industrial Relations Commission, the Fair<br />

Work Commission and other tribunals as well as provide<br />

detailed industrial advice.<br />

What is the PSA Member<br />

Support Centre (MSC)?<br />

The PSA’s Member Support Centre (MSC) provides an<br />

efficient and effective central contact point for members.<br />

All initial enquiries from members go through the MSC.<br />

Call 1300 772 679.<br />

Trained Advocacy and Case Management Officers<br />

(ACMOs) assist members and delegates by empowering<br />

them to identify solutions and actions they can take<br />

to resolve issues at the local level. For example, does a<br />

member enquiry require an individual response or is it a<br />

collective issue and thus an organising opportunity?<br />

ACMOs also provide guidance and industrial advice as<br />

required. The MSC has carriage of industrial matters until<br />

they are the subject of a dispute or nearing that stage.<br />

Where an issue cannot be resolved by an ACMO, it will be<br />

referred to one of our Industrial Managers who will assess<br />

the case and allocate the matter to an Industrial Advocate.<br />

Who covers you?<br />

To find out who in the PSA covers your work area call the<br />

PSA Member Support Centre on 1300 772 679.<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 69


6.7 Tools for delegates<br />

STRONGER TOGETHER<br />

Teleconferencing facilities<br />

Where your workplace is spread over different<br />

geographic sites, or you are a non-metropolitan<br />

delegate, the use of teleconferencing can assist you in<br />

conducting workplace group meetings.<br />

The PSA has a teleconferencing facility that allows a<br />

meeting at PSA House to be conferenced into a number<br />

of other phone lines.<br />

Teleconferencing will also enable you to use your own<br />

phone to conference with a number of other members.<br />

Your PSA Organiser or Industrial Advocate will be able<br />

to provide more information on using these facilities.<br />

PSA documents and fact sheets<br />

The PSA has produced a number of fact sheets and<br />

guidelines for the use of delegates.<br />

These are available from the PSA Communications<br />

Directorate in hard copy or electronic format.<br />

Phone 1300 772 679, email communication@psa.asn.au,<br />

or downloads can be found at the PSA website.<br />

factsheet<br />

Carers Leave<br />

Stronger Together<br />

factsheet<br />

Parental Leave<br />

Stronger Together<br />

factsheet<br />

Family and<br />

Community Services Leave<br />

Stronger Together<br />

factsheet<br />

Purchased Leave<br />

Stronger Together<br />

factsheet<br />

Lactation breaks<br />

factsheet<br />

Domestic Violence<br />

Stronger Together<br />

Stronger Together<br />

70 | <strong>Delegates</strong> <strong>Handbook</strong>


Resources<br />

& Links<br />

Useful websites<br />

Union<br />

• www.psa.asn.au (PSA)<br />

• www.cpsu-spsf.asn.au (CPSU)<br />

• www.unionsnsw.org.au (Unions<br />

NSW)<br />

• www.actu.org.au (ACTU)<br />

• www.labourstart.org (labour<br />

news from around the world,<br />

including Australia)<br />

• Union international<br />

• www.ituc-csi.org (International<br />

Trade Union Confederation)<br />

• www.labourstart.org (round up of<br />

international union activities)<br />

• www.ilo.org (International Labour<br />

Organisation – ILO)<br />

• www.world-psi.org<br />

(Public Services International)<br />

• www.tuc.org.uk (Trades Union<br />

Congress – UK)<br />

Government<br />

• www.nsw.gov.au (NSW<br />

Government gateway)<br />

• www.dpc.nsw.gov.au (Premier’s<br />

Department)<br />

• www.ombo.nsw.gov.au<br />

(Ombudsman’s Office)<br />

• www.gov.au (Federal<br />

Government gateway)<br />

• www.women.nsw.gov.au<br />

(Department for Women)<br />

• www.icac.nsw.gov.au (ICAC)<br />

• www.parliament.nsw.gov.au<br />

(Parliament of NSW home page)<br />

Industrial relations/awards/<br />

legislation<br />

• www.irc.justice.nsw.gov.au (NSW<br />

Industrial Relation Commission,<br />

NSW legislation)<br />

• www.legislation.nsw.gov.au<br />

(NSW legislation)<br />

• www.fwc.gov.au<br />

(Fair Work Commission)<br />

• www.industrialrelations.nsw.<br />

gov.au (NSW Office of Industrial<br />

Relations)<br />

• www.irc.justice.nsw.gov.au<br />

EEO<br />

• www.humanrights.gov.<br />

au (Australian Human Rights<br />

Commission)<br />

• www.antidiscrimination.justice.<br />

nsw.gov.au (Anti-Discrimination<br />

Board)<br />

WH&S and workers compensation<br />

• www.safeworkaustralia.gov.au<br />

(Safe Work Australia)<br />

