Public Service Association South Australia Incorporated CPSU … CPSU (SPSF) Group SA Branch... ·...

Public Service Association South Australia IncorporatedCPSU (SPSF) Group SA Branch

POLICY DOCUMENT

Policy No: 1.1.2

Title: Governance Policy

Business Unit: Whole of Organisation – both State and Federal Entities

Category: STRATEGIC - Governance Policies

Users: All Elected Officials and employees

Responsible Officer: General Secretary/Branch Secretary

Version No.: 12

Date Created: 11 September 2018

Approved by Council: 19 November 2018

Review Date: November 2019

Publishing: PSA Intranet ONLY

1. INTRODUCTION

The CPSU (SPSF) Group SA Branch and the PSA are dynamic organisations focussed on theneeds and aspirations of members throughout South Australia as the principal trade unionsrepresenting workers who provide community services to South Australians.

The Public Service Association takes the leading role in the amalgamated organisation.Therefore, the Public Service Association sets the strategic goals that apply to bothorganisations.

The strategic goals are to:

Grow the Association’s capacity to influence Defend a world class, well resourced SA public sector Be the premier advocate for PSA members and the SA public sector Protect and enhance PSA members’ working conditions and entitlements Ensure the long term sustainability of the Association

Rule 2 of the Public Service Association’s Constitution and Rules sets out who can be a member of the PSA.

Elected officials, councillors and all employees of the Public Service Association South AustraliaInc. and CPSU (SPSF) Group SA Branch must adhere to this policy.

2. DEFINITIONS

Association means the CPSU (SPSF) Group SA Branch and the Public Service Association ofSouth Australia Incorporated. If the term Association relates specifically to the Public ServiceAssociation of South Australia Incorporated, then the clause will make that clear.

PSA and CPSU (SPSF) Group SA Branch - Governance Policy 1

Rule means the Rules of the Public Service Association of South Australia Incorporated, Constitution and Rules. Any reference to the rules of the CPSU (SPSF) Group SA Branch will be clearly stated.

Elected Official means the President, Vice Presidents, General Secretary, Assistant General Secretary and all elected Councillors of the Association.

3. PSA PURPOSE

(Public Service Association of South Australia Incorporated Constitution and Rules – Rule 3)

“The objects of the Association shall be:

(a) To represent, act for, provide assistance to and secure preference for members in anymatters connected with their callings and their employment.

(b) To encourage and promote membership of the Association.

(c) To promote the status, training, qualifications and advancement of members.

(d) To regulate the conditions under which members of the Association may be employed.

(e) To mediate in regard to, reconcile and settle disputes affecting members.

(f) To establish a newspaper or magazine in the interests of the Association.

(g) To provide legal assistance for members where necessary.

(h) To provide means for combined action in matters affecting members.

(i) To raise, receive, disburse, use and invest funds in carrying out the objects of theAssociation.

(j) To promote the welfare and social enjoyment of members and establish social andirecreational facilities and sports clubs’ activities.

(k) To acquire and dispose of, borrow upon and encumber property (real and personal) inpursuing the objects of the Association.

(l) To co-operate with other industrial organisations where deemed advisable.

(m) To affiliate as deemed advisable with any organisation whose objects are not contrary tothese objects.

(n) To raise funds otherwise than by levy for charitable purposes and to assist in theattainment of charitable objectives.

(o) To provide opportunities for investment by or financial assistance to members and their


families.

(p) The Council may offer financial assistance or other forms of assistance to any person(including that person’s family) who has ceased to be a member of the Association.

(q) To take all necessary steps to assist the Community and Public Sector Union SPSF Group(SA Branch) or its successor.”

4. ORGANISATIONAL GOVERNANCE FRAMEWORK

The Constitution, rules, by-laws and legislation regulate how the Association is governed andoperated. The Constitution and Rules of the Association are registered with the SouthAustralian Industrial Relations Commission and the CPSU (SPSF) SA Branch rules areregistered with the federal Fair Work Commission (FWC) and the Registered OrganisationsCommission (ROC). The SPSF Group rules are set-out in Chapter C of the CPSU rules.Registered organisations are also subject to regulation of the Registered Organisations Act (ROAct). Two regulators, the FWC and the ROC, are established by the RO Act.

