7/28/2019 C2013 4832 and 4844 and 4860 - Statement and Recommendation.pdf

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STATEMENTAND RECOMMENDATION

Fair Work Act 2009

s.739 - Application to deal with a dispute

Communications, Electrical, Electronic, Energy, Information, Postal,

Plumbing and Allied Services Union of Australia

v

Ergon Energy Corporation Limited(C2013/4832)

AND

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries

Union" known as the Australian Manufacturing Workers' Union (AMWU)

v

Ergon Energy Corporation Limited

(C2013/4844)

AND

Queensland Services, Industrial Union of Employees

v

Ergon Energy Corporation Limited(C2013/4860)

DEPUTY PRESIDENT ASBURY BRISBANE, 24 JUNE 2013

Application for FWC to deal with dispute under Ergon Energy Union Collective Agreement

2011.

[1] Applications have been made by the AMWU, ASU and CEPU (the Unions) unders.739 of the Fair Work Act 2009 seeking that the Fair Work Commission deal with a dispute

with Ergon Energy Limited in accordance with a dispute procedure under the Ergon Energy

Union Collective Agreement 2011 (the EEUCA).

[2] The dispute relates to a series of meetings Ergon proposes to conduct with employees,commencing on 25 June 2013, in relation to a number of Recommendations contained in the

Electricity Network Costs Review Final Report.

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[3] The Unions sought that the meetings be deferred on the basis that Ergon has notcomplied with obligations under clause 13.2 of the EEUCA with respect to consultation in

relation to major change. Ergon does not accept the contention of the Unions.

[4] At a conciliation conference conducted by the Commission, Ergon stated that it hasbeen directed by the Queensland Government to consult with its employees in relation to the

Recommendations. Those Recommendations have been in the public arena in draft form,

since November 2011.

[5] Ergon has not made a preliminary decision to implement any change, and the purposeof the meetings is to provide information to employees about the Recommendations, and to

obtain the feedback of employees.

[6] The process currently being undertaken by way of the scheduled information sessions,is for the purposes of complying with that direction. The information sessions are not

consultation for the purpose of clause 13.2 of the EEUCA, and those provisions have not been

enlivened, due to the fact that no preliminary decision to implement change has been made.

[7] Ergon further states that it is alert to consultation obligations under the EEUCA andintends to engage in consultation to meet those obligations, in the event that a preliminary

decision is made arising from the Recommendations.

[8] In light of the statements made by Ergon about the nature of the information sessions,I do not accept that there has been any breach of consultation obligations under the EEUCA

and I am of the view that there is no basis for the Commission to recommend or direct that the

information sessions be deferred. I am also of the view that it is not practicable to delay thestart of the information sessions, given that arrangements have been made for employees to

attend them and to defer the sessions will disrupt those arrangements.

[9] I am also of the view that the parties should conduct discussions on Tuesday 25 June2013, in relation to the following matters:

The content of the information package to be delivered to employees; Mechanisms to involve Senior Delegates and Deputy Delegates in the information

sessions, particularly those that are to be conducted in remote areas; and

The manner in which consultation will occur in the event that a preliminary decision ismade to implement a major change, arising from the Recommendations.

DEPUTY PRESIDENT

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