• www.workershealth.com.au<br />

(Workers Health Centre)<br />

• www.wiro.nsw.gov.au<br />

(WorkCover Independent Review<br />

Office)<br />

• icare.nsw.gov.au (ICARE)<br />

• www.sira.nsw.gov.au (State<br />

Insurance Regulatory Authority)<br />

Labour issues<br />

• www.workers.labor.net.au<br />

(Workers Online)<br />

Women<br />

• www.wwc.org.au (Working<br />

Women’s Centres)<br />

• www.wgea.gov.au (Workplace<br />

Gender Equality Agency– Federal<br />

Government)<br />

• www.facs.nsw.gov.au<br />

(Department of Family and<br />

Community Services)<br />

• www.humanrights.gov.<br />

au (Australian Human Rights<br />

Commission for Federal Sex<br />

Discrimination)<br />

• www.education.gov.au<br />

• www.employment.gov.au<br />

Indigenous<br />

• www.aboriginalaffairs.nsw.gov.au<br />

(Office of Communities Aboriginal<br />

Affairs)<br />

• www.facs.nsw.gov.au<br />

(Department of Family and<br />

Community Services)<br />

• www.alc.org.au (NSW Aboriginal<br />

Lands Council)<br />

• www.koorimail.com (Koori Mail<br />

newspaper)<br />

• www.humanrights.gov.au (for<br />

Federal Aboriginal and Torres<br />

Strait Islander Social Justice)<br />

Multicultural<br />

• www.multicultural.nsw.gov.au<br />

(Multicultural NSW)<br />

• www.speakout.org.au (Immigrant<br />

Women Speakout Association)<br />

• www.humanrights.gov.au<br />

(for Australian Human Rights<br />

Commission)<br />

Disability<br />

• www.pwd.org.au (People with<br />

Disabilities NSW Inc)<br />

• www.humanrights.gov.au (for<br />

Federal Disability Rights)<br />

• Welfare rights<br />

• www.welfarerights.org.au<br />

(National welfare Rights Network)<br />

• www.ncoss.org.au (NSW Council<br />

of Social Services)<br />

Superannuation<br />

• www.firststatesuper.com.au (First<br />

State Super)<br />

• www.statesuper.nsw.gov.au<br />

(other State super schemes e.g.<br />

SASS, SSS and PSS)<br />

• www.cpsa.org.au (Combined<br />

Pensioners and Superannuants<br />

Association)<br />

General research<br />

• www.sl.nsw.gov.au (State Library)<br />

• www.nla.gov.au (National Library<br />

of Australia)<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 71


6.8 PSA Contacts<br />

General Inquiries<br />

Public Service Association<br />

160 Clarence Street<br />

GPO Box 3365,<br />

Sydney NSW 2001<br />

PHONE 1300 772 679<br />

EMAIL<br />

psa@psa.asn.au<br />

FAX (02) 9262 1623<br />

Website<br />

www.psa.asn.au<br />

Training Unit<br />

EMAIL training@psa.asn.au<br />

Membership Section<br />

EMAIL memberpayment@psa.asn.au<br />

Communications Directorate<br />

EMAIL communication@psa.asn.au<br />

Red Tape<br />

EMAIL redtape@psa.asn.au<br />

Regional Offices<br />

Bathurst<br />

Newcastle<br />

Lismore<br />

Tamworth<br />

Wagga Wagga<br />

Wollongong<br />

Phone 1300 772 679<br />

72 | <strong>Delegates</strong> <strong>Handbook</strong>


Appendix 'A'<br />

PROUD TO BE UNION<br />

What is a Union?<br />

A union is an organisation of workers who join<br />

together to achieve common goals and to<br />

promote a shared vision, based on fairness and<br />

social justice, of the society they aspire to live in.<br />

Unions advance workers’ rights and provide<br />

support to members, including by negotiating:<br />

wages; conditions of employment; flexible work;<br />

career opportunities; safe work practices; and<br />

workplace policies and procedures.<br />

We achieve, as an organised group of workers, far<br />

more than we can as individuals.<br />

What is the Public Service Association of<br />

New South Wales (the PSA)?<br />

The PSA is the leading voice in promoting the<br />

value of the work you do.<br />

Established in 1899, we are an active, member<br />

driven union that asserts its members’ interests<br />

and advances the value of public services for the<br />

people of New South Wales.<br />

The PSA is not affiliated with any political party.<br />

In 2015 a longstanding ban on donating any PSA<br />

resources to any political parties or candidates<br />

was reintroduced, having been lifted in 2008.<br />

We represent a diverse range of employees<br />

working under both the State and federal<br />

systems, including those working in public<br />

schools, universities, TAFE, corrective services and<br />

state owned corporations, and those working in<br />

specific sectors such as the disability sector.<br />

Why is organized collective action so<br />

important?<br />

We have power in numbers, and strength in unity.<br />

The PSA proudly promotes democratic,<br />

membership-based decision-making at all levels.<br />