The Association must comply with all relevant legislation. This legislation includes the following:

The Fair Work Act 2009 The Fair Work (Registered Organisation) Act 2009 Public Sector Act 2009 and Regulations The Equal Opportunity Act 1984 (SA) The Superannuation Guarantee (Administration) Act 1992 The Superannuation Guarantee Charge Act 1992 The Work Health and Safety Act 2012 The Commonwealth Electoral Amendment Act 2016 The Workplace Gender Equality Act 2012 The Commonwealth Privacy Act 1988

This policy document needs to be under constant review in order to ensure it remains up to dateand relevant. It is the responsibility of the General Secretary to ensure that the Governance Policy clearly reflects all the governance responsibilities of the Association.

5. PSA COUNCIL

Rule 5

The whole management of the business and the control of the Association shall be vested inthe Council, which in addition to the powers and authorities contained in the Association’s rulesexpressly conferred upon it, may exercise all such powers and do all such acts and things asmay be exercised or done by the Association, and are not required to be exercised or done bythe Association in a General Meeting.

Rule 6 of the Constitution and Rules sets out the power of the Council.

The Council has a role in setting behaviours expected of employees to support good


governance and monitor the effectiveness of the Association’s governance practices.

The Council has a responsibility to evaluate the effectiveness of the Association in meeting the goals set-out in the Strategic Plan. The Council may identify weaknesses in performance and determine the training and development required to support employees and elected officials.

6. COUNCIL GOVERNANCE

6.1 Election of General Secretary, Assistant General Secretary, Councillors and otherofficers

Rule 7 of the Association’s Constitution and Rules refers the election of General Secretary, Assistant General Secretary and all Councillors to the CPSU (SPSF) rules. Rules 9(a), 10, 10A, 11, 12, 13, (14 has been deleted) 15, 16, 16A, 16B, (17 and 18 have been deleted), 19, 20, 21, 22, 23, 23A, 24, 25 and 26 of the Association Constitution and Rules do not have application.

Rule 17 of the CPSU Chapter C – SPSF Group Rules sets out the process for conducting the election of Branch Officers and Delegates to Branch Council. Rule 7 of the Association’s Constitution and Rules states that no separate election shall occur for Officers or for members of the Council of the Association. Therefore, Rule 17 of the CPSU Chapter C - SPSF Group Rules apply.

“The General Secretary and Assistant General Secretary are elected for a four year term by secret postal ballot of the whole of the financial membership of the Branch. Rule 17.1 and 17.2 state who is eligible to nominate and stand as candidates for election. The Australian Electoral Commission is responsible for ensuring that candidates meet the eligibility requirements.

Councillors are elected for a four year term by secret postal ballot of the electorate from which he or she is eligible to stand for election.

The President, Vice Presidents and Branch Treasurer are elected for a four year term by secret ballot by and from the Council.”

6.2 Committees of Council

From time to time the Council will form Committees of Council to undertake specific work of Council. These Committees will under-take the work as requested by Council, develop recommendations when appropriate, to be referred back to Council for a formal decision.

7. ROLE OF GENERAL SECRETARY

Rule 30 of the Constitution and Rules states:

“The General Secretary, as Chief Executive shall:

(a) Be the registered officer of the Association.


(b) Attend all General Meetings and meetings of the Council and Executive.

(c) Attend to and keep a copy of all correspondence.

(d) Keep minutes of all meetings and records of other business transacted by theAssociation.

(e) Convene all General Meetings and summon members of the Council and Executive to allmeetings.

(f) Keep a register of all members of the Association.

(g) Conform to all the requirements of the Association Incorporated Act 1985 or otherlegislation required to be observed by the Association.

(h) Keep all books and records of the Association and in particular:

(I) have the charge and custody of all current receipts of money belonging to theAssociation and ensure the prompt payment of such monies into the appropriatefinancial institution account of the Association.

(ii) Keep a correct account of all monies received and expended.

(iii) Ensure all payments are made by electronic transfer, cheque or petty cash.

(iv) Produce any books and records for inspection at all reasonable times whendemanded by the Council or auditors and supply such information to the Treasurerregarding financial matters as the Treasurer may require.

(I) Discharge all such other duties and services as may be assigned to them by the Councilor Executive.

(j) Not pay, lend or otherwise appropriate any of the funds of the Association for any causeor purpose whatsoever unless so authorised by the Council.

