Macquarie Generation v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2013] FWC 684

[2013] FWC 684

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.240 - Application to deal with a bargaining dispute

Macquarie Generation
v
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; CPSU, the Community and Public Sector Union; The Australian Workers' Union; Australian Institute of Marine and Power Engineers; Construction, Forestry, Mining and Energy Union; "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU); Association of Professional Engineers, Scientists and Managers, Australia.
(B2012/1632)

DEPUTY PRESIDENT HARRISON NEWCASTLE, 30 JANUARY 2013

Application to deal with bargaining dispute

[1] These proceedings arose as a result of an application by Macquarie Generation on 24 September 2012 pursuant to s.240 of the Fair Work Act 2009 (the Act) seeking assistance to deal with a bargaining dispute.

[2] The application advised that the parties had been in negotiations since January 2012 and that over the course of 16 meetings, up to the time of the application, significant disagreement remained.

[3] The application particularised a range of issues which separated the parties, not the least of which was application of the NSW Public Sector Wages Policy to the negotiations.

[4] The application sought:

“Macquarie Generation respectfully requests that this matter be urgently allocated to the Newcastle office of Fair Work Australia, to the attention of his Honour Deputy President Harrison due to:

• the significant number of parties involved inthe Application, most of whom are located in the Newcastle and Hunter Region; and

• the extensive knowledge of his Honour of the business of the Applicant and the items in dispute.



With respect to the date of listing for the matter, Macquarie Generation has a two-day enterprise agreement negotiating workshop scheduled for this Thursday 27 September 2012 and Friday 28 September 2012 at the South Newcastle Rugby League Club (Windsor - Terrace Room) at 46 Llewellyn Street, Merewether. The Applicant respectfully requests and would be greatly appreciative if, due to the large number of participants in the bargaining process, his Honour is available to attend at these premises for the purpose of any conference between the parties (preferably on Friday but otherwise, on Thursday).”

[5] In support it was put:

“Imminent Potential for Escalation of Dispute in the Bargaining Process

2.13 Macquarie Generation is of the view that there is a real and imminent risk that the effect of the culmination of:

(a) Aspects of the Proposals (namely, wage increases and productivity improvements) being constrained by the Wages Policy;

(b) The announcement of the results of the Protected Action Ballot likely coinciding with the Workshop (and the potential imminence of protected industrial action, in the event the Ballot is successful); and

(c) Various other matters currently not in agreement between the parties (see 3, below)

will be to result in escalation of a dispute about the 2012 Agreement which the Bargaining Representatives have been and will be unable to resolve.

2.14 Macquarie Generation has been informed by the Respondent Union Bargaining Representatives that they intend to conduct a mass meeting with employees at lunch time on 3 October 2012 to discuss the Proposals and the outcome of the Protected Action Ballot.

2.15 Accordingly, Macquarie Generation respectfully requests the assistance of Fair Work Australia to facilitate the Communication process and conciliate any situation of potential or actual dispute between the Bargaining Representatives.”

[6] The consequence of protected industrial action was publically considered to be the loss of electricity to more than 500,000 homes across New South Wales.

[7] The matter was allocated as requested in the application.

[8] The protected action ballot endorsed the proposed industrial action.

[9] The negotiation workshops planned for 27 and 28 September 2012 took place and industrial action did not occur.

[10] The negotiations were attended by over 25 bargaining representatives and advisers, being both Union officials and industrial nominees; and management representatives.

[11] The issues, which may be described as broad ranging and complex, were advanced in an earnest and responsible manner by all parties, involving a fresh and open exchange of information with attention to both detail and policy matters.

[12] All of the bargaining representatives are to be congratulated for their efforts on behalf of their constituents and for the outcome achieved.

[13] Management, led by Ms Sharon Howes, provided all detailed information sought with transparent analysis of available data.

[14] Mr McPherson of Unions NSW provided a valuable co-ordination role for the bargaining agents which materially assisted the negotiation process.

[15] A further four full day workshops took place with the assistance of the Fair Work Commission (FWC).

[16] In addition to the six sessions which took place under the auspices of the Commission, the parties engaged directly in multi-layer negotiations and communications, either in preparation for or as a consequence of the formal negotiation sessions.

[17] This process resulted in an agreement, which then proceeded through the enterprise agreement approval process of the Act, culminating in a Decision by Commissioner Stanton approving the Macquarie Generation Enterprise Agreement 2012 on 8 January 2013 (AE899087  PR532971).

[18] The proceedings in this matter are now concluded.

DEPUTY PRESIDENT

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