Delegate and activist structures in the workplace<br />

provide a member-oriented focus around how we<br />

organise and build power.<br />

It is rewarding to know that as a PSA member you<br />

contribute to creating a fairer workplace for all.<br />

Together we fight to improve wages and<br />

entitlements, as well as job security, innovative<br />

workplace practices and rights at work.<br />

Are there additional benefits to being PSA?<br />

Yes! PSA members enjoy coverage under our<br />

Journey Insurance policy for injuries sustained<br />

travelling to or from work, which the Government<br />

removed from workers’ compensation laws in<br />

2012. The benefit of a Provident Fund (providing<br />

up to $3,500 to your nominee in the event of your<br />

death) is also included in membership fees.<br />

PSA fees are fully tax deductible.<br />

PSA members may also access free legal advice<br />

for non-industrial matters (such as drafting a will)<br />

and discounted banking services and loans with<br />

SCU Credit Union (conditions apply).<br />

In addition, PSA members can access an additional<br />

12 days of paid leave every two years to attend<br />

union training courses and other union activities.<br />

Join the fight to protect and defend public services now!<br />

Securely join online at https://membership.psa.asn.au/join or call our friendly team on 1300 772 679.<br />

Authorised by Anne Gardiner, General Secretary. Public Service Association of NSW, 160 Clarence Street Sydney. 21 June 2016<br />

<strong>Delegates</strong> <strong>Handbook</strong> | 73


My conditions of employment are great<br />

and I get a pay rise every year.<br />

Why would I bother being PSA?<br />

Did you know?<br />

Studies show that union membership may<br />

improve life satisfaction by:<br />

Your annual pay rise is not automatic. Instead the<br />

PSA wins these increases by negotiating with the<br />

Government and other employers on behalf of its<br />

members.<br />

You are a beneficiary of the collective strength of<br />

some 38,000 of your colleagues across the state<br />

who are PSA members. Only through our<br />

collective strength as a union are we able to<br />

negotiate on a level playing field with the<br />

Government and other employers.<br />

This is why your colleagues need you to join your<br />

union, the PSA, to advance and protect these<br />

conditions for which we have collectively fought<br />

long and hard.<br />

<br />

<br />

<br />

<br />

affording members opportunities to identify,<br />

discuss, and act to improve their working<br />

conditions, heightening self-determination<br />

and reducing feelings of alienation<br />

providing a greater sense of security at work<br />

for members, knowing they have the<br />

protection of their union<br />

offering opportunities for social interaction<br />

and integration, reducing feelings of<br />

loneliness and isolation<br />

enhancing the participatory benefits<br />

associated with more engaged democratic<br />

citizenship.<br />

What else does the PSA achieve for its<br />

members?<br />

The PSA continues to build on its long and proud<br />

history acting on behalf of members in all aspects<br />

of their working lives.<br />

In just the last ten years the PSA has recorded<br />

many landmark and historic achievements,<br />

including securing permanency for long term<br />

temporary staff, various advances for women in<br />

the workplace (such as maternity leave, lactation<br />

breaks and domestic violence leave), and<br />

successful work health and safety prosecutions in<br />

a number of different agencies.<br />

How Do I Join the PSA?<br />

Securely join online for as little as $3.40 per week<br />

at https://membership.psa.asn.au/join, or call our<br />

friendly team on 1300 772 679.<br />

And if you include the details of the colleague who<br />

assisted you to join online, we’ll give them a $75<br />

gift card for taking the time to explain why you too<br />

should be Proud to be PSA.<br />

The PSA also leads the way in campaigning on<br />

issues such as flexible work, workplace bullying,<br />

privatisation, and securing pay equity.<br />

Join the fight to protect and defend public services now!<br />

Securely join online at https://membership.psa.asn.au/join or call our friendly team on 1300 772 679.<br />

Authorised by Anne Gardiner, General Secretary. Public Service Association of NSW, 160 Clarence Street Sydney. 21 June 2016<br />

74 | <strong>Delegates</strong> <strong>Handbook</strong>

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