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Staff at the Department of Industry, Innovation and Science will on Friday begin a vote that could end with a 2 per cent annual pay rise over the next three years, but in an unusual turn of events, they aren't voting up a new enterprise agreement. Last month staff were told the department was considering using a little-known clause in the Public Service Act that allows secretaries to make a determination about pay and conditions, as long as it doesn't reduce the benefit of employees. Industry secretary Heather Smith could use the avenue, which is usually used to alter conditions for employees affected by the machinery of government changes, to avoid a protracted bargaining process before voters head to the polls for the next federal election expected in May. While a vote from staff isn't required for a determination to be made, the department is hoping for a response rate of more than 65 per cent, and for more than 50 per cent of votes to be in favour of the determination to go ahead with the plan. From Friday until Wednesday, October 31 staff will be asked through a survey to choose between a bargaining process between the union and the department or the determination, with the union advising staff to choose bargaining. If the determination was to go ahead, the department's current bargaining agreement, set to expire on April 9 next year, would continue with 2 per cent annual increases to salary and allowances. The increase is the maximum allowed under the government's workplace bargaining policy. "If employees indicate that they would prefer to use a determination rather than bargain for changes to the enterprise agreement then no changes would be intended to be made during the next three years," a department spokesman said. The department didn't explain why the determination option is being explored and staff have been confused about what a determination would mean for the pay and conditions. While the department said the public sector union was consulted, the union has warned against the plan. "Staff in the Department of Industry, Innovation and Science should have the final say on their pay and working conditions through a formal enterprise bargaining process. A determination from the secretary takes pay and conditions out of the hands of workers and the Fair Work Commission," Community and Public Sector Union national secretary Nadine Flood said. The union said bargaining had become dysfunctional under the government's restrictive policy, and they want more than the 2 per cent increases on offer. "There are limited circumstances where an agency head issuing a determination may be appropriate. These workers absolutely deserve a quick and pain-free pay rise, but 2 per cent a year just doesn’t cut the mustard when Australia is continuing to struggle with stagnant wage growth," Ms Flood said

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