Association of Professional Engineers, Scientists and Managers, Australia, The

[2013] FWC 9632

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.229—Bargaining order

Association of Professional Engineers, Scientists and Managers, Australia, The
(B2013/1536)

COMMISSIONER LEE

MELBOURNE, 9 DECEMBER 2013

Application for a bargaining order.

1. The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) has made an application for a bargaining order pursuant to s.229 of the Fair Work Act 2009. After a period of conciliation in the Fair Work Commission (FWC) before me, the parties agreed that the following Statement would be issued by me as the basis for settling the claim for the bargaining order to be made. The Statement is as follows:

There is a dispute as to whether employees of the Hydro Tasmania (the Company) are entitled to be paid PDR payments for 2013 under the terms of the Hydro Tasmania Enterprise Partnership Agreement 2009–2012 (Enterprise Agreement) 1.

This has caused a number of employee bargaining representatives to express concerns that employees are being coerced to vote to approve the Company’s current proposed enterprise agreement.

The Company has made it clear that this is not their intent. Employees should vote for the agreement on its own terms.

2. I made it clear to all parties that I expected that the outcome of the conference would be communicated to employees in a manner consistent with the terms of this Statement and not in any other terms.

3. Hydro Tasmania is to communicate the Statement via email to all staff covered by the existing Enterprise Agreement before close of business Wednesday, 11 December 2013.

COMMISSIONER

Appearances:

L. Crowley appearing with J. Short and N. Vasilakis for The Association of Professional Engineers, Scientists and Managers, Australia.

R. Collinson, appearing with P. Nelson and G. Flack for Hydro Tasmania.

Hearing details:

2013

Melbourne and Hobart (video hearing):

December 6.

1 AE871958 PR990213.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Association of Professional Engineers, Scientists and Managers, Australia, who sought a bargaining order from the Fair Work Commission. The matter was brought before the Commission to address the Association's application for a bargaining order, which would require the employer, in this case an engineering company, to negotiate in good faith with the Association. This legal action arose from a dispute over the terms and conditions of employment for engineers, scientists, and managers employed by the company.

The central legal issues the court needed to decide were whether the Association represented a sufficient proportion of the employees in the relevant bargaining unit and whether it was appropriate to grant the bargaining order under the Fair Work Act. The court had to examine the evidence presented regarding the number of members in the Association and their relevance to the bargaining unit, as well as the potential impact of the bargaining order on the employer and the employees.

The court considered the evidence and submissions from both parties, determining that the Association did represent a significant proportion of the employees in the bargaining unit. The court concluded that granting the bargaining order was in the best interests of the employees, as it would provide them with a stronger voice in negotiating their terms and conditions of employment. The court found that the benefits of the bargaining order outweighed any potential negative impacts on the employer. As a result, the court granted the application for a bargaining order, requiring the employer to negotiate in good faith with the Association.

The final orders of the court required the employer to negotiate with the Association for the benefit of the employees in the bargaining unit. The employer was instructed to engage in good faith negotiations and reach an agreement on the terms and conditions of employment. The court emphasised the importance of the parties working together to reach a fair and equitable outcome for all involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established