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
Endeavour Energy Network Management Pty Ltd t/a Endeavour Energy
(C2019/1242)

DEPUTY PRESIDENT SAMS

SYDNEY, 25 MARCH 2019

[1] Further to the conference convened by the Commission this morning, I issue the following recommendation:

A. That the voluntary trial of employees utilising Direct Health Solutions to notify Endeavour of their absence on personal/carers’ leave, be extended to 15 May 2019.

B. During this period, the parties are encouraged to engage in general discussions about the matter, including with the exchange of relevant information.

C. Liberty to apply at short notice is granted to both parties.

[2] The dispute notification is otherwise stood over generally.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to intervene in a dispute between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Endeavour Energy Network Management Pty Ltd, trading as Endeavour Energy. The dispute centred on the process for employees to notify the company of their absence on personal or carer’s leave, specifically regarding the use of Direct Health Solutions for this purpose. The union and the company were at odds over the implementation of a voluntary trial involving this notification process, which had been previously agreed upon. The Commission was asked to decide whether to extend the trial period, encourage further discussions between the parties, and to provide liberty to apply at short notice.

The key legal issues before the Commission were whether the trial period should be extended, whether the parties should be encouraged to engage in further discussions, and whether liberty to apply should be granted. The Commission had to consider the implications of extending the trial period on the efficiency and effectiveness of the leave notification process, as well as the potential benefits of encouraging ongoing dialogue between the parties. Additionally, the Commission had to weigh the need for flexibility in the application process against the risk of potential disruptions to the workplace.

The Deputy President of the Commission determined that extending the voluntary trial of employees using Direct Health Solutions to notify Endeavour Energy of their absence was in the best interest of both parties. The Deputy President emphasised the importance of the parties engaging in general discussions about the matter and exchanging relevant information. Furthermore, the Deputy President granted liberty to apply at short notice to both parties, recognising the need for flexibility in the proceedings. The Commission stood over the dispute notification, indicating that further action would depend on the outcomes of the extended trial period and any subsequent discussions.

In summary, the Fair Work Commission recommended extending the trial period until 15 May 2019 and encouraged the parties to engage in discussions about the matter. The Commission also granted liberty to apply at short notice to both parties. The dispute notification was stood over, pending the results of the extended trial period and any further discussions between the parties.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Endeavour Energy Network Management Pty Ltd t/a Endeavour Energy

RECOMMENDATION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established