the union organiser september 2011

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Authorised by Branch Secretary, Kathrine Nelson Magazine of the Australian Services Union Queensland (Services and Northern Administrative) Branch Queensland Services Union www.asuqld.asn.au ASU Branch Council planning for our union’s future Spring 2011

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Magazine of the Australian Services Union Queensland (Services and Northern Administrative) Branch Queensland Services Union www.asuqld.asn.au Spring 2011 Authorised by Branch Secretary, Kathrine Nelson

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Page 1: The Union Organiser September 2011

Authorised by Branch Secretary, Kathrine Nelson

Magazine of the Australian Services UnionQueensland (Services and Northern Administrative) Branch

Queensland Services Union

www.asuqld.asn.au

ASU Branch Council

planning for our union’s future

Spring 2011

Page 2: The Union Organiser September 2011

ASU/QSUThe Union Organiser

www.asuqld.asn.au32 Peel Street (PO Box 3347) South Brisbane Q 4101President: Bob BallBranch Secretary: Kathrine NelsonAssistant Secretary: Jennifer Thomas

ASU Connecttel: 07 3844 5300fax: 07 3846 5046email: [email protected]

ASU Connect Senior Industrial Officer Michelle RobertsonIndustrial Officers: Denis Ball, Gerard O'Gorman, David MalcolmMedia/Communications Officer:

Belinda Hogan-Collis

IndustrialIndustrial Services Coordinator: Neil HendersonSenior Industrial Officers: James Mattner, Rebecca Smith, Tneka Springett, Richard TarnawskiIndustrial Officer: Sandra Terera

OrganisingLead Negotiator: Justine MoranRegional Coordinator South: David PerryRegional Coordinator North: Margie DaleSACS Coordinator: Catherine LahertyLead Organiser GOC: Danny ReevesOrganisers: Tim Frost, Anna Herzog, Stuart Maggs, Holly Patterson, Kirk Rostock, Brendan Sheehen, Zach Walsh

North Queensland - Townsville

Organisers: Chiara Lennox, Julianne Mann,Steve Rodgers 485 Flinders St (PO Box 1048)Townsville Q 4810Fax: 07 4771 3460

Central Queensland - Rockhampton

Organiser: Janet Kelly110 - 114 Campbell St (PO Box 5160)Red Hill, Rockhampton Q 4701Fax: 07 4922 3919

Central Queensland - Toowoomba

Organisers: Peter Ryan Level 2 Trades Hall, 19A Russell St (PO Box 1619)Toowoomba Q 4350Fax: 07 4638 9133

Published by the Australian Services Union, Queensland (Services and Northern Administrative) BranchEditor : Kathrine NelsonPrinted by : BluePrint Pty Ltd, 07 3879 8430

make a decision based on issues that affect you and where the candidate stands on that.

“We will be taking the Charter to all sections of the community across the state right up until the next election so that workers know what policies they are voting for,” Ron said.

“We will also ensure that whichever party gains power that they are held to their pre-election commitments.”

Supporting the campaign is easy.

Sign up at www.charterforqld.com.au

Every new member will show the government that workers are serious about a better future.

Queensland unions have created a Charter outlining important issues for all union members.

As we approach the next state election, unions are joining in a united action plan to ensure candidates commit to policies that benefit working Queenslanders.

Members have been working together for a better life for Queenslanders.

However, over time some government decisions have meant that things are getting tougher for members.

By building a strong support for the Charter for Working Queenslanders, we'll be able to make sure that politicians work with us to make sure things are better for our members and communities.

The Charter covers four areas including skills training and support for local industry, safety at work, delivery of services like health and education, and fairer workplaces.

Queensland unions, representing more than 350,000 workers, have adopted the aims of the Charter and right now we are organising delegations across the state to meet with election candidates. We'll be discussing their commitment to issues on behalf of members.

Delegations will involve union members and there will also be contact with local media organisations to ensure that Charter objectives and candidate commitments are on the public record.

