Consultation and schools
Consultation and the certified agreement
The certified agreement provides a clear expectation of what constitutes consultation:
Consultation involves more than a mere exchange of information. For consultation to be effective, the teacher must be contributing to the decision-making process, not only in appearance, but in fact.
Summary of key points
The LCC is the key mechanism for managing workload.
The LCC needs to be involved in consultation around flexible SFDs; staffing proposals; bus and playground rosters; meal break variations; extensions to school hours; areas in joint statements.
The LCC should be involved in consultation about the purpose, frequency and duration of staff meetings.
Staffing flexibility/workplace reforms need to be submitted to DET and the ECC.
Funds allocated for staff must be used for the employment or PD of employees.
New dispute resolution processes include a resolution committee at central office – this may consider the consultation processes within the school when trying to resolve disputes.
The key changes to the consultation and dispute resolution provisions of the agreement are the introduction of the need to consult on the purpose, frequency and duration of staff meetings, the inclusion of flexible student free days and the capacity for schools to use the October SFD hours flexibly, the reintroduction of registering workplace reforms with the ECC, and the introduction of the dispute resolution committee at central office.
LCC
The LCC is the local consultative committee, a union/management committee responsible for effective change management within the school. How this is achieved is inherent in its name – through consultation.
“Consultation is not perfunctory advice on what is about to happen. Consultation is providing the individual, or other relevant persons, with a bona fide opportunity to influence the decision maker. Consultation allows the decision making process to be informed, particularly as it may affect the manner in which work is undertaken in the course of employment.” (Commissioner Smith in the Community and Public Sector Union v Vodafone Network Pty Ltd)
The key elements of this quote are useful in assisting members in determining whether or not consultation was genuine.
1. Was the advice perfunctory, or was the proposal presented as a fait accompli, i.e. “this is going to happen”… “I’ve decided”?
2. Did members have the opportunity to influence the decision?
3. Was the decision reached informed by the consultation?
If the answer to the first question is “yes” then the consultation was not genuine.
If you are able to answer “yes” to questions two and three, then in all likelihood the consultation was genuine
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TAFE - mechanisms for consultation
Consultation principles and requirements
Clause 17 of the certified agreement provides a clear expectation of what constitutes consultation.
17.1 Consultation principles
(a) Where TAFE Queensland needs to make a decision about matters that significantly impact employees’ employment circumstances, TAFE Queensland is committed to consult with affected employees and the unions.
(b) Consultation will:
(i) provide affected employees and the Union/s with relevant information in a timely manner
(ii) allow a reasonable period of time to receive feedback, and take into account and consider, the views of the affected employees and the Union/s prior to the decision;
(iii) provide affected employees and the Union/s with reasons for making a particular decision once a decision has been made.
(c) Relevant information may include:
(i) providing a rationale for a proposed change
(ii) clarifying the current state
(iii) a vision for the future state
(iv) proposed transitional approach from current to future state focusing on identifying employee impacts.
The scope of the clause is deliberately broad. If you are unsure whether an issue requires consultation with effected members, please call the QTU for further advice.
Mechanisms for consultation:
Workplace consultation: local consultative committee (LCC)
What is the LCC and do I have one?
What is the LCC and do I have one?The LCC is the peak industrial forum within the region. Your region must have an LCC. The obligation to effectively consult with employees and unions is required by the TAFE industrial award, certified agreements, whole of government policy and legislation.
What does it do?
It serves as the key mechanism to implement the certified agreement, as well as forming a component of the certified agreement dispute resolution processes. It addresses a broad range of local issues that affect TAFE Queensland employees, including workload issues.
As a function of implementing the certified agreement, LCCs are required to assess each proposed team-based working arrangement and approve it in accordance with clause 25.5(h).
The LCC serves as a mechanism for managing workload. In managing workload, the LCC needs to be involved through activities such as:
- researching workload issues including addressing specific workload issues referred by staff of work units, employee representatives and/or management
- developing expedient processes for referral of workload issues to the LCC
- developing strategies to improve immediate and long-term workload issues
- assessing the implications of workloads from a workplace health and safety perspective and referring relevant matters to the workplace health and safety committee.
