CPSU looks after your industrial issues - that is, issues that affect you and your fellow union members in your workplace. The union is structured to deal with your issues in the followin way.

COLLECTIVE ISSUES: Issues that affect more than just you in the workplace. Most usually these could be enterprise bargaining, Occupational Health and Safety or Implementation of Change issues. If your issue is a collective workplace issue you will need to contact your organiser in the Membership Development Team.

INDIVIDUAL ISSUES: Issues affecting you as an individual such as bullying, non-payment of entitlements, disciplinary, grievance related, classification etc. You will need to make contact with an industrial organiser from the Entitlement and Compliance Team.

WORKCOVER ISSUES: If you have a workcover claim you should make contact with the CPSU Workcover Officer Geoff Lewin.

The Entitlements and Compliance Team (E&CT) is the team at your union that helps you with individual workplace problems. As a union member you can gain advice, assistance and representation on a wide variety of issues that confront you at work. If your matter is a collective one such as enterprise bargaining, restructures, or Occupational Health and Safety please contact the Membership Development Team.

The E&CT is made up of nine officers:

Geoff Beckman	Rick Rendell	.....
Kathleen Hughes	.....	Joanne Sarkies
Andreas Ansorge	Mark Sartori	Andrew Capp

The E&CT offers the following services to our members:

Advice: You can gain advice on any industrial or workplace matter. Information on your award, agreement or even how to handle a difficult work situation. We have a full time adviser, Mark Sartori and at least one E&CT officer assists Mark on the phones daily so that you will have access to advice.

Negotiation: The E&CT are professional negotiators with many years experience. We can represent you with your management to communicate your interests and come to a negotiated outcome. We never conclude a deal without the express agreement of our members.

Advocacy and Representation: The E&CT provides members with representation and advocacy at various hearings, courts and tribunals. These include:

• Classification Tribunals
• Selection Grievance Hearings
• Personal Grievance Hearings
• Disciplinary Process
• The Australian Industrial Relations Commission for dispute resolution
• Unfair dismissals [Please note, the CPSU guarantees representation at the conciliation stage of an Unfair Dismissal only. Representation at Arbitration is not guaranteed as a range of factor should need to be considered and authorization would also need to be provided by the CPSU's leadership to pursue arbitration]
• Assistance and advice in relation to whistle blower compliants
• Bullying complaints
• Equal Opportunity Commission Conciliation hearings only
• Victorian Civil and Administrative Tribunal only if authorized by the CPSU leadership
• Industrial Division of the Magistrates Court if authorized by the CPSU leadership
• Merit Protection Board

Referral: If your matter is not industrial but may require a lawyer to represent you, the E&CT can refer you to a half hour free consultation with law firm Maurice Blackburn Cashman (MBC). You need to contact the union and get a referral to MBC. Please note, the CPSU will not underwrite and will not be held legally or financially responsible for any matter a member wishes to pursue with Maurice Blackburn Cashman (MBC) without the express agreement and authorization from the CPSU leadership.

The union won't represent you unless you specifically authorise us to do so. You need to be in contact with the E&CT by phone or email [insert email] with an outline of your concerns. A preliminary assessment of your case is then made and if the matter requires representation you will be sent an Application for Representation. Geoff Beckman, the E&CT team leader will then allocate an officer to your case. Cases are assigned according to agency, type of problem, and personnel workloads.

Before you call

• Have you spoken to the local CPSU workplace representative?
• Have your membership number ready
• Determine what outcome you want to achieve

‘Work value’ is an industrial term, meaning the essential use or ‘value’ to the employer of a particular job or position. The proper assessment of work value includes such elements as the comparative levels of a job’s responsibility, complexity, judgment, skills and knowledge. Our classification structures are based on these elements, so that increases in work value should be echoed in a job’s classification level. The job’s work value is established through a comparison of its required tasks, responsibilities, skills etc with the narrative descriptors at the correct classification level.

The descriptors for each classification level are in your Agreement. Your annual performance/progression system should ensure that your classification is at the appropriate level for the work value applicable to your role and should take account of any changes to that work value. Sometimes this does not occur.

