Your Union and Endeavour received correspondence from the FWC relating to your Agreement on Thursday, 24 May. Whilst it wasn’t to advise of its approval, the fact they’ve contacted us now means that ball is finally rolling.
The correspondence reads:
I write in relation to the abovementioned application, which has been allocated to Commissioner Lee for consideration.
The following issues have been identified:
- The agreement signature page does not include the addresses of the signatories. Please provide a revised signature page signed by the employer and an employee or employee representative and include the full name, address and authority of each signatory.
- The agreement does not appear to define or describe a shiftworker for the purposes of the National Employment Standards (NES), as required by s 196 of the Fair Work Act 2009 (the Act). The Electrical Power Industry Award 2010 defines a shiftworker for the purposes of the NES as an employee who works a roster and who, over the roster cycle, may be rostered to work ordinary time shifts on any of the seven days of the week and who is regularly rostered to work on Sundays and public holidays. You may wish to provide an undertaking in relation to this issue.
- The consultation term of the agreement, at clause 5, does not appear to require the employer to invite the views of employees regarding changes to their regular roster or ordinary hours of work, as required by section 205 of the Act. The Commissioner wishes to inform the parties that in the event the agreement is approved the model consultation term will be inserted as a term of the agreement. You are not required to take any action in relation to this issue.
- Clauses 9.2.1 and clause 9.3 of the agreement, which provide for abandonment of employment, appear to remove an employee’s entitlement to notice of termination as provided by the National Employment Standards. You may wish to provide an undertaking in relation to this issue.
If undertakings are to be provided, please ensure they are signed by the Employer. The Commissioner has also asked that you seek the views of any bargaining representatives regarding any proposed undertaking. Any objections to the proposed undertakings should be raised with the Commission prior to the approval of the agreement.
A response to the above is requested as soon as possible, but no later than close of business Thursday 31 May 2018.
Be assured that the identified issues aren’t significant to the extent they delay the Agreement’s final approval; these issues are easily enough addressed and once rectified, will ensure that the approval process is back on track from 31 May at the latest. We will notify members of any significant correspondence from the FWC on the matter of your Agreement as it comes.
Site visits for June
7th – Glendenning
14th – Penrith Pole Yard
21st – Kings Park
28th – Huntingwood*
*the last Thursday of every month is reserved for H’wood to facilitate meetings of your Union official/s and delegates.
