Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Ausgrid Management Pty Ltd T/A Ausgrid

[2018] FWC 6618

[2018] FWC 6618

FAIR WORK COMMISSION

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
Ausgrid Management Pty Ltd T/A Ausgrid
(C2018/5619)

DEPUTY PRESIDENT SAMS SYDNEY, 26 OCTOBER 2018

Dispute about a matter arising under the enterprise agreement and the NES – dispute as to the form of notice required in respect to taking personal leave – when it is reasonable to require an employee to telephone AusGrid to give notice – recommendation made.

[1] The Fair Work Commission convened a conference in this matter earlier today. The subject of the conference was to deal with a dispute between the parties about the notice and evidence requirements for employees of AusGrid, in certain parts of the business, when they are taking personal/carers leave in accordance with the AusGrid Enterprise Agreement 2018 and the National Employment Standards (the ‘NES’).

[2] The preference of AusGrid is that a phone call be made by an employee in respect to the notification of personal leave, unless it is not possible to do so, in which case other forms of notification will be accepted, such as an SMS message or an email. The Union’s position is that employees are to notify AusGrid by telephone, unless it is inconvenient to do so.

[3] Following the conference, and pursuant to s 739 of the Act, I recommend the following information be provided to employees:

The preference of AusGrid is that a phone call be made by an employee to their Supervisor/Manager in respect to the notification of personal leave, unless it is inconvenient to do so, in which case other means of notification will be accepted, such as a text message or email.

[4] The parties are to advise the Commission by 4pm on 30 October 2018 if this recommendation is accepted, as settlement of this dispute. In the event the recommendation is not accepted, or otherwise not resolved by the parties, the Commission will issue directions for arbitration of the dispute.

DEPUTY PRESIDENT

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