In that case:

1. Gather all the formal, documentary evidence you can to support your argument that the level at which your work is required to be performed meets ‘on balance’ the descriptors for a higher level. Specific examples of where you fulfill the higher level descriptors will be necessary. Your position description will be crucial to proving where changes have occurred. Your performance plans are also solid proof of the level of work/responsibility required of you.
2. Complete the work value review form, concentrating on how the role has altered from the position description. Discuss the classification with your manager. Usually you would request this discussion in writing and would present a ‘case’ for reclassification, based on evidence that ‘on balance’ your role now meets the descriptors for a higher Grade or level. Obviously, the onus is on you to prove your case.
3. If the manager disagrees with you on the appropriate classification of your job, you are able to lodge an internal grievance (nb Make sure you request the manager’s response in writing. It is important that you are given the full and specific reasons that your request has been rejected).

Please note: it is important to be aware that if a job is reclassified, the employer may have to advertise it at the new, higher level.

Performance management describes how employee's go about their work and whether they are working to an acceptable level. In contrast to the descriptors which describe the value of the work, the performance cycle describes what you actually do. Performance plans are to be negotiated between an employee and employer and of course you should not agree to anything that is not measurable, not achievable or not within your control. Performance measures cannot just be imposed on you, there has to be genuine consultation about the proposed measures.

Training and development is a required feature of the progression cycle – you cannot be denied a performance outcome if you have not been accorded a training and development opportunity through the cycle

The AIRC has made a number of determinations in relation to performance:

• at grade-1-4 the overwhelming majority of people should progress
• at grades 5 - STS, performance is more onerous however the plan must still be clear and tangible
• employees must receive written reasons from the manager if the progression criteria have not been met
• a meeting must occur at least once during the cycle to ensure both parties are still aware of the agreed goals

Members who do not receive a progression payment have the right to lodge a grievance. In the first instance you should try and resolve it at a local level by discussing the matter with your manager however, you need to be aware of some of your rights.

• performance issues should not come as a “surprise”, if there are issues concerning your performance during a cycle you must be informed of them and given an opportunity to improve
• the manager must provide detail of the specifics of alleged poor performance and what action is required to remedy the situation
• if a meeting is to occur, procedural fairness is to apply that is , you should know what the meeting is about
• you can take representation to that meeting

If your employment is covered by the Public Administration Act 2004 you have the right to have a decision to appoint another candidate for a position you applied for if you believe that there has been an abuse of process. The merits of why you might be the better candidate cannot be reviewed – only the process.

Some examples of an abuse of process:

• The procedure was somehow not fair
• The procedure and process breached natural justice
• Your referees were not called even though you were promised that they would be
• You know that you were asked questions that others were not
• The process did not operate in accordance with the written procedure
• A key selection criteria was ignored
• The position description was changed during the process
• Little or no notice was given for the interview
• The panel was stacked with people who you have made complaints against or with people that for whatever reason have a biased view of you personally or professionally
• A relevant consideration was not taken into account

Before calling the E&CT download the Grievance forms from your intranet. You need to move fast on a selection grievance as most departments and agencies only allow a window of mere days to lodge an appeal so don't delay.

Before you call

• Have your membership number ready
• Download the selection grievance forms from your internet
• Determine what outcome you want to achieve

If your employment is covered by the Public Administration Act 2004 you have the right to have a decision reviewed. For grievances other than selection grievances you can lodge a personal grievance. If a decision is unfair or against the Public Administration Act or a guideline of the Public Sector Standards Commissioner the matter may be reviewed. One of the most important sections of the Act is section 8:

The Grievance may be refused only if it is trivial, vexatious or lacking in substance, the complainant does not have sufficient personal interest, the matter is subject to or should be a complaint in another forum. If your Grievance is rejected contact the E&CT immediately.

If you are not covered by the Public Administration Act 2004 your review rights will be covered by the dispute resolution procedure in your agreement.

A personal Grievance is usually about reviewing the decision or lack of decision by a decision maker. It can also be about behaviours or workplace situations. Some examples of legitimate grievances include:

• Inappropriate performance assessments
• Unreasonable work allocation
• Unreasonably taking tasks away from an employee
• Failure to follow guidelines
• You have not received an entitlement
• An inappropriate disciplinary decision (less than termination)

Bullying is sometimes handled with Personal Grievances. See our information on Bullying

Before you call

• Can this be sorted out at the workplace
• Have you spoken to the local CPSU workplace representative/delegate
• Read the Grievance system on your internet
• Have your membership number ready
• Determine what outcome you want to achieve

Every employee can face disciplinary action. For those in client contact environments a complaint from the public could trigger disciplinary action. Discipline may also arise from breaches of Departmental policy, Code of Conduct or from poor performance. Every public sector worker could be subject to a disciplinary procedure during their career. Discipline is governed by Regulations which demand levels of protection and integrity to the process.

