Documents Workplace Relations 10.14379.pdf - Chief Minister's ...

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-a:
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Date Se tember 2010
To
Chief Minister·
• Chief Executive
CHIEf MINISTER'S DEPARTMENT
• Deputy Chief Executive, Governance
From Director Public Sector Management
Subject · Legislative Assembly Members' Staff Enterprise Agreement- Negotiations
Critical date and reason
Agreement to a negotiating position is required ahead of the.next meeting on 6 September 2010.
Purpose
To brief you on the status of negotiations for a replacement LAMS enterprise agreement, and
to seek yonr agreement to a negotiating position on the key issues.
Background
Five meetings have been held with staff and union representatives to date.
A summary of staff claims and the management team's response is provided at Attachment A.
It is understood that you wish to pursue three claims:
• A reduction in the cap on TOIL more consistent with the ACTPS.
• A cap on annual leave accrual.
• Restricting termination payments to bona fide redundancies.
Issues
TOIL and LAMS Allowance
The issues of TOIL, including the cap, and the LAMS allowance for additional hours worked
are interrelated and not straightforward. Both parties consider the most appropriate way
forward would be to undertake a review so that these matters can be proper! y addressed in the
next agreement. The review would also examine the administration of the LAMS allowance
in the context of the staff claim for the allowance to be paid during paid leave.
Annual Leave
Currently the LAMS allowance is only paid on days worked and not on any form of paid or
unpaid leave. Paying the allowance on paid leave would remove the current financial
disincentive to staff taking annual leave. In order for this to be cost neutral the allowance
would need to be reduced proportionately. The staff representatives argue that reducing the
rate of the allowance would result in staff being financially penalised if they do not use their
full annual leave entitlement. On the other hand, paying the allowance on annual leave
without reducing the rate of the allowance would result in an additional cost of around
$27,000 pa if all staff used their fnll annual leave entitlement. If agreed, the allowance
would only be paid on leave taken, and not on accrued leave paid out on termination.
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