It should also look at proposals that will result in change through impacting employees’ employment circumstances within the region. There is a duty to consult over significant change and under clause 11 of the award “Consultation - introduction of changes”; where TAFE Queensland decides to introduce changes, it must notify employees and their unions. The LCC is an appropriate forum to commence such notification and consultation with employees and unions.
Changes likely to have significant effects on employees include variations to:
- production
- program
- organisation
- structure
- technology.
The term ‘significant effects’ includes:
- termination of employment
- major changes in the composition, operation or size of workforce
- the skills required
- elimination or diminution of job opportunities or job tenure
- alteration of hours of work
- the need for retraining or transfer of employees to other work or locations
- the restructuring of jobs.
The LCC does not remove or supplant management’s responsibility to ensure the good order and conduct of the region and the effective day to day management of the region.
Who is on the LCC?
The committee is a representative group generally comprised of an equal number of union/employee and management representatives, which may include the general manager and the director of HR.
Unions will nominate their representatives. There is no capacity for non-union representation on the LCC.
LCCs will be the subject of terms of reference agreed between the parties which will outline the composition. The terms of reference may be amended from time to time. Generally, terms of reference outline that the LCC maintains equal numbers of management representatives (selected by the general manager – including the GM themselves) and union representatives (including the QTU, Together and United Voice) as determined by the unions (see clause 17.2 Local Consultative Committees of the certified agreement).
How often does it meet?
This will be outlined in the terms of reference, but should be at least once a term. Some LCCs meet once a month, others twice per term.
As a government agency, TAFE Queensland must keep records of these meetings.
Who chairs the LCC?
This is a matter that should be decided in consideration of the terms of reference and thereafter recorded in the terms of reference. There is no hard rule. High functioning LCCs have been known to share the role of chair between the parties on a rotating basis. Similarly, a fixed chairperson can function well.
How are decisions made by the LCC?
The LCC should function as a consensus building forum whenever possible. Matters not resolved at the LCC can be referred to TQ corporate HR in the first instance and subsequently to the TAFE Queensland Consultative Committee (TQCC) by either unions or management, in accordance with the certified agreement dispute processes.
What happens to decisions made by the LCC?
If decisions are reached by consensus and do not contravene industrial instruments, then implementation should proceed as discussed in the LCC.
If consensus cannot be reached, and there is a dispute regarding a majority decision, or the union representatives dispute the decision reached, matters can be escalated through the dispute resolution processes to TQ corporate HR and to the TAFE Queensland Consultative Committee, and subsequently the QIRC if necessary.
Getting organised for LCC meetings
Who sets the dates?
The dates for the LCC are set early in the year and union reps should be invited with calendar invites to the meetings or ensure that they have the meeting dates inserted into their calendars. TQCC meetings are also set in advance.
Identifying issues for the LCC agenda
There is generally a call for agenda items in the lead up to the LCC, often a fortnight in advance of the meeting. Advise staff that the LCC agenda is about to open and ask that potential agenda items be sent within one week. There may be some items that remain from the previous meeting or that are standing agenda items. Holding a branch or workplace meeting in the weeks prior to the LCC meeting date would provide an opportunity to collate issues that can be presented for LCC.
How and by who is the LCC agenda set?
Any member of the LCC can put an item forward for discussion at the LCC by submitting a briefing paper outlining the concern and actions needed to ameliorate the issues. Remember that the LCC is not the first step for solving issues. Resolution of matters should have been attempted at the local level prior to escalating to the LCC.
Do not ‘ambush’
If a matter arises after the agenda has been set and the closing date for agenda items has passed, you can still advance an issue to the LCC. However, it is impractical to expect resolution of something if no notice is given. Flagging the matter for the LCC’s attention and possible resolution out of session by subcommittee or by flying minute may be the best solution. Do not “ambush” in the meeting. This is counterproductive, does not result in consensus solutions and will put other committee members off side.