QCU General Secretary Ron Monaghan has been talking with our union about the Charter and the upcoming state election and raises some important issues.

Ron said this process will ensure that when you vote, you can

Charter For Working Queenslanders - Time To Have Your Say

Page 3: The Union Organiser September 2011

Branch Secretary's Reportby Kath Nelson

Workplace Rights are Human Rights Our union is currently bargaining in each of our major industries. It’s a busy time for members, delegates and union staff. As new Branch Secretary of our union, I have had to give great consideration to the particular perspectives and objectives I will bring to the role. One of my key priorities is to provide more education, resources and assistance for members so you can achieve what you want and need in your workplaces. During bargaining, you will see your delegates and often organisers working with you collectively on the ground striving for successful industrial outcomes.

While a union staff member cannot be present at every negotiation, members can be assured those speaking on your behalf, either your workplace delegates or union staff member, will be well supported and trained. Your representatives will also have the back-up of the experienced industrial staff and legal resources of our union. Feel confident also that I will bring the media and communications resources needed to ensure your stories about what you want, and why you want it, are heard.

The right of workers to form and join a trade union and to have their desired objectives within their workplaces achieved by collective bargaining is a fundamental human right recognised by the United Nations and by all democratic countries around the world. Too often this perspective on bargaining is lost. Even in Australia in our recent past, during the Workchoices era, we have experienced a government prepared to infringe and limit your right to collective bargaining. Fortunately, we now have workplace legislation at both the state and national levels that supports you in your right to freely express your desires via the collective bargaining process.

Yet, all too often we get caught up in the technicalities of bargaining or the process surrounding it; we forget to think about collective bargaining as a fundamental human right and to celebrate this right. We forget to celebrate the fact that you are able to freely enter into this process, in an environment supported by legislation. We also forget that this is your time to express to your employer, through a process where they are required to listen, your concerns and desires for the future. I would like you to take the time to think about your human rights and how they are respected and realised in your workplace. Let’s celebrate the fact we have a right to have our voices heard and acted on.

The voices of our members at QHealth will now be known as the QSU as the amalgamation process of the Queensland Services, Industrial Union of Employees and the Federated Clerks Union of Australia North Queensland Branch Union of Employees has been finalised.

Now is the time for members in most of our industries to celebrate your right to collective bargaining as a fundamental human right. Spread the word around your workplace. Ask others to join in your celebration. Ask others to join our union so they too can be part of the process and part of our successes.

Finally, members are encouraged to review our Financial Statements for the 2011/2011 period on our website. Also available for members review are the Financial Statements for the former NQ Clerical and Administrative Branch for the period of 1 July 1010 to 5 February 2011, 2009/2010 and 2008/2009. Please visit www.asuqld.asn.au and follow the links to these statements.

Page 4: The Union Organiser September 2011

Energy Bargaining 2011Delegate of the Year -

Anne Watt

Anne was recently endorsed as the 2011 Delegate of the Year by our Branch Council. Nominations are sought each year for the Award and delegates are nominated by their Industry Division Committee. The role of the delegate is critical to the operation of our union. Our delegates are the face of our union - the link between the union office and our members. Anne is a worthy recipient of the Award showing the qualities of selflessness and leadership.

Anne has worked at the Gold Coast City Council for 31 years and has been a delegate in her workplace since the 1980’s. Her colleagues call her hardworking, vigilant, selfless and energetic. She is known for her passion in making sure workers at Gold Coast City Council always get the fairest deal possible; and she is known for her compassion and understanding for colleagues whenever a personal workplace issue arises.

When Anne left school she worked for MBF and became a member of the Federated Clerks Union. In 1971 she started work at Gold Cost City Council and joined the Municipal Officers Association. It was during this time at age 20, Anne first saw the power of the union first hand. Relieving the Chief Engineers Secretary and not receiving the correct wages, she sought help from her union who fought with her to have this rectified.

