Review of further education governance in Scotland

I. Terms and Conditions of Staff

At the end of 2010 the College Sector employed approximately 21,800 staff across 41 colleges and 166 different sites from Stranraer to Lerwick ( though we understand that over 1,000 of these posts have been lost during the course of 2011). As is stated earlier in this report, since incorporation in 1992, colleges in Scotland have evolved 41 sets of terms and conditions for staff. By comparison, in the school sector the Scottish Negotiation Committee for Teachers ( SNCT) sets employment terms and conditions, and since 2006 a national framework agreement has been in place in higher education, in both cases covering all employees. Only the College Sector has collective bargaining devolved to the institution level.

This devolved arrangement has led to significant disparity in the remuneration paid to individuals performing comparable roles in different colleges. The clearest example of this is the salary range for main grade lecturers. The most recent salary survey published by Scotland's Colleges (March 2011) indicates that the top of the lecturer pay scale across colleges ranges from £32,607 p.a. to £36,839 p.a. with a median for the sector of £33,999 p.a.

We believe that as we move towards a regional structure, where part of its ethos and direction is to evolve even further, then the current system of 'local bargaining' on terms and conditions cannot continue.

We are clear therefore that ultimately we need to move towards a system, like all other parts of the education sector in Scotland, where there are national terms and conditions in this sector which apply across Scotland. To do that we may first need to evaluate what exists and create a more regularised framework for how that could operate. Below are more specific details of the above plus our recommendation and a plan to get us there.

As is stated above, a number of representations have been received during the course of this Review highlighting the inefficiency and waste of time and effort inherent within the current "atomised" bargaining arrangements in the FE sector.

The changes to governance envisaged in this report, along with the Government's proposals for structural change outlined in " Putting Learners at the Centre" provide an opportunity to consider afresh the means by which all contractual matters are agreed within the sector.

We are persuaded, therefore, that the FE sector would benefit, in a number of ways, from the re-establishment of a system of national bargaining, covering pay and conditions of service. On this basis we recommend that

Arrangements as set out below are put in place to permit a return to national bargaining within the FE Sector in time-scales outlined below.

The new proposed FE Strategic Forum will establish a new National Committee to permit representatives from the Employers and the nationally-recognised Trades Unions to meet and agree contractual issues covering pay and conditions of service. It is envisaged that, unless agreed otherwise, there would be a Negotiating Committee covering lecturing staff and a further Committee covering support staff. It is suggested that committee be known as "The Scottish Negotiating Committee for Further Education ( SNCFE)".

The timetable for the establishment of the new national negotiating machinery would be as follows, which would form part of the operation and outcomes of the new FE Strategic Forum so that they are tied into the ongoing evolution and change in the sector.

No later than April 2012, the 12 regional groupings will identify at least one representative (from each grouping) to form the Management (Employers') Side of the new Negotiating Committee. The trades unions recognised at national level will elect the Trade Union Side(s) from amongst their members. A number of representatives from the Scottish Government should also be invited to attend meetings of the new committee(s).

No later than December 2012, agreement will be reached on the membership of the Management Side(s) and Trade Union Side(s). Agreement will also be reached on the structure of the Negotiating Committee(s) and the arrangements for respective Management and Trade Union secretariats, and agreement will have to be secured on new Recognition and Procedure Agreement(s).

No later than August 2013, initial agreement will be reached on the mechanisms to secure the phasing of national harmonisation of pay and conditions of service across the sector.

No later than August 2014, final agreement will be secured on national harmonisation of pay and conditions of service, including any final phasing required to implement the national harmonisation of all contractual matters.

The Government should consult with all interested parties at an appropriate time during this process of securing a return to national bargaining, to consider whether additional Government support is required to facilitate and secure final agreement, by August 2014 at the latest.