Gippsland & Southern Rural Water Corporation T/A Southern Rural Water (SRW) v Southern Rural Water, Ground Water and Rivers - Central Group
[2011] FWA 3120
•19 MAY 2011
[2011] FWA 3120 |
|
DECISION |
Fair Work Act 2009
s.739—Dispute resolution
Gippsland & Southern Rural Water Corporation T/A Southern Rural Water (SRW)
v
Southern Rural Water, Ground Water and Rivers - Central Group
(C2011/4239)
Water, sewerage and drainage services | |
DEPUTY PRESIDENT HAMILTON | MELBOURNE, 19 MAY 2011 |
Alleged dispute under an agreement - Introduction of Best Practice GPS System - Determination Made.
[1] This matter came before me as a dispute filed under s.709 of the Fair Work Act 2009 (“the Act”). The application was initially filed with reference to the Southern Rural Water Collective Agreement 2007. It was agreed by the parties that the applicable instrument is the Southern Rural Water (SRW) Enterprise Agreement 2010 1(‘the Agreement’). Pursuant to s.586(a) of the Act, I allow the amendment of the application with the effect that it be read as being brought under the Southern Rural Water (SRW) Enterprise Agreement 2010.
[2] I have had regard to all the submissions and material put to me.
[3] The parties agreed in hearing before me on 28 April 2011 that the dispute resolution procedure in clause 9 of the Agreement had been complied with, and therefore that Fair Work Australia is empowered to make a determination to resolve the dispute 2.
[4] The respondent, Gippsland and Southern Rural Water Corporation, proposes to introduce a vehicle-based GPS system, in conjunction with a personal GPS system, primarily to assist in protecting the health and safety of its employees, to meet its obligations under relevant occupational health and safety legislation, and in accordance with the Agreement.
[5] The Agreement provides:
‘6.3 Management and staff agree that in order to deliver salary increases and benefits, SRW must continue to maintain flexible working arrangements and focus on best practice opportunities (without shifting the focus to cost savings) to minimise the financial impact upon customers and to maintain security of employment for employees. A series of best practice initiatives and projects to be pursued and implemented during the term of the Agreement are listed as Attachment 1. [underlining added]
...
ATTACHMENT 1 - BEST PRACTICE INITIATIVES
The initiatives and projects to be pursued and implemented during the term of the collective agreement will include but not be limited to:
...
14. Furthering improved customer service and safety using GPS type technology solutions’
[6] The parties agreed that the current proposal of the respondent is ‘best practice’ in accordance with the terms of the Agreement 3. The applicant, the Southern Rural Water, Ground Water and Rivers-Central Group, does not consent to the introduction of a vehicle based GPS tracking system4.
[7] In accordance with the Agreement , I determine that:
(a) The respondent is acting in accordance with its obligations under the Agreement, specifically under clause 6.3, by way of reference to Item 14 of Attachment 1;
(b) The Agreement requires those covered by the Agreement, including the respondent and its employees (clause 2.2), to pursue and implement best practice GPS type technology solutions during the term of the Agreement. The vehicle-based GPS system proposed by the respondent (the ‘Ezy2c’ system) is a best practice GPS system. The respondent and its employees must comply with their obligations under the Agreement by implementing best practice GPS type technology solutions during the term of the Agreement.
[8] As provided by clause 9.8.3, this determination is binding upon the persons bound by the Agreement.
DEPUTY PRESIDENT
1 [2010] FWAA 8845
2 PN165-170
3 PN138-139, 142-147.
4 PN172
Printed by authority of the Commonwealth Government Printer
<Price code A, AE882239 PR509708>
0
0
0