A keen traveller, Anne then spent many years overseas before returning to work at the Gold Coast City Council. After seeing a notice on the Council’s noticeboard looking for staff to become members of the Local Union Committee, Anne, after a little hesitation joined. She said she could not believe everyone was so welcoming and it was not too long afterwards she said she found her voice. Anne has been attending Local Union Committee (LUC) meetings ever since.

Around this time, Anne became a delegate for the Australian Services Union. She has had a large hand in the wins for workers at Gold Coast City Council. These include making sure workers kept their Registered Days Off (RDO’s) and workers kept their fair and resonable wages and conditions after Council amalgamated. Anne has also helped colleagues on a personal level with such issues as: Occupational Health and Safety; Wage Level Enquiries; Position Descriptions; Recruitment and Selection Issues Family; Maternity and Sick Leave Issues; Restructure and Redundancy Issues; Discrimination; and Disciplinary issues.

In 1996, Anne helped a disabled colleague gain an undercover car parking space. She also made sure that all the building door access concerns were addressed and rectified for this member. In the 1990’s with staff parking bays becoming scarce, Anne created a petition, which most staff signed. Through Anne’s initial action and union lobbying new staff car parks were built.

Today, Anne is the Vice-President and the Treasurer of the LUC. She represents members on the Joint Committee and she also represents her colleagues on the Single Bargaining Unit and Enterprise Bargaining Committee and she is one of the Region 11 (South East Queensland) representatives on our union’s Local Authorities Industry Division Committee. Anne produces agendas for the monthly LUC meetings, she books meeting rooms, places

items of interest including union newsletters for noticeboards and she updates the delegate information on the Council’s intranet union page to keep members informed.

Anne says: “I believe strongly in an individual’s rights and have always tried to offer suggestions to resolve issues. I also believe in empowering the individual so when I am helping them, I always suggest they read the Award, the EBA or Council’s policies so they gain some ownership and even if it is not a win on all occasions we come out feeling we have all tried out best. I think that is what keeps me going. I sit up in bed reading EBAs or Council policies, even my work colleagues and family will jokingly say ‘Anne get a life’. But, I find our union dynamic, proactive and even when stretched to the limit always fighting the fight for its members. I have, though my association with our union progressed on an individual basis also, gaining confidence, my negotiation skills have improved and I see more than one side to an argument. Being a delegate has made me a better person.”

Congratulations Anne

Page 5: The Union Organiser September 2011

Distribution/Transmission: Our union is now entrenched in negotiations for new Enterprise Agreements (EAs) for Ergon Energy, Powerlink, Energex and Sparq Solutions. We are proactively negotiating the claims that were compiled from our members’ feedback, for the improvements being sought. Through these negotiations our union is seeking a greater wage increase, increased workplace flexibility (including working from home), greater superannuation provisions, improved retraining and redeployment provisions, revision of the existing classification structure along with other significant claims that our members have advised us that they are seeking. Our union is anticipating that these negotiations will continue through to the end of this year as we try to overcome the difficulties being put to us by the corporations. This includes the current Government Owned Corporations (GOC) Wages Policy which provides a wage increase of: 2.5% wage increase per annum; 1% productivity increase per annum; and 0.5% productivity off wages per annum

The productivity requisites of the GOC Wages Policy require savings to be afforded to both the employees and employers. The corporations have put forward a number of productivity initiatives for which our union will seek to reject and find alternatives. Through this process our union will aim to ensure no existing terms and conditions of employment are traded off to meet the productivity requirements.

Generation: Our union has now embarked upon negotiations in the Generation sector as well. The negotiations in this sector have been brought forward to ensure each member of the generators will be protected as a result of the Genco Restructure. We will aim to have these negotiations completed by 30 September 2011 and will be incorporating the Transition Principles that have been agreed between unions, government and the Gencos. Given the short timeframe for these negotiations, our union will be seeking the assistance of delegates and members in meeting the 30 September 2011 timeframe.