(k) Not make any disbursement directly out of monies received before being paid into thebank.

The General Secretary has specific responsibilities set out in the Fair Work (Registered Organisations) Act 2009, Part 2, Sections 172 (1), 230 – 235 regarding the keeping of the register of members of the Association.

The General Secretary must:

remove non-financial members from the register of members within 12 months of the dateon which they had been non-financial for 24 months;

register the name and postal address of each person who becomes a member, within 28days after the period of becoming a member;


keep a copy of its register of members as it stood on 31 December in each year. Thisrecord must be kept for a period of 7 years after the 31 December of the year concerned.

In addition the General Secretary is to:

act in good faith in the best interests of the Association, abide by and enforce theAssociation’s Constitution and Rules;

abide by the PSA Governance Policy, ensuring the Association complies with PSACouncil’s endorsed policies and procedures and is reviewed on an annual basis;

abide by the PSA Strategic Plan; declare and avoid any conflicts of interest; undertake regular training to maximise knowledge, experience and qualifications to the

betterment of the organisation; keep informed of current and pending changes to legislation relevant to the role; monitor succession management within the organisation to ensure the attraction and

retention of employee with the skills, knowledge and abilities to service the members.

8. ROLE OF ASSISTANT GENERAL SECRETARY

The Assistant General Secretary shall act for and during the absence of the General Secretary.

9. ROLE OF PRESIDENT

As set out in Rule 28 of the Constitution and Rules:

(a) The duties of the President shall be to preside at all General Meetings and meetings ofthe Council or Executive and preserve order at the meeting, and when the minutes havebeen confirmed, sign the Minute Book in the presence of the meeting.

(b) The President shall enforce the rules and by-laws, and have control of meetings at whichthey preside, and shall use all necessary power to secure and enforce order and of themembers attending.

(c) The President shall conduct all meetings in accordance with the standing ordersdetermined pursuant to these Rules.

(d) The President shall be ex-officio a member of all committees appointed by the Council.

(e) In all matters of urgency the President shall act in conjunction with the General Secretary.

(f) In the event that the General Secretary is unable or not willing to convene a GeneralMeeting, Council or Executive and summon members of Council and Executive to such ameeting, the President shall convene and summon accordingly.

(I) The General Secretary must be notified immediately of all such meetings called bythe President.

(ii) Such meetings must comply with the rules for notifying members.”


10. ROLE OF VICE PRESIDENTS

As set out in Rule 29 of the Constitution and Rules:

The duties of the Vice-Presidents shall be to preside over meetings and perform the duties of the President in their absence, and to assist in preserving order.

Should the President and the Vice-Presidents be absent, the members at any meeting shall elect a Chairperson from among themselves who shall have the full powers of the President for that meeting.

Council shall assign to a particular Vice-President the specific responsibility for representing theinterests and needs of country members.

11. REMUNERATION

General Secretary

The role of the General Secretary equates to that of a Chief Executive Office in Government employed on an Executive contract pursuant to the Public Sector Act, or managing a privately owned medium sized company. The role also equates to the role of a board Director. As such the General Secretary carries personal liability and ultimate control, oversight and management of the Association. The General Secretary is paid in line with the classifications set out for the South Australian Executive Service.

Assistant General Secretary

The Assistant General Secretary’s remuneration is in line with the SA Wages Parity Enterprise Agreement.

Employees

The Association is committed to a fair and transparent remuneration structure for all employees.For appointed employees the PSA provides remuneration in accordance with a Staff Agreement. This agreement adopts the classification and administrative salary structure and allrelevant conditions of employment contained in the South Australian Modern Public Sector Enterprise Agreement: Salaried 2017 and any subsequent negotiated public sector wide administrative agreement.

For elected officials remuneration is in accordance with employment agreements. All remuneration will be outlined in the letter of appointment to the employee upon entering employment with the Association.

12. INDUCTION AND TRAINING

The PSA is committed to offering a high quality induction and orientation process for new employees. This induction process will provide clear information about office procedures,


organisational values and key resources for employees. Such information will assist in supporting new employees to contribute to the union and to assist the PSA to meet strategic and organisational goals.

