Dear Colleagues,

On 05 August 2008 the Victorian TAFE Association (VTA) put a revised position to the Australian Education Union (AEU) to seek to re-engage in negotiations with the assistance of an Australian Industrial Relations Commission (AIRC).

THE VTA’s REVISED OFFER TO THE AEU

1. The VTA and AEU agree to a process that is conducted in private conciliation with the assistance of the AIRC.
2. The AEU may select the Commission member to conduct the conciliation from a list of AIRC members who have some degree of familiarity with the TAFE environment and existing TAFE industrial instruments.
3. The VTA and AEU to list in dot point form all of the issues that are sought to be addressed in finalizing an industrial agreement.
4. The VTA and AEU exchange their lists of key issues one week prior to the first conciliation meeting with the relevant AIRC member.
5. A complete copy of the lists would also be forwarded to the Commission Member one week prior to the scheduled private conciliation meeting.
6. At the first meeting both the AEU and VTA would have a 30 minute period to explain their respective positions to the other party and to the Commission Member.
7. The AEU and VTA commit to resolving the issues within a period of 6 weeks from the first meeting.
8. The Commissioner make recommendations about how the matters should be progressed.

A formal response was requested by close of business on 11 August 2008 and in the event there was no response to the proposal by the stated deadline it would be treated as a rejection of the proposal. The VTA was hopeful that this would be an acceptable revised negotiating position and therefore the foreshadowed strike on 20 August 2008 would not proceed.

The AEU acknowledge receipt of the proposal on 06 August 2008 but has not responded to the VTA and it appears the strike will proceed on 20 August 2008.

PROPOSED INDUSTRIAL ACTION IS UNLAWFUL AND IS NOT PROTECTED ACTION

The Federal Workplace Ombudsman (the Ombudsman) wrote to VTA on 28 July 2008 regarding the proposed AEU 24 hour stoppage. We are also advised the Ombudsman wrote to the AEU and State Government in the same form.

The Ombudsman has indicated that:
“I have come to a preliminary view that attendance at the day of action would constitute industrial action as defined in the Act (unless such attendance was on a day of approved leave). The implication of this preliminary view is that it would be unlawful, under s507 and 508 of the Act for payment to be made, demanded or accepted for the period of participation in the industrial action. Any such payment would, on the face of it, constitute a matter that may require investigation by the Ombudsman.”

The industrial action foreshadowed by the AEU is unlawful. This is because:

1. For industrial action to be lawful there are specific requirements that a formal bargaining period must be in operation.
2. In the case of TAFE there is no bargaining period because the AEU is seeking a Multi-Business Agreement (MBA) with all Victorian TAFE Employers.
3. Under the Workplace Relations Act 1996, a Bargaining Period cannot be approved by the AIRC in seeking to progress a MBA and therefore any industrial action is unlawful.

TAFE CEOs would like to re-enter negotiations with the AEU within the parameters of the proposal put forward by the VTA.  Swinburne certainly wants to reach agreement on a way forward as soon as is practicable and to finalise arrangements so that TAFE teaching staff can receive pay increases that are much deserved.

TAFE TEACHING STAFF ARE REQUIRED TO DECLARE THEIR ATTENDANCE ON 20 AUGUST 2008 VIA THE EMPLOYEE WEB SELF SERVICE (EWSS)

Swinburne must comply with the Workplace Relations Act 1996 (the Act) which means that we must not make payment to an employee engaged in unlawful industrial action unless such attendance was on a day of approved leave.

To ensure compliance with the Act, Swinburne will be requiring teaching staff to log into the EWSS to make a declaration about their attendance on 20 August 2008. Any teaching staff engaging in the strike action on that day will not be required to make the declaration and will not be able to be paid for that day unless they were on pre-approved leave.  

Please click on the following link for instructions on how to make a declaration about your attendance http://www.swinburne.edu.au/corporate/hr/docs/tafe_strike.pdf

I would also like to take this opportunity to remind you of the TAFE Teachers EBA website which has been set up to keep you informed and allow you to ask questions http://www.swinburne.edu.au/corporate/hr/ebtafe/