CS Energy Update: Members at Callide Power Station have recently voted in favour of an in principle agreement with an operative date of 13 July 2011.

On 13 July 2011 our union launched the Energex 2011 Bargaining Campaign at the Newstead corporate offices. This was an opportunity for all employees interested in improving their workplace conditions and entitlements to gain a greater understanding of how our union collectively bargains.

Our union bargaining representatives, Peter Duffy and David Milliken outlined their role within the bargaining process and the importance of union membership. All union members were urged to actively promote the union whenever possible especially to new employees and potential union members. A union’s effectiveness depends directly on the collective strength of its membership.

Union State Secretary, Kathrine Nelson presented important information about how our union represents its members. Kath spoke about the successful history of collective bargaining at Energex and how collectivism has provided employees with excellent job security and strong conditions. Industrial Services Coordinator, Neil Henderson and Senior Industrial Officer, Rebecca Smith spoke about other key issues arising out of the bargaining process to date. They highlighted concerns over the Government Owned Corporation (GOC) Wages Policy as well as the implications of the proposed productivity initiatives put forward by Energex management representatives.

Roberta Albrecht from your Industry Super Fund, Energy Super (see advertisement below) provided an update about the performance of the fund including future trends and potential growth. This was important information to members especially because superannuation features strongly in our log of claims.

Energy Bargaining 2011 ENERGEX CAMPAIGN LAUNCH

ContaCt us to find out more

above: QSU members celebrate the launch of the ENERGEX 2011 Bargaining Campaign

Remember to find us on facebook

Page 6: The Union Organiser September 2011

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Bra

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ouncil

Page 7: The Union Organiser September 2011

The Union Branch Council met on 15 September 2011 to plan our union’s objectives and discuss how best to put these priorities into action. United under the theme of What Unites Us, the Branch Council first reflected on our union’s achievements over the last 12 months. With last year’s focus on Investing in our Futures, it can be said our union has had much success the past year.

Our union has run numerous campaigns many of which have resulted in successful enterprise bargaining agreements across all the industries we cover. Our union continued to support many hundreds of members who needed individual advice and support. The merger with the Queensland Clerical and Administrative Branch has made our union stronger. Our membership has grown. With this in mind, our Branch Council discussed how our union now builds on these successes. To do this, Council discussed the theme of What Unites Us by revisiting some of our union’s original objects, which are to:

• Co-operate with a policy of improving the cultural and living standards of its members;

• Improve the social and economic position of its members; and

• Formulate and carry into operation schemes for the industrial, social, recreational, intellectual and general advancement of members.

Branch Council developed and endorsed the following three objectives for the coming 12 months.

Visibility - We need to increase our efforts to ensure our visibility to those who are members of the union and importantly those who are not. To do this we should:

• Take charge of the image of our union within the community by utilising social media and build an online community to promote the good news/positive stories to the whole community.

• Educate employees about our achievements, the union goals and vision and our relevance to the community.

• Promote pride in the union through encouraging more visible branding and making the connection to

union involvement.

• Promote the actions of union members as active and involved members in the community and encourage more involvement of this nature (e.g Publicised, branded, coordinated, voluntary contributions to the community).

Representation - We need to build our capacity to continue to represent our union with members, non-members, employers, tribunals and government to achieve progressive and sustainable results and respect for our union. Part of this is building our respect (both perceived and demonstrated) with employers and workers through a collaborative approach with a view to achieving positive outcomes.

Delegates - We need to continue to grow and develop our delegate structures to ensure delegates remain the focus of the future of our union. The delegates training program in 2011/2012 should establish an emphasis on:

• Educating delegates.

• Investing in delegates (including support structures and processes).

• The engagement between delegates and workplace managers.

• Recognition of the delegate in the workplace.

• Mentoring and succession of delegates in the workplace, industry and union.

• Recruiting new delegates.

• More opportunities for cross industry networking amongst delegates.

• Increasing resources to delegates e.g. Online how to fact sheets, handbook.