You need representation to ensure that the process is followed. We will advise you through the entire process to make sure the employer follows natural justice and procedural fairness.

We can advocate on your behalf to minimize any penalty impact.

If you are dismissed unfairly as a result of disciplinary action the CPSU can assist you in the conciliation phase of an unfair dismissal application to the Australian Industrial Relations Commission Please note that the CPSU does not guarantee that they will pursue an unfair dismissal application to the arbitration phase. Authorisation to pursue arbitration in the AIRC can only occur with the express authorization of the CPSU leadership having regard for all the circumstances of the particular case.

If you are required to come to a meeting to discuss any issue you should find out what it is about. If it is a disciplinary matter you should ask to have a union representative with you which could be a local representative. Employers recently have tried to dictate the role of the union representative in first stage disciplinary processes. Please be aware that you are legally and industrially entitled to be “represented” at any stage of the disciplinary process and that your union representative is not simply able to attend as a support person with no representation rights.

Before you call

• Have you spoken to the local CPSU workplace representative
• Have your membership number ready
• Determine what outcome you want to achieve
• If you are given letter detailing a disciplinary investigation contact the E&CT immediately. We will organise an application for representation which you can fill in and send with the disciplinary letter.
• Whenever possible, the CPSU must be provided with reasonable notice to be able to attend meetings with management of a disciplinary nature

You have enforceable rights as detailed in Agreements and Awards. The CPSU will enforce those agreements in various Courts and Tribunals should your employer breach them.

The E&CT will appear on your behalf in jurisdictions such as the Australian Industrial Relations Commission and with authorization from the CPSU leadership, the Industrial Division of the Magistrates Court. We will advise you on the strength of your case and the best way to gain a positive outcome. While CPSU representation is free for members you may be required to pay costs if your case is unsuccessful in some jurisdictions – the E&CT officer will advise you of these risks.

Even with the Howard Government overhaul of the Industrial Relations system most CPSU members will still have unfair dismissal rights that can be enforced in the Australian Industrial Relations Commission or the Federal Court (not guaranteed and only if authorized by the CPSU leadership). If you think you have been unfairly dismissed contact the E&CT immediately. We only have 21 days to lodge paperwork in the AIRC. The CPSU will usually lodge the paperwork and bear the cost of the filing fee in the AIRC. You can find out more about the process at [AIRC website]. If you are successful you can gain lost wages, compensation and reinstatement. Please note, as previously stated, the CPSU will guarantee representation at the conciliation phase of an unfair dismissal application. The CPSU does not guarantee representation at the arbitration phase of an unfair dismissal. The CPSU leadership will consider all aspects of the case prior to authorizing that a case will progress to arbitration.

Bullying is the most common workplace concern being dealt with by the CPSU presently and seems to be out of control in the Victorian Public Sector. Consistently, surveys report widespread bullying. The CPSU is addressing this issue with Government and supporting individual members in their particular pursuit of bringing bullies to task.

What is bullying:
WorkSafe Victoria defines workplace bullying as "repeated, unreasonable behaviour directed toward an employee or group of employees that creates a risk to health and safety.
Unreasonable behaviour is behaviour that a reasonable person, having regard to all the circumstances, would expect to victimise, humiliate, undermine or threaten.
Behaviour includes: actions of individuals or a group; and may involve using a system or work as a means of victimising, humiliating, undermining or threatening.
Risk to health and safety includes risk to the mental or physical health of the employee. [visit Worksafe website for more info]

You are not experiencing bullying if it is is something less than the definition above. Reasonable behaviour is not bullying. Discipline is not bullying if it is warranted. Getting a warning is not bullying if it is warranted. A 'one off' conflict is not bullying (see our workplace conflict page).

