IPART has suggested that everything can be put in one place in the IPART Award if we vary it. We note that the IPART Award does not displace the Conditions Award in its entirety. Regardless of whether we vary the Award, there are still aspects of the Conditions Award that apply to employees (for example, minimum rest periods).
The PSA notes that opening the Award to vary it allows for consideration of a more forensic examination while in there: either IPART or an over-zealous Commissioner could consider adding or deleting various aspects. And we would already be at the table so would in effect have entered into a decision to expose it to examination in greater detail.
Clause 10 of the Conditions Award can be utilised to negotiate a valid local arrangement. This would be negotiated between IPART and the PSA (which ensures that non-union agreements don’t happen) and individual arrangements could still be entered into. This would mean IPART could make changes to working conditions for the purposes of greater flexibility without varying the Award and without putting it under a microscope. Local arrangements are a much more expansive document rather than a simple clause, and can do more to outline intent etc and how these issues can be managed.
It is easier for your union to address inequitable applications of flexible arrangements on your behalf under a local arrangement.
Under Clause 10.2.4 of the Conditions Award, we can insert a clause in a local arrangement to terminate it by giving 12 months’ notice which provides a greater safeguard than varying the Award to insert a new clause.
It is therefore our industrial advice (and also the advice of our Legal Services) that we do not vary the Award but instead negotiate a local agreement with management.