Youth - In everything we do we need to have an emphasis on getting out there to young people.

Plans to meet these objectives will now be developed and implemented as we move into 2012.

Page 8: The Union Organiser September 2011

QHealthMembers Continue to Negotiate

for a Fair Wage Deal

In the ports sector the most pressing issue over the past few months has been the on-going negotiation of new Enterprise Bargaining Agreements (EBAs) for both Ports North and North Queensland Bulk Ports.

The negotiation for a new EBA for North Queensland Bulk Ports has been a real test of perseverance for union delegates involved in particular, with the negotiations commencing over 12 months ago.

In the past month however, there has been a major step forward in both negotiations, with our union able to sign a separate In Principle Agreement (IPA) with both organisations.

The significance of this action is that it guarantees members pay increases won in the negotiations, will be backdated to 1 July 2011 (the day after the respective existing EBAs were due to expire).

This does not mean negotiations are completely over. It does however indicate our union has a broad agreement with management on the key areas within each new EBA.

These key points are:

• A three year duration for each EBA;

• A pay increase of 3.5% annually to exisitng base rate;

• A further pay increase of 0.5% annually paid “off” wages for example; paid to superannuation or as a lump sum); and

• A 3.5% annual increase in allowances.

In the North Queensland Bulk Ports negotiations, union delegates were also able to maintain a number of existing important conditions and entitlements. These conditions were previously won by hard fought union action with delegates not prepared to let them slip away.

What’s more, the action of delegates has given employees formerly with the Ports Corporation of Queensland, their first ever chance to enjoy most of these same hard fought benefits.

The next step in each of the negotiations is the process of actually drawing up each draft EBA document. In this step our union will be working to ensure that all commitments given by management during the negotiations to date, and in the IPA document, are translated in full into the draft EBA document.

The timetable for undertaking this step with each separate organisation has not yet been finalised, however our union is hopeful this can be scheduled as soon as possible.

After a draft of the EBA document is agreed upon with management, our union will conduct member meetings to discuss the document. Once that final step is successfully concluded a ballot of all staff will be held to determine whether the new EBA is accepted.

Negotiations are continuing with Queensland Health (QHealth).

QHealth has offered 2.5% wage increase plus 0.5% based on cost savings initiatives in line with the Queensland Government Wage Policy. A one off $500 in annual rates of wages subject to measured overall reductions in costs associated with a range of efficiency measures has also been offered.

The measurement of the cost savings will be based on targets and key performance indicators (KPIs) in respect of efficiency initiatives, and the verification by an independent external specialist organisation of the savings. The initiatives put forward by QHealth and costed by them address a range of initiatives which impact on new starters and workloads.

QHealth says these initiatives will not impact on current wages and conditions. Our union begs to differ on this opinion. We have now moved from fortnightly meetings to weekly meetings to work through the unions’ logs of claims and further discuss initiatives and KPIs for cost savings.

At this stage, QHealth has rejected all claims that have a cost value. One of our union’s main claims is to address issues for the rural and remote members.

We are asking for parity with the other streams which work in QHealth as well as extra benefits, to encourage employees either to stay at QHealth or to move to the remote areas.

The Health and Hospital Network Bill 2011 (Reform Bill) was introduced into the Queensland Parliament in June 2011.

If the Reform Bill is if passed, it will replace the current Health Services Act 1991 from 1 July 2012.

The provisions of the Reform Bill will result in changes to Queensland Health’s current organisational structure. In particular, the current health service districts will evolve into Local Health and Hospital Networks (LHHNs).

Each LHHN will be an independent statutory body, run by a Governing Council. Corporate Office will move from managing the delivery of services to a department that supports the Minister for Health and the director-general exercise their statutory responsibilities and to manage the system.

In addition, Clinical and State-wide Services will evolve into a separate business unit within the department called the Health Services Support Agency (HSSA).

