Australian Public Servants have had their rights to union representation and consultation guaranteed with the release of two new Circulars from the Australian Public Service Commission (APSC).
Releasing Circular 2022/08: Genuine and effective employee and union consultation in Commonwealth agencies and Circular 2022/09: Union representation in Commonwealth agencies, the APSC said the Government expected Agencies to positively engage in genuine consultation with employees and unions on workplace matters that affected them.
“[Circular 2022/08] outlines consultation requirements to apply in Government workplaces that go beyond the model consultation term, noting that Agencies are not required to do anything that would be inconsistent with their legal obligations (for example ensuring they comply with privacy laws),” the APSC said.
“Government expects that Agencies will adopt genuine and effective consultation arrangements that enable employees and relevant unions to have a voice on matters that affect them in the workplace,” it said.
“Government also recognises that final decisions on matters, particularly those that are significant, will continue to rest with decision makers (i.e. the Agency head).”
The APSC said genuine and effective consultation could include establishing workplace relations consultative forums (if none presently exist), digital forums, email inboxes, hotlines or suggestion boards/boxes.
It said Agencies should develop collaborative relationships with relevant unions in the workplace, including ensuring there was union representation on workplace relations consultative committees.
The Commission said Agencies were expected to implement arrangements that ensured unions could exercise their industrial rights under the Fair Work Act 2009 and participate in consultations and engagement that went beyond Fair Work Act requirements.
“Employees are entitled to have access to their union to represent them in the workplace on employment and workplace matters,” the APSC said.
“The Government supports the important and legitimate role union delegates play in representing employees,” it said.
“Government expects that Agencies will implement workplace arrangements that enable sustainable, high performing public sector workplaces, and encourages Agencies to adopt principles that respect and facilitate the role of union workplace delegates, and other union officials.”
The APSC said Agencies should also provide union delegates with reasonable access to Agency facilities for the purpose of carrying out their role as a delegate and in order for them to consult with members and other interested employees about matters affecting them in the workplace.
Circular 2022/08 can be accessed at this PS News link and Circular 2022/09 at this link.
