As previously advised, the Fair Work Commission (FWC) notified the business and unions that it sought submissions from the company in relation to the concerns it holds on various aspects of your Agreement. The original deadline for submissions was 28 March, however, the business was granted an extension of this deadline and lodged their submissions on 4 April. The submissions were made on TransGrid’s behalf by Herbert Smith Freehills, the anti-worker law firm that helped draft the WorkChoices legislation.
In its submissions, the business gave the following undertakings:
- In respect of clause 16.5 of the Agreement (absent without approval):
The Employer will not rely upon clause 16.5 of the Agreement to terminate the employment of an employee covered by the Agreement. - In respect of clause 13.6.9 of the Agreement (occupational health nurse):
The Employer will not rely upon the second paragraph of clause 13.6.9 to disentitle an employee to the remaining provisions of the Agreement. - In respect of clause 28.8 of the Agreement (time off for additional time worked):
Time off work that is approved under clause 28.8 will be taken at the equivalent overtime rate. On termination of employment, any time off in lieu that has been accrued under clause 28.8, but remains untaken, will be paid to the employee at the applicable overtime time rate. - In respect of Schedule B of the Agreement (individual employment agreement SP30-34) and Schedule C of the Agreement (individual employment agreement SP35-40):
An IEA under Schedule B or Schedule C will ensure that the affected employee is better off, on an overall basis, when compared to the terms of the Enterprise Agreement.
We will keep the membership updated as things progress.
These undertakings were in addition to a lengthy and technical submission in support of IEAs. We will keep members updated as the matter progresses.
Site visits – itinerary update
The USU will be visiting Orange on the afternoon of Tuesday 1 May, and travelling onward to the Wagga Wagga site on Wednesday 2 May.
We will also be present at the Wallgrove site every second Monday (commencing 9 April) between the hours of 11am and 1pm. It is anticipated all other Mondays will be committed to Ultimo, however, we will confirm these arrangements when they’re made.
Bullying & Harassment
If you have been subjected or witness to bullying and harassment in the workplace, it is imperative you notify your union. The following information is taken from the FWC website.
Bullying at work occurs when:
- a person or a group of people repeatedly behaves unreasonably towards a worker or a group of workers at work
AND - the behaviour creates a risk to health and safety.
Bullying does not include reasonable management action carried out in a reasonable manner.Bullying behaviour may involve, for example, any of the following types of behaviour:
- aggressive or intimidating conduct
- belittling or humiliating comments
- spreading malicious rumours
- teasing, practical jokes or ‘initiation ceremonies’
- exclusion from work-related events
- unreasonable work expectations, including too much or too little work, or work below or beyond a worker’s skill level
displaying offensive material - pressure to behave in an inappropriate manner.
However, in order for it to be bullying the behaviour must be repeated and unreasonable and must create a risk to health and safety.
If you have any questions contact your Organiser Troy Dunne on 0419 403 076 or tdunne@usu.org.au