QLD Reform Bill 2012

PORTS SECTOR -

In Principle Agreements Signed

Sector Updates

Page 9: The Union Organiser September 2011

In the weeks following our National Day of Action for Equal Pay in June, ASU members across Australia inundated local Members of Parliament (MPs) and Senators with calls, emails and visits in support of our campaign for fair wages. An ASU delegation made up of union officials and SACS delegates from across Australia went to Parliament House on 21 and 22 June 2011 to lobby for our campaign for Equal Pay for Social, Community and Disability Services (SACS) workers.

Since Treasurer Wayne Swan did not attend our National Day of Action outside his electorate office on 8 June 2011, our Queensland representatives tracked him down at his parliamentary office. SACS Vice President Penny Carr presented him with “Our Stories” which members had written and signed, calling for full funding for Equal Pay.

The lobbying and particularly the supporting member activism has had an effect. On 6 July, the Federal Government committed to providing fair and appropriate funding to help support any increases we win in our national Equal Remuneration Case.

Equal Remuneration Case: Our union has been participating in conciliation with the other parties in our case. Fair Work Australia (FWA) encouraged parties to conciliate in its decision in May of this year. This was to try and reach an agreement on how much the undervaluation SACS workers experience is because of gender, and to reach agreement on the rates of pay. Due to the ongoing conciliation, the final hearing dates in our case have been postponed until October 2011.

Regulation: From 1 October 2011, our Queensland Pay Equity rates of pay, will be legally enforceable at “prescribed employers” though federal regulation. The Federal Government has delivered on its commitment in the Heads of Agreement with our union to make the rates enforceable in the federal industrial relations system.

As more and more employers are required to pay these rates, our Pay Equity wage rates become the industry standard for our work. When the SACS Award first took effect in 1996, only a few hundred employers were legally required to pay. However, the SACS rates of pay quickly became the minimum rates paid in the sector, even by employers not bound by the Award.

Funding: Appropriate Government funding to ensure organisations can pay staff at rates that reflect the real value of the work they do, is an ongoing issue for our sector. Our union continues to campaign and lobby the state and federal governments on the pressing need for fair funding. Members and employers should be continuing to communicate with local MPs, both state and federal, about the impact that will be felt on our communities if funding is not increased in line with our hard-won wage increases.

National Disability Insurance Scheme Our union, as a formal supporter for a National Disability Insurance Scheme (NDIS), along with the ACTU and other union supporters, has welcomed the Gillard Government’s commitment to implement a national, no-fault disability insurance scheme. An NDIS will not only provide financial support for hundreds of thousands of Australians, but enhance the disability

services workforce.

Particularly important for our members who are also carers is a recommendation to extend the right to request flexible working arrangements to the parents of significantly disabled children aged over 18.

Equal Pay for SACS Workers Members Keep Up The Pressure

from left: ASU organiser Catherine Laherty, SACS Industry VP Penny Carr, Treasurer Wayne Swan and ASU Secretary Kath Nelson

Page 10: The Union Organiser September 2011

I Don’t Need A Family Lawyer.........................Do I?Parenting orders from the Court are the only way to protect any arrangements made involving children. Whilst written parenting plans are helpful, they are not binding and enforceable as they are not registered with the Court. It is important that any parenting plan becomes a Parenting Order to ensure certainty and legal enforceability.

Amicable agreements about assets and children which promote the maintenance of good relations between separating parties are valuable, particularly in family law matters which involve children. Amicable agreement however does not negate the need for legally binding documentation.

Hall Payne Lawyers are regularly approached by clients, separated from their partners, wanting to reach an agreement without going to court. At Hall Payne, we believe that court proceedings are a last resort when all else has failed. For this reason, we work hard to achieve an outcome for our client that is amicable but legally binding and enforceable, without the need for court intervention.

Contact ASU Connect to get a referral for a free initial consultation on with one of our Family Lawyers.

Phone: 07 3221 2044

Imagine how you would feel if you had been separated from your partner for ten years and a newly received family inheritance became subject to a claim by your ex.