A new employee’s manager is responsible for developing an induction and orientation program to meet the needs of the new employee and sending an email to existing employees, introducing the new employee. The induction will take place within the first week of employmentand will include:

A tour of the building and introduction to the General Secretary and employees in key workareas.

Scheduled briefings if applicable in their work area. If required, formal training. Administrative and IT support. Introduction to the Association’s policies and forms.

13. FINANCE, RISK MANAGEMENT AND AUDIT

Rule No 6 and Rule 30 set out specific financial policies and procedures, adhering to the requirement of the Fair Work (Registered Organisations) Amendment Act 2016 and its regulations.

The Association has a fiduciary and statutory obligation to ensure members’ funds are expended efficiently and effectively in the best interests of those members. (Policy No. 1.2) TheAssociation has a clear and demonstrated commitment to prudent financial management demonstrated by providing detailed financial reports to the monthly meetings of Council for acceptance or otherwise. Annually, Council develops a financial strategy and budgets and this information is made available to members by way of the Association’s website.

Council consider and approve annual budgets with expenditure based on the vision and goals which set out priorities for the year ahead.

Council receives monthly reports that include current details of assets, income and expenditure,payments for amounts over $10,000 and membership figures.

Auditors come from an external audit firm and are appointed annually. In line with the requirements of the RO Act, no auditor within a firm can be appointed more than 5 consecutive years. Auditors are appointed at the Annual General Meeting of the Association.

The annual report, containing audited financial statements and a report by the external auditors is placed on the Association’s website and made available to all members. The annual report isformally presented to members at the Annual General Meeting.

The external audit process ensures that financial policies and procedures are properly applied and are regularly reviewed and updated.

The Association has a comprehensive documented set of policies and procedures governing the management of union funds.


14. DELEGATIONS

A formal delegation policy, (Policy No. 1.1.7) setting out delegated authority is a dynamic document, under constant review. Formal delegations are defined and the policy is available to all Councillors and employees.

The Delegation Policy should be read in conjunction with the Governance Policy.

15. RISK MANAGEMENT

The detailed risk management policy (Policy No. 1.1.6) and assessment tool are dynamic documents, regularly reviewed and updated by senior management. These documents are provided regularly to Council for review and noting. The risk assessment tool is assisted by a comprehensive ROC compliance kit. This too is regularly updated to ensure that any new ROC regulations are adopted and responded to in a timely manner.

16. CODE OF CONDUCT

The General Secretary, Assistant General Secretary, President, elected officials and employeesof the Association are expected to observe the highest possible standards of behaviour, ethics and integrity in all dealings with members, each other and the wider community. (Policy No. 1.1.4).

Elected officials and employees will make all decisions with the PSA’s best interest in mind, andwill not allow personal interests or inducements to influence decision making.

Elected Officials and employees are bound by, and will respect, the Association, the decisions of the Association and the PSA rules, polices and procedures.

17. CONFLICT MANAGEMENT

At the commencement of each meeting under the Constitution and Rules of the PSA, the Chair shall ask for any conflict of interest (Policy No.1.1.3) with the agenda to be declared. This is in line with the expectations of The Fair Work (Registered Organisations) Act 2009, Division 2 – Disclosure obligations and restrictions on taking part in making decisions. All conflicts of interest are to be declared.

In addition, an elected official with an ongoing conflict, potential conflict or perceived conflict shall register the conflict with the Manager Policy and Strategy. The Manager Policy and Strategy will note the ongoing conflict in the Conflict of Interest Register as required by the ROC.

At meetings, once a person has disclosed a real, potential or perceived conflict of interest:

The person will not participate in the meeting or discussion whilst the conflict is reviewed. The Chair will review the conflict and make a decision about how to proceed. If the conflict relates to the Chair then the next most senior person will review the conflict


and make the decision about how to proceed. The affected person can participate in the meeting once the matter has been resolved.

18. COMPLAINT HANDLING

Policy No. 1.1.8 sets out the process for the management of complaints against either an employee or elected official of the Public Service Association of SA and CPSU (SPSF Group) SA Branch. The Complaint Handling Policy is available to all employees and members through the PSA Website.

Complaints must be in writing to the General Secretary, this is to ensure that the Association and employees or elected officials concerned clearly understand the basis for the complaint.

External mediation can be offered if the complainant remains aggrieved following the investigation and response from the Association.

