A QTU GUIDE The professional and industrial voice of Queensland’s teachers and school leaders in state schools and TAFE for more than 130 years. FOR QTU REPS AND SCHOOL LEADERS Consultation: DoE State School Teachers’ Certified Agreement 2019 Teaching in State Education Award - State 2016 Need a hard copy? Order online at www.qtu.asn.au/order-guides This document is issued for general guidance only. It does not constitute professional advice. The issues with which it deals are complex and the document necessarily deals only with general principles. No reader should rely on this document for the purpose of making a decision as to action but should seek the appropriate advice from the Union on the particular circumstances of that reader. The Union accepts no responsibility for the consequences should any person act in reliance on this document without obtaining the appropriate advice from the Union. Contents A: Introduction 1. Consultation and the certified agreement ............................................................................................................4 2. Consultation and the Work Health and Safety Act 2011 (Qld) ......................................................................5 3. Consultation - it’s not a dirty word ..........................................................................................................................6 4. LCC - not just another committee ............................................................................................................................8 B: Resources 5. Basic guide to LCCs (local consultative committees).......................................................................................11 6. LCCs – establishing a work program ......................................................................................................................16 7. Consultation in small schools ...................................................................................................................................18 8. Reaching consensus through consultation .........................................................................................................19 8. Resolving disputes ........................................................................................................................................................20 9. Checklist for workplace reforms ..............................................................................................................................22 10. Workload management ..............................................................................................................................................24 C: Appendices 1. Reference documents for staffing flexibility .......................................................................................................27 2. Reference documents for flexible student free days .......................................................................................30 3. Reference documents for joint statements .........................................................................................................37 4. Reference documents for variation of the standard hours of instruction ...............................................62 5. Meal breaks/bus and playground duty ................................................................................................................64 6. Staff meetings .................................................................................................................................................................70 7. Agreed statement - Initial outcomes of QTU/Queensland Government workload reduction negotiations .....................................................................................................................................................................71 Authorised by Kate Ruttiman, General Secretary, QTU, PO Box 1750, Milton QLD 4064 www.qtu.asn.au 2020 - VER082021 A QTU Guide | Consultation - page 3 Introduction 1. 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. (Part 3 – Department of Education State School Teachers’ Certified Agreement 2019) Summary of key points • The local consultative committee (LCC) is the key mechanism for managing workload. • The LCC needs to be involved in consultation around flexible student free days (SFDs); staffing proposals; bus and playground duty 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 DoE and the Education Consultative Committee (ECC). • Funds allocated for staff must be used for the employment or professional development (PD) of employees. • 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 aspects of the consultation and dispute resolution provisions of the agreement are 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 third last week of Term 3 flexibly, the registering of workplace reforms with the ECC, and the dispute resolution committee at central office. 2021 - VER082021 A QTU Guide | Consultation - page 4 Introduction 2. Consultation and the Work Health and Safety Act 2011 (Qld) Section 47 of the Work Health and Safety Act 2011 (Qld) (the Act), provides that the Department of Education as the person conducting the business or undertaking (PCBU) has a duty to consult, cooperate and coordinate with workers. The Act makes consultation a legal requirement and an essential part of managing health and safety risks. The duty to consult is based on the recognition that workers’ input and participation improves decision-making about health and safety matters and assists in reducing work-related injuries and disease. Such matters include physical and psychosocial hazards to workers. Under section 49 of the Act, consultation is required when: • identifying hazards and assessing risk to health and safety arising from the work carried out or to be carried out, including psychosocial risks. • making decisions about ways to eliminate or minimise those risks • making decisions about the adequacy of facilities for the welfare of workers • proposing changes that may affect the health or safety of workers • making decisions about procedures for consulting with workers; resolving health or safety issues at the workplace; monitoring health of your workers; monitoring the conditions at the workplace under your management or control and providing information and training for your workers. Workplace Health and Safety Queensland’s Code of Practice on Work health and safety consultation, cooperation and coordination (2021) is an excellent document that assists principals and others establish effective proactive consultative mechanisms. Under section 26A of the Act, duty holders must comply with an approved code of practice, unless an industry standard provides an equivalent or higher standard of work health and safety than required in the code. The Code of Practice on consultation advises that it may be useful to also consult workers about matters not listed above. “Regular consultation is better than consulting only as issues arise on a case-by-case basis because it allows you to identify and fix potential problems early.” (p8) Establishing a work health and safety committee that meets regularly, keeps minutes that are shared and has active worker input enacts the duty to consult and can be seen to evidence diligence in planning for and reviewing potential hazards and foreseeable risks. Facilitating elections of health and safety reps for identified work groups is also a proactive step and assists with meeting and managing the duty to consult workers. Resources Worksafe Queensland (links) Code of Practice - Work health and safety consultation, cooperation and coordination (2021) https://www.worksafe.qld.gov.au/__data/assets/pdf_file/0026/72647/whs-consultation-cooperation-coordination- cop-2021.pdf Code of Practice - How to manage work health and safety risks (2021) https://www.worksafe.qld.gov.au/__data/assets/pdf_file/0022/72634/how-to-manage-work-health-and-safety-risks- cop-2021.pdf 2021 - VER082021 A QTU Guide | Consultation - page 5 Introduction 3. Consultation - it’s not a dirty word Consultation is often viewed as a barrier to change rather than a means of achieving positive outcomes for students and members. In reality, however, effective consultation recognises the views of teachers as professionals and can achieve great results. In 2016, schools received a message from the Director-General outlining the need for more local consultative committees (LCC) in schools. However, the mere existence of an LCC does not of itself meet the requirement for members to be consulted on matters pertaining to their working conditions and changes in their workplace. The LCC should be used as a vehicle for consultation. The role of the LCC is to initiate, implement, review and renew/replace/remove changes within a school.