Then, imagine how you would feel if your ex partner won that claim. You were then made to hand over some of that inheritance to them, even though you separated ten years earlier.

This is something that can occur if, at the time of separation, you reached an informal agreement with your now ex but never obtained the Court’s approval or sanction of that agreement. At the time of separation, both parties may agree on distribution of assets and may also agree not to make a future claim against each others assets, but without a legally binding agreement registered with the Court, ex partner’s can change their mind in the future and make a claim.

The same can happen with the informal arrangements made with children after separation. In matters involving the parenting of children, particularly in relation to living arrangements, the need for legally binding agreements is even more important as children deserve security and stability.

ASU Qld (Services and Northern Administrative) Branch and Chifl ey Business School offer members the opportunity to receive a full scholarship into the Chifl ey Graduate Certifi cate in Management program commencing in January, 2012. VALUE $6380.

This is a great opportunity for members wanting to launch a successful management career.

Visit www.asuqld.asn.au to submit your application today.Applications close on 25 November 2011.

Learn about the Chifl ey program at:www.chifl ey.edu.au/postgraduateprograms

* Scholarship includes all units within the Chifl ey Business School Graduate Certifi cate in Management program except Unit 418 China Industry Tour. Scholarship recipients may still enroll in Unit 418 by paying the tuition fees and additional costs less the standard tuition fees for a unit.

ASU PROFESSIONAL DEVELOPMENT SCHOLARSHIP

APPLICATIONS NOW OPEN

Chifley ad Union Organisor August 2011.indd 1 18/08/11 12:34 PM

One of the most frequently asked questions union industrial staff deal is ‘how do I resign from work?’ Changing you mind after resigning is not necessarily an easy thing to do which is why you need to count to ten or ring someone for a quiet chat before you take the step. Usually issues about withdrawing a resignation only arise when someone has resigned in the “heat of the moment” however there are other scenarios which are not uncommon.

Employees who are leaving to take another position frequently leave themselves vulnerable to trouble by not being clear about the new job in terms of what is expected and what the actual salary and conditions are before resigning. Resigning before receiving and accepting a written offer from the new employer is also risky behaviour. The advent of email means that an offer can be transmitted in writing very easily and nothing needs to be taken on faith. Put it another way, it is hard to think of a situation where a verbal offer should be acted on. A resignation from employment is made more complicated by social niceties. Hearing that a resignation has been “reluctantly accepted” or “accepted” confuses the true legal position that a resignation is a unilateral act. Other than the giving of any required period notice a resignation is not conditional on acceptance by the employer.

Agreement between an employee and employer to allow a rescission or withdrawal of a registration is one thing but the employer does not hold the capacity to decide that an employee is not to resign. An example of this sometimes arises in disciplinary matters where an employee chooses to resign rather than be subjected to an internal disciplinary process. An employer might want to keep the employee in employment so that the process could be completed and “refuse” to accept the resignation to achieve this end. Such a “refusal” has no effect and the employment will come to an end in line with the notice provided.

This leaves the messy scenario of an employee resigning in the

heat of the moment. Is it possible to recover from a heat of the moment resignation? If it is accompanied with a punch on the nose for emphasis, it is unlikely that Fair Work Australia will assist. However, if it is retracted within a reasonable period of time an employee will be allowed to escape the resignation. The retraction must however be swift. The next day will probably be too late.

Think Twice Before You Resign From Your Employment

Page 11: The Union Organiser September 2011

2011 Branch Council DinnerBelow: Six members were awarded Life Membership of our union. Life Membership acknowledges both length of service and outstanding service and contribution made by individual members who are non office bearers. Congratulations to John Payne, Ken White, Doug Coates, Ian Buckley, Mal Case (in order below) and

Therese Stephan

Above: Delegate of the Year Anne Watt, with her fellow nominees (from left) Dan O’Brien, Paul Bell and Peter Rasmussen

Page 12: The Union Organiser September 2011

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