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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia versus Ausgrid Management Pty Ltd trading as Ausgrid, the Fair Work Commission was tasked with resolving a dispute regarding the form of notice required for employees to take personal leave. The union argued that employees should not be required to telephone Ausgrid to give notice of personal leave, while Ausgrid maintained that it was reasonable to expect employees to do so. The dispute centered on whether the enterprise agreement or the National Employment Standards (NES) governed the notice requirements for personal leave.

The legal issues before the Commission were whether the enterprise agreement or the NES set the standard for notice of personal leave and, if the former, whether it was reasonable to require employees to telephone Ausgrid to provide such notice. The Commission needed to interpret the relevant provisions of the enterprise agreement and the NES and determine the reasonableness of the notice requirement in light of the specific circumstances of Ausgrid's operations.

The Fair Work Commission held that the notice requirements for personal leave were governed by the enterprise agreement rather than the NES. The Commission found that the enterprise agreement did not explicitly address the form of notice required for personal leave. However, it did establish a general principle that employees should provide notice of personal leave to their immediate supervisor. The Commission concluded that it was reasonable to require employees to telephone Ausgrid to give notice of personal leave, given the operational needs of the employer and the ease with which such notice could be provided. The Commission recommended that the enterprise agreement be amended to clarify the notice requirements for personal leave, including the acceptable forms of notice.

The Commission made a recommendation that the enterprise agreement be amended to specify the acceptable forms of notice for personal leave, including the option for employees to telephone Ausgrid. This recommendation aimed to provide clarity and consistency in the notice requirements while balancing the needs of both the employees and the employer.

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

RECOMMENDATION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established