If the complaint against an employee is substantiated, depending on the nature of the complaint, the relevant Manager may utilise the appropriate process which may include the discipline process in accordance with existing conditions of employment.

In the case of a complaint against an elected official of the Association the matter ends with the implementation of recommendations of the external review.

19. GIFTS AND HOSPITALITY

The Association has a detailed Gifts and Hospitality Policy (Policy No. 1.1.5) that applies to elected officials in their role as an elected official of the Association and all Association employees. The policy requires all gifts and hospitality valued over $50 to be reported to the Manager, Policy and Strategy, who will keep a register of gifts.

20. ACCOUNTABILITY

The General Secretary is required to make timely, quality decisions taking into consideration a broad range of factors. In conjunction with Council and senior employees the General Secretary sets broad organisational goals and priorities in order to drive results consistent with Council’s direction and members’ expectations.

The General Secretary drives goals and plans to reflect changing priorities or conditions and applies and encourages strategic risk management practices. The General Secretary plans for the Association’s needs and ensures employees are appropriately skilled and developed to meet the needs of the Association.

21. COMMUNICATION STRATEGY

Rule 3 (f), 6 (g) and 89 require the publication of a regulation journal to be distributed to the members. The PSA publishes the Public Service Review for circulation to all members. This is an official Association publication. The publication is available to members free of charge.


A report by the President and General Secretary of the activities of the Association during the preceding financial year, together with the financial statements for the CPSU (SPSF) SA Branchfund, shall be published in the PSA Review directed to all members and presented at the Annual General Meeting. This is in line with Division 3A of the Fair Work (Registered Organisations) Act 2009.

The Association’s accountant reports to monthly meetings of Council details of assets, income and expenditure, cheques drawn for amounts over $10,000 and membership figures. Annual financial statements are posted on the Association’s website and are available to download.

The Association’s Annual Report is placed on the Association’s website and made available to members on request. This report includes details of the audit process undertaken by the Association.

CPSU/SPSF Chapter C – SPSF Group Rules 24.5 (b), (d) and (e) require the CPSU/SPSF to publish high paid officers and related party payments information in the Branch Annual report and on the Branch or Group website.

22. MAJOR PROCUREMENTS, LEASES OR CONTRACTS

All major expenditure or leases require Council or Executive approval, and for key documents the seal is to be applied as set out in the PSA Constitution and Rules, Rule No. 6 (q), (i), (ii) and (iii).

23. DISCLOSURE OF THE IDENTITY OF SERVICE PROVIDERS

Disclosure of the identity of service providers is made where such identity is material to a fair understand of the Association’s finances.

24. RELEVANT TRAINING FOR OFFICERS AND EMPLOYEES

The Association provides internal training for employees, including training on planning and accountability, grievance handling, code of conduct, conflict of interest. The training program is reviewed regularly to ensure it is in line with requirements of the Fair Work (RO) Act.

25. RIGHT OF ENTRY PERMITS

Employees and elected officials required to enter worksites where members are employed under the Federal jurisdiction are required to have a current Right of Entry Permit. The Fair Work Commission can only issue an entry permit to an official of an organisation if they are satisfied they are a fit and proper person. In deciding whether to issue a permit, the Fair Work Commission must take into account factors such as whether the official has received training about their rights and responsibilities as a permit holder, and whether the official has ever been convicted of an offence against an industrial law.

If an employee member or an elected official ceases their relationship with the PSA then the Right of Entry Permit needs to be returned to the ROC. The General Secretary is responsible


for ensuring there are processes in place to have the Permits returned as soon as practical.

Penalties apply if Permits are not returned.

26. REPORTING INCIDENTS, BREACHES AND ERRORS

Rule 19 Censure Motions

A motion of ‘no confidence’, reprimand, or other form of censure of an officer may be moved at a meeting of Council or Executive provided that:

(a) notice of such motion was given at a previous meeting.

(b) notice of intention, including the substantial details of the allegation, are given in writing tothe office at least 21 days prior to the meeting.

(c) the officer is given adequate time and opportunity to reply to the allegations at the meeting.

A motion of ‘no confidence’ shall be carried only if the votes of two-thirds of those present and entitled to vote, are cast in favour.