The E&CT will assist members with a bullying complaint by:

1. Assessing whether or not you have a bullying complaint or if it does not meet the definition
2. Advising you on the process that can be undertaken in relation to bullying and proposing the most affective course of action having regard for your particular circumstances
3. Negotiating with the relevant authority to make sure that the process being proposed is satisfactory i.e. an investigation by a mutually agreeable, accredited investigator
4. Supporting you in drafting your complaint, giving evidence, and ensuring that you have been afforded procedural fairness thereby natural justice

Bullying is an Occupational Health and Safety issue. We cannot necessarily 'fix' it but we can make the employer live up to their responsibilities so that they make it stop.

Some techniques to use if you are experiencing bullying

If you think you are experiencing bullying in the workplace follow this advice:

• Read about Bullying - what it is and what it is not:
  www.workcover.vic.gov.au
• Keep a confidential diary noting times, places and witnesses to bullying behaviour
• Try not to be alone with the bully
• Contact the union early
• If you feel confident enough, talk to the bully (with a witness present) and explain what you think is unreasonable about their behaviour
• Talk to others who may be experiencing bullying. Collective action is always stronger than individual complaints
• Seek medical help early if you are feeling ill
• Try relaxation techniques and leaving work at work when you walk out the door
• If you become unwell as a result of the perceived bullying behaviour, contact the CPSU workcover officer for immediate advice

Before you call

• Have you spoken to the local Occupational Health and Safety representative
• Read about bullying on the Worksafe Website: www.workcover.vic.gov.au
• Have your membership number ready
• Determine what outcome you want to achieve

(to be inserted after policy is determined)
I need suggestion in this, what does mean 'to be inserted after policy is determined'?

Equal Opportunity Commission of Victoria (EOCV)
If you have experienced discrimination in the workplace, the CPSU can assist.

Discrimination means being treated less favourably because of one of the following attributes:

• age;
• breastfeeding;
• gender identity;
• impairment;
• industrial activity;
• lawful sexual activity;
• marital status;
• parental status or status as a carer;
• physical features;
• political belief or activity;
• pregnancy;
• race;
• religious belief or activity;
• sex;
• sexual orientation;
• personal association (whether as a relative or otherwise) with a person who is identified by reference to any of the above attributes

If your case is not connected to an attribute there is no discrimination. There may be however unreasonable treatment or bullying occurring.

The CPSU will help you draft your complaints, and represent you in mediations at the Victorian Civil and Administrative Tribunal. If you lodge your own Equal Opportunity action, the CPSU cannot guarantee that we will represent you. Contact the E&CT before you approach the EOCV.

The E&CT will advise you on the strength of your case and any possible costs that may be awarded against you should your case be unsuccessful.

Before you call

• What attribute from the list above do you have that you believe is the basis of the discrimination
• Have you spoken to the local CPSU workplace representative
• Have your membership number ready
• Determine what outcome you want to achieve

Union member mediation and conflict service

• Free service to members
• Discreet and without the knowledge of the Department if you want
• Fully qualified and trained
• Also available through the employer

Work is like most of life – there will be times when you come into conflict with someone. Sometimes to resolve that conflict you need someone independent to help resolve the disputes. When two CPSU members are experiencing difficulty they can call on their union to help.

CPSU now provides a professional mediation and conciliation service to members experiencing workplace conflict. With qualified personnel who have no connection to your issues, the CPSU can assist in developing a resolution to the satisfaction of all parties building strategies to work together and avoid future conflict.

The service is confidential and management will not know about it.

How does it work
If you are experiencing conflict at the workplace that is not bullying the CPSU mediation service may be able to help you resolve the matter. Bullying is illegal conduct and should be the subject of a formal complaint. Workplace conflict could be:

• Some tension and difficulty in talking with a person
• Being unnecessarily ignored by someone
• Inappropriate language
• A one off 'blow up' or inappropriate behaviour

How do I access this service
If you have a complaint about someone in the workplace, be they a manager, co-worker or outside contractor you can contact the E&CT to discuss the matter. If the E&CT officer believes that the matter could be addressed by mediation they will advise you and offer the service. When you authorise the CPSU to mediate the conflict we will then contact the relevant parties and arrange a suitable, neutral environment for the mediation.

Employer authorised mediations
This service is available to the employers as well. Mediators are always used internally and externally. CPSU can provide this on a 'fee for service' basis.