ATO - Consultation and representation

Your rights on these matters are in Clauses 1.1(b), 2, 3, 4, 5, 72.20, 74.2, 74.7, 97.1, 99.4, 103, 104, 111, 116.2, 118.3, 119.5 and 131.1 of the ATO (General Employees) Agreement 2009.

Consultation

Your collective agreement gives all employees and their union the right to be consulted about organisational and operational changes that may affect you. When change is proposed that affects you and your colleagues, it is important that real consultation occurs. CPSU will support, advise and represent members affected by organisational change.

The ATO must:

• Share information with employees and your representatives (CPSU)
• Allow affected staff and their representatives to put their views to the decision maker, and
• Consider those views before making a final decision.

The ATO must also outline the context and/or reasons for prospective changes and the potential impacts. Consultation will happen at the workplace level, Sub Plan consultative forums, and at the National Consultative Forum, or at other times when you seek consultation through your CPSU representatives.

What should the ATO consult with you about?

Consultation may vary depending on the kind of change, and the scope of the change proposed. However, the principles of transparency, and the ability to access relevant information and the support and advice of CPSU should be constant.

The ATO is obliged to consult with you about:

• Prospective business decisions which significantly affect the way you work, and
• How those decisions are implemented.

The GEA also outlines the more specific requirement to consult:

• When the ATO proposes to create, develop or significantly and substantially change a policy or guideline that relates to the provisions of the GEA
• Before new or changed rostering arrangements are introduced
• If the ATO intends to alter the current standard hours
• In developing the voluntary arrangements used in rostering
• At the earliest practicable stage where ATO proposes to permanently move employees between buildings
• During the annual review of the Workforce Plan
• When it becomes apparent that an excess employee situation may arise
• When an excess employee situation exists
• In relation to any reviews or significant changes to the ATO’s recruitment and selection policy
• On the establishment of a Workplace Diversity Program
• On the design of new, and modification of existing, accommodation
• On matters of disruption during building activity

Representation

When changes happen in your workplace and to the way you work, CPSU recommends you talk through these changes with your workmates. CPSU can facilitate this discussion and advise you on options available to you. CPSU can also represent you in the ATO’s consultation with you. CPSU represents members at the National Consultative Forum and at the Sub Plan and local levels.

Getting support from your CPSU delegate or CPSU staff will ensure your rights and entitlements are observed. The earlier you ask for assistance, the better.

Individual employee representation

You are entitled to CPSU representation in any individual workplace matter arising under the GEA, such as:

• Change of work location
• Underperformance
• Access to training
• Access to leave
• Negotiations for a part time work or regular hours agreement
• OHS

This representation can be in the form of support or advocacy. Your local CPSU delegate is entitled to be released from duties for a reasonable amount of time to help you and to attend meetings between you and the ATO. If you think a situation is arising where you might need a representative, contact your CPSU delegate or call CPSU on 1300 137 636.

If you find yourself in a meeting with your team leader or manager and they raise an alleged performance or misconduct issue, or something else you should have time to prepare for, ask to postpone the meeting. Only continue with the meeting when:

• You know what the meeting is about
• You’ve had an opportunity to prepare for it and
• You are properly represented.

Key points to remember

• You are entitled to be adequately consulted at work and you are entitled to expect the ATO to follow the GEA.
• You are entitled to representation from CPSU on issues that affect you, individually or as part of a group.
• The earlier you talk to CPSU about a work-related issue, the better the potential outcomes are.

Join CPSU

CPSU exists to make a positive difference to members’ lives. Collective strength gives us the power to defend your rights at work. To join CPSU, see your workplace delegate for an application form, join securely online here or call 1300 137 636.