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

[2013] FWC 9632

[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

<Price code A, PR545457 >