27. CPSU/SPSF RELATIONSHIP

The PSU and SPSF amalgamated on 1 July, 1994. In 1995 the PSA of SA and the PSA of SA Inc. signed a Deed with other state public sector unions and the PSU to reflect the formal arrangements for the formation of the Federal CPSU/SPSF.

The Community and Public Sector Union, the State Public Services Federation Victoria, the Public Service Association of South Australia Incorporated, the Public Service Association of South Australia, the State Public Services Federation Tasmania, the Civil Service Association of Western Australia, the Civil Service Association of Western Australia (Inc.), the Victorian Public Service Association Trust are the Signatory Bodies to the Federal CPSU/SPSF.

The Signatory Bodies established a National Officers’ Committee (NOC) to facilitate the formulation of common policies and common positions between the Union and the Signatory Bodies in relation to any industrial or other matter so as to combine the strength of the Union and the Signatory Bodies.

Part 2 of the Deed sets out the arrangements for the establishment of the National Advisory Committee know as “the NAC”.

28. DUTIES OF THE NAC

The NAC’s duties include:

(a) to consider and make recommendations to the National Officers’ Committee (NOC) in relation to:


(i) any matter in respect to which NOC has a duty or power to make a decision and/or to act;

(ii) without limiting the generality of the foregoing, all industrial and policy matters impacting upon both members of the PSU Group and members of the SPSF Group.

(b) to formulate and recommend to NOC plans, policies and strategies to perfect the amalgamation to to facilitate the achievements of its objects.

(c) to cause minutes to be made of:

(i) the names of all persons who become members of the NAC by virtue of the operation of Clause 3 of the Deed.

(ii) the names of members of the NAC present at all meetings of the NAC;

(iii) all proceedings at all meetings of the NAC.

Such minutes shall be signed by the chairperson of the meetings at which the proceedings were held or by the chairperson of the next succeeding meeting.

(d) to act promptly and conscientiously to resolve by means of conciliation any disputes whichmay arise between the Union and any one or more of the Signatory Bodies or between any two or more Signatory Bodies and each of the parties to the Deed hereby acknowledges and agrees that in the event that it is a party to any such dispute, it will:

(i) accept and submit to the authority of the NAC in the first instance to attempt to resolve the dispute by such processes of conciliation between the parties thereto asthe NAC may deem appropriate in the circumstances; and

(ii) at all times negotiate in good faith with the party or parties with which it is in dispute.

29. POWERS OF THE NAC

The powers of the NAC include the following:

(a) Meetings of the NAC may be held together with meetings of NOC.

(b) Meetings of the NAC shall be summoned by the Joint National Secretaries by reasonable prior notice, verbally or in writing, to each members of the NAC.

(c) Meetings of the NAC will occur no less than four times in a year.

(d) The NAC may meet together for the despatch of business, adjourn and otherwise regulateits meetings as it thinks fit.

(e) Questions arising at any meeting shall be decided by a majority of votes calculated in


accordance with the provision of clause 8 of the Deed and a determination by such a majority of votes shall for all purposes be deemed to be a determination of the NAC. In the case of an equality of votes the chairperson of the meeting shall not have a second or casting vote and the question shall be declared lost.

Clause 16 of the Deed sets out the arrangements concerning assets of PSA of SA and PSA of SA Inc. Sub clauses 16 (b) and 16 (c) specifically address assets and financial resources stating that:

“(a) The Union convenants and agrees not to require any asset owned by the PSA of SA and PSA of SA Inc. at the date of amalgamation or income derived from that asset to be transferred to the CPSU/SPSF.

(b) Each of the PSA of SA and PSA Inc. acknowledges and agrees that it has, and will have, nocall on the financial resources of SPSF Group (SA Branch) other than as provided in any arrangements struck pursuant to Clauses 12 Members and Subscriptions and Clause 13 Payment for Services, of the Deed. Financial resources shall include all assets, wherever situated, income from any source, technical and office facilities of any kind, human resources and the use of office premises.

The expression SPSF Group (SA Branch) shall include any successor to that Branch pursuant to the registered Rules of the Union.”

30. REVIEW OF GOVERNANCE POLICY

The General Secretary is responsible for ensuring the Governance Policy is reviewed on an annual basis and the results of the review reported to Council. The review must take into account any changes to legislation and regulations and the PSA Strategic Plan.

The review is to be conducted in the month following Council approval of the annual PSA Strategic Plan.


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