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PUBLIC SECTOR ENTERPRISE AGREEMENT FINALISED |
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After six months of negotiations and 12 months of drafting, the new consolidated public sector enterprise agreement is almost ready to be put to ballot. We have reached agreement with the DHS and VHIA on a process for balloting and certification as follows:
- 9 October - "Notice of Employee Representational Rights" to be distributed to employees to be covered by the Agreement. This is a new requirement under the Act. There is no need to act on this as the Union will be deemed by default to be your representative if you do not indicate otherwise.
- 30 October 2009 - Employees to be given access to the draft Agreement. This could be by email on your work Intranet or through distribution of printed copies. We will place the document on the members’ pages of our web site when finalised but this does not absolve the employer of the obligation to distribute it.
- 9 – 13 November 2009 - Employees to be balloted. This will occur in much the same manner as has occurred in the past with each health service determining the form of the ballot. For the most part, voting will be by show of hands. In some instances arrangements for a postal ballot may be necessary. Please check with your HR Department for details about the procedure in your workplace, including how people absent on the day will be accommodated.
NB: Unlike our previous agreements, this is to be a multi-employer agreement; .i.e. there will be one agreement with a list of employers attached to whom it will apply. The Act requires an affirmative vote at each individual work site which is to be covered by the Agreement. This means that a majority of people voting must vote yes. (However it does not mean that a majority of people to be covered by the Agreement have to vote). This could be a problem in small services such as community health centres where there may be only one person to be covered by the Agreement (such as a dietitian or a psychologist). Members in CHCs therefore need to be particularly vigilant that they are given the opportunity to vote. If that person misses the vote because they are absent on the day, the Agreement will not apply at that workplace unless a subsequent ballot is held prior to the date of the application to the Commission for approval of the Agreement. If the Agreement does not apply it is not legally enforceable. This means that that person’s employment conditions may be difficult and expensive to enforce.
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