TAFE TEACHING STAFF MULTI BUSINESS AGREEMENT
UPDATE

Produced by the Victorian TAFE Association - 27th November 2007

BACKGROUND AND CURRENT STATUS

The Victorian TAFE Association is disappointed that the AEU has not sought to re-engage in discussions on the Government approved Management Position that would lead to a Multi-Business Agreement (MBA) and salary increases for TAFE Teaching Staff.

Our most recent meeting with the AEU was on 2nd November 2007 and we have not had any indications the AEU wishes to resume discussions.

We are concerned that the delays will mean that an Agreement will not be reached until well into 2008 and as a consequence, meaningful pay increases for TAFE Teaching Staff will also be delayed.

Two of the key issues of difference between the VTA and the AEU relate to the broadening of the Overall Total Remuneration Package (OTRP) in the MECA and the re-introduction of institution specific Appendices at some Institutes/Universities. Both of these items are key components of the Government approved Management Position.

ALP FEDERAL ir POLICY &
THE STATE GOVERNMENT Approved Management Position

Award Flexibility Clauses - The new Federal Government’s industrial relations policy states that awards will provide for flexibility:

“An Award flexibility clause will enable arrangements to meet the genuine individual needs of employers and employees” (Forward With Fairness – Policy Implementation Plan, Page 11)

“Under Labor’s new system, awards will provide the parameters within which flexibility arrangements can be made under an award flexibility clause. This may include matters such as:

• Rostering of hours of work;
• All up rates of pay;
• Provisions that certain award conditions may not apply where an employee is paid above a fixed percentage as set out in the award”

(Forward With Fairness – Policy Implementation Plan, Page 11)

Agreement Flexibility Clauses - The policy also provides for flexibility in Collective Agreements:

 “Labor will also ensure that within the framework of collective enterprise agreements, there is the flexibility for an employer and employee to make additional arrangements on an individual level.”
(Forward With Fairness – Policy Implementation Plan, Page 13)

“Under Labor’s new collective enterprise bargaining system all collective agreements will be required to contain a flexibility clause which provides that an employer and an individual employee can make a flexibility arrangement.” (Forward With Fairness – Policy Implementation Plan, Page 14)

The ALP policy further proposes a no disadvantage mechanism virtually identical to the offer made by the VTA on behalf of employers in negotiations.

The extension of the OTRP clause to all staff within a comprehensive Union MBA will improve service delivery, flexibility and also benefit the superable salary of staff teaching in a domestic as well as international environment. This proposition clearly meets the ALP policy.

The OTRP is voluntary and has a strong no disadvantage element that guarantees those staff who take it up are in fact better off, while Institute/University operations become more flexible.

The OTRP is not new and has been around for three years as an AEU agreed clause of the MECA for teachers who work overseas.

THE FUTURE AGENDA FOR VET GROWTH ACTIVITIES

After more than ten years of national training reform, very strongly bi-partisan COAG policy has yet again reaffirmed the need for public TAFE to be truly flexible and responsive to both industry and individual learner needs or it will be by-passed by governments of all persuasions.

The new Federal ALP Government will provide growth funds for 450,000 new VET student places over 4 years through industry bodies, not directly to TAFE, in what is another strong message about the need for TAFE reform and to be competitive for contestable funding if we are to remain relevant.

The additional places are to be allocated directly to industry sectors through Industry Skills Councils which will allocate places to individual employers who will in turn purchase the training from a VET provider. The ALP Skilling Australia for the Future – Policy Document outlines that the training places will be allocated as follows:- Cert II (12%), Cert III (18%), Cert IV – (32%), Diploma (32%) and Advanced Diploma (8%).

The policy states: “providers will be compelled to deliver training which is more responsive to the needs of industry.” (p.13).

ANALYSIS OF COMPARATIVE AEU / TAFE PROVIDER POSITIONS

The AEU log of claims proposes to reduce flexibility and productivity with the return to many of the old ‘schools based’ conditions which TAFE teachers had agreed to modernize in the two previous agreements.

The VTA fully analysed the AEU log of claims and provided the Union with a clause by clause response at our meeting on 5th September 2007.  The AEU claim includes increasing costs by up to 55% over 3 years in full time salary rates alone together with provisions that will reduce productivity significantly. (It could be summarized as demanding significantly higher remuneration in exchange for less teaching, more time allowances, reduced availability and reduced flexibility in scheduling).

The employer position, on the other hand, is balanced and in the best interests of the future of public TAFE, our teachers and our students because it seeks to protect all existing terms and conditions from the Award, MECA and MOU as a base line and then offers the potential for agreed flexibility, the resumption of previously agreed provisions from some 2000 EBAs, State Government standards for pro rata LSL after 7 years for full time and contract staff,  paid Maternity and Adoption Leave of 14 weeks and the ability of GSO superannuation scheme members to salary sacrifice to superannuation.

THE FUTURE

Our outstanding TAFE professionals are engaged in contemporary student centered teaching and learning processes; using up front assessment, work place based training and assessment, gap training, accelerated apprenticeships, project based learning, e-learning and blended methodology as well as traditional class room teaching.

Isn’t it time our industrial instrument actually recognised and rewarded contemporary and new, more flexible ways of working?

Nobody disagrees that our TAFE Teachers deserve meaningful pay rises; the employers are saying the current Award/MECA/MOU is the appropriate starting point from which to explore the way forward for a vibrant and sustainable public provision based on contemporary service delivery principles.

Public Sector Agreement Making/Wages Policy has not changed and states that efficiency savings and improved service delivery of 0.75% per annum is required to assure the State Government sanctioned 3.25% per annum increase; whilst it remains possible for TAFE Teaching Staff to receive increases in excess of this amount in exchange for demonstrable productivity offsets.

The VTA hopes that the AEU is positively reassessing their position and will re-enter discussions on the Government approved Management Position.