Delegates Handbook
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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 />
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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 />
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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 />
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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 />
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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 />
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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 />
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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 />
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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 />
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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 />
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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 />
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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 />
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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 />
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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 />
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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>