Call for suspension of inferior policy on 'excess' staff

Federation has not agreed to new Managing Displaced and Excess Staff Policy and Procedures for TAFE.

By Peter de Graaff

In the last week of term 1, Federation was advised by the Department of Education and Training (DET) that it was writing to existing displaced and excess TAFE employees to declare them "excess" under the new the Managing Displaced and Excess Staff Policy and Procedures.

This new policy and procedures will be used by DET in any restructuring or re-organisation that arises from implementation of TAFE NSW - Doing Business in the 21st Century. It will also apply to AMES, National Art School and the Teacher Housing Authority.

Federation did not agree to this new policy, and maintains that it is inferior to the previous policy which was negotiated over 18 months with the assistance of the Industrial Relations Commission. Federation has called on the Department to suspend implementation of the new policy and procedures, until the shortfall between the previous policy can be discussed and addressed.

A difference with the previous policy and procedures is that these were more employee-centred with DET having responsibility for assisting displaced and excess staff through opportunities for re-deployment and re-training for re-deployment. There were also distinctions made between potentially displaced, displaced and excess employees. This new policy is more employer-centred and assumes employees will take a greater responsibility for their own re-deployment. There is little consideration given to re-training in these new policy and procedures.

Although the procedures require that the Department will explore opportunities for re-deployment prior to declaring employees excess, there does not appear to be any test to assess the effort undertaken by the Department to assist employees before declaring them excess. It appears from the information provided by DET that a person who becomes displaced early in the first term of this year may have already been declared excess by the term's end.

Federation maintains that a teacher should not become displaced where there is a teaching program available including hours taught by part time casual teachers.

Under the new procedures if an employee is declared excess and elects re-deployment, then the Department requires them to sign an undertaking that they must actively explore, and accept "any reasonable redeployment opportunities".

Although the procedures state that salary maintenance does not commence until the time the employee has been allocated work at a lower value and is advised in writing, Federation believes that employees should not be forced to undertake work at a lower grade or value, and rather should undertake such work only with their agreement.

Members who become displaced or are declared excess and seek to elect re-deployment may feel concerned that this is contingent upon a range of conditions being agreed in advance through signing and returning the nomination form to the Department. Such conditions seemingly include registering for redeployment, actively exploring redeployment opportunities, the accepting of any "reasonable" re-deployment opportunities, and agreeing in advance to the possibility of accepting lower value work and salary maintenance.

The re-deployment nomination form was not agreed or discussed with Federation. Members who receive letters from the Department declaring or maintaining them as excess, and are seeking or continuing to seek re-deployment should return the re-deployment nomination form to the Department/Institute with the dot point concerning salary maintenance crossed out. Before signing the form members should consider writing the word "noted."

Members should contact Federation for assistance concerning their status.

The Federation and Public Service Association are continuing to work together on this issue.

Peter de Graaff is the Acting Assistant General Secretary (Post School Education).

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Last Modified: 08 May 2008