Prepare an LCC briefing paper
A briefing paper template may be in use within the region. If not, it is suggested that the following information should be included, if applicable, in any briefing paper:
- the agenda item (name the issue, section of CA or award or identify it among standing items on the agenda)
- the party raising the item (QTU, Together Queensland, United Voice, TAFE Queensland, region etc)
- who will speak to the item (presentations should be limited to 10 minutes)
- who is affected by the issue (team of employees, individual employees etc)
- the background to the issue
- the primary areas of concern
- attempts made to resolve the matter at the local level (e.g. meeting with relevant manager, referral to OHS committee, discussions at team meetings etc, email trails).
- If no attempts have been made to resolve the matter at the local level, the reasons why
- what you are requesting of the LCC
- a possible solution to the issue.
Consultation and reporting
Members
Unless there are matters flagged as confidential, the minutes of the LCC are available to all staff. They should be available on the intranet and/or can be circulated once they are confirmed as being accurate. Unless there is a matter of significant disagreement, generally the minutes should stand as the record of the meeting.
Holding a branch or workplace meeting in the weeks prior to the LCC meeting date would provide an opportunity to collate issues that can be presented for LCC. If there is significant disagreement regarding a proposal, it may be necessary to hold such a meeting following the LCC. In accordance with the QTU Constitution and Rules, the Honorary Branch President can convene a branch meeting, a workplace Union Representative can convene a workplace meeting.
Other unions
Seeking to discuss issues arising in the agenda with other unions prior to the meeting is advisable. Convening a caucus of union representatives from the various unions to discuss common concerns or to explain matters which may require support is a sensible approach.
The QTU
Union Reps agree to be bound by the QTU’s policies and the decisions of the Executive, Council and Conference. If a Union Rep is unsure regarding the substance of a matter before the LCC or regarding an appropriate response to a proposal, it is entirely appropriate to seek clarification, particularly of interpretations of the industrial instruments or regarding QTU policy matters. Advice can be sought via the Queensland Teachers’ Assist Desk, from the QTU TAFE Organiser or from other officers of the Union. If the matter is complex, it is best to allow as much lead time as possible to ensure appropriate advice to be given.
In some circumstances, the TAFE Organiser or another officer of the Union may attend an LCC in an ex-officio capacity to provide additional advice and support.
Reaching consensus through consultation
Decisions of consultative committees and teaching teams in programming should be made by consensus where possible.
Achieving consensus can be difficult at times – the following are suggested strategies for reaching consensus decisions whenever possible.
Be open, transparent and accountable
The whole staff should be aware of any proposal being considered by the LCC.
There should be no “surprises” or “ambushes”.
This requires an investment of time to ensure the process can be considered appropriately.
Have I listened? Have others listened to me?
It is important that all voices are heard during debate/discussion.
Use of inquiry questioning may assist with understanding other people’s perspectives.
Can I commit to supporting a proposal in public and in private?
All members of an LCC need to commit to a consensus decision, otherwise the consultation outcomes will be compromised.
Set a timeframe for review of outcomes from proposals (i.e. public and private commitment until the end of the semester or year etc).
If I cannot agree, what minor change would I suggest to make agreement easier?
Unless a proposal is in breach of an industrial provision outlined in the relevant award or certified agreement, it should be considered objectively – but if it is in breach it must be rejected.
Union Reps may ballot members to gauge member support for a proposal if it is controversial.
Review proposals regularly
Clear timelines for review may allow consensus to be reached more easily.
Time needs to be given to objectively assess the outcomes of any proposal, particularly before renewal of a team-based working arrangement (TBWA) is considered.
Timing is everything
Organise pre-LCC workplace meetings. This is to ensure member contribution to the agenda as well as to consider advice regarding management proposals and Union feedback (if sought). Additionally, this will provide time for Union Reps on the LCC to consider the details and enhance the consensus process.
If you know a proposal may be controversial, allow appropriate time for all parties to give consideration and don’t rush the decision-making process.
Consultation – state level - TAFE Queensland Consultative Committee (TQCC)