One of the main issues identified by PPS prior to the start of bargaining was the potential for over-muster problems and the need to address them in an agreed manner. Whilst we share their concerns in this area and are equally keen to identify mutually acceptable solutions, we will not tolerate breaches of the current agreement in this area!

Accordingly, I was extremely disappointed to find that our agreed muster for Christchurch Women’s Prison was recently exceeded without due process. My follow-up discussions indicate that this apparently occurred more as a result of ignorance of the applicable procedure than a desire to circumvent the system. However, given the fact that such occurrences could compromise the rapidly-approaching CEA negotiations, I am sending out a timely reminder of CANZ policy in this area.

The Maximum Operating Capacity that applies to your institution is part and parcel of the agreed terms and conditions documented in the current Collective Employment Agreement. On each and every occasion that PPS wants to discuss a variation of the agreed capacity, the following steps must be followed:

1. Advise the CANZ National Secretary, who will, in turn, advise the appropriate National organiser and Executive Member.

2. Site delegates are to be engaged by local management for the purpose of discussing any actual or perceived muster problems.

3. PPS representatives will outline the problem the circumstances that give rise to the problem and the proposed solution.

4. CANZ delegates will consider the proposal, identify and assess impact on staffing levels and any other issues (Health, Safety, Security, additional amenities etc.) that need to be considered.

5. The parties attempt to negotiate a mutually acceptable solution to the problem.

6. Any recommendation for variation must be ratified by the affected parties (institutional staff) before an agreed variation can be implemented.

7. All issues pertaining to the proposal (staffing levels, extra amenities, applicable timeframes etc.) must be included in the documented proposal.

8. All variations must be verified by the National Organiser with delegated responsibility for that institution prior to sign-off and implementation (reality/safety check!).

Any attempt to vary the agreed Operating Capacity – or any other terms and conditions of employment – without following the above process will be deemed to constitute a breach of the CEA and addressed accordingly. Any attempt by Site Management representatives to vary the terms of the CEA via the establishment of “in house” local agreements will be regarded as such a breach!

If you are experiencing muster problems in your institution, please ensure that the above process is followed. If you have any problems, or would simply like some assistance or advice in respect of the above process, please do not hesitate to contact the National Organiser for your institution.

As indicated previously, muster problems are imminent in most Regions and are already apparent in some. Given the fact that we will be trying to address these issues during bargaining, it probably couldn’t have come at a worse time. However, unless or until new site/regional agreements are developed and implemented, we must continue to enforce the provisions of the current CEA.

Bargaining for the new Collective begins in earnest on Wednesday 4 June and it is probably appropriate that the issue of muster blow-outs is addressed as a priority. In the meantime, however,

Stick to your guns and support your delegates!

Regards,
Brian Davies
National organiser