Agenda item

This report updates the committee on the progress in relation to the discussions with the trade unions on coming out of the national agreement for pay, terms and conditions.

Discussion:

This report provided details of the ongoing discussions between the Council and the trade unions regarding the proposal for Medway Council to come out of the national agreements for pay, terms and conditions. The Committee had previously agreed on 13 September 2012 for officers to continue discussions with the trade unions to reach agreement on the proposal. Discussions took place during September and October during which the Council offered a three year guarantee not to cut pay and terms and conditions in return for the trade unions signing a collective agreement to come out of the national agreement. The Committee considered a report on 30 October 2012 where it noted the position and agreed that officers should commence formal consultations to come out of the national agreement whilst continuing to negotiate with the trade unions.

The report stated the outcome of the ballots for the trade unions was not known at the point of the agenda despatch for this meeting. The Assistant Director, Organisational Services, reported that GMB, UNISON and UNITE members had not voted in favour of the collective agreement, therefore, a collective agreement had not been reached with the trade unions. She advised that, subject to Committee approval, it would be necessary to undertake formal individual consultation with staff on the proposal to come out of the national agreements for pay, terms and conditions, the outcome of which would be reported to Full Council on 21 February 2013. She stated that should Full Council agree the proposal to come out of the national agreements for pay, terms and conditions, Medway’s local conditions would mirror national terms and conditions (not including pay) for three years. She also referred to a letter from NAHT regarding the proposals for schools based staff, which was tabled at the meeting. The Assistant Director stated that following legal advice, the Council proposed to include these staff in the consultation given there was a level of risk regarding the possibility of equal pay claims against the Council should schools based staff not be subject to local pay, terms and conditions.

Members discussed a number of issues including the arrangements in place for discussions with the trade unions during the 90 day formal consultation period, the arrangements for individual consultation, timescales, the role of Employment Matters Committee, and the impact of including schools based staff in the consultation.

The Assistant Director, Organisational Services, stated that the Council would continue to hold discussions with the trade unions and that a collective agreement could still be signed prior to Full Council on 21 February 2013, that staff would receive a letter regarding the individual consultation and this would be supported by staff meetings/roadshows and that the individual consultation period was likely to run to the end of January 2013. She stated that the Employment Matters Committee would consider the consultation responses and that either the next meeting (scheduled for 16 January 2013) would be moved or an additional meeting added to facilitate this. She stated that whilst almost all secondary schools were academies (and separate to the Council), it was proposed that those schools where the Council was the employer, would be included in the proposals.

Decision:

1. The Committee noted that a collective agreement had not been reached on the proposal to come out of the national agreements for pay, terms and conditions.

2. The Committee noted that the Council commenced formal collective consultation with the trade unions to come out of the national agreements for pay, terms and conditions on 20 November 2012.

3. The Committee asked officers to commence formal individual consultation with staff (including schools based staff where Medway Council is the legal employer) to come out of the national agreements for pay, terms and conditions

4. The Committee noted that the outcome of formal consultation with staff and trade unions will be reported to Full Council on 21 February 2013 to enable final consideration and decision on the proposal to come out of the national agreements for pay, terms and conditions.

5. The Committee asked officers to ensure that the Employment Matters Committee has an opportunity to consider the consultation responses prior to final consideration at Full Council on 21 February 2013.