New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union v Endeavour Energy
[2012] FWA 4626
•23 JULY 2012
[2012] FWA 4626 |
|
DECISION |
Fair Work Act 2009
s.739 - Application to deal with a dispute
New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union
v
Endeavour Energy
(C2011/6877)
SENIOR DEPUTY PRESIDENT HAMBERGER | SYDNEY, 23 JULY 2012 |
Equalisation of wages.
[1] During the 2004 Integral Energy Award negotiations, an agreement was reached between the parties to undertake a process of equalising the value of wages of positions at Integral Energy with comparable positions at Energy Australia. This process of equalisation was designed to prevent Integral Energy employees from resigning to take up better paid positions at Energy Australia. Integral Energy is now known as Endeavour Energy, and Energy Australia has become Ausgrid.
[2] The parties decided that if a particular role at Integral Energy was comparable to a role at Energy Australia which was more highly paid, then Integral Energy would amend its pay structure in order to ensure greater consistency in remuneration. The main aim was to align the entry point and maximum pay rate for comparable positions. The number of separate pay points or grades would not necessarily be aligned.
[3] The definition of a "comparable position" was where both Integral Energy and Energy Australia had a position which:
- had the same primary job purpose or function;
- performed similar duties and had similar levels of responsibility;
- required the same/similar levels of skill, experience and qualifications to perform; and
- sat at a comparable level within the organisation's hierarchy.
[4] The analysis was undertaken by classification committees, comprising staff representatives, management representatives and union delegates. The effective date of equalisation was 1 December 2005. Positions equalised beyond this date were backdated.
[5] The dispute before me relates to an allegedly outstanding matter from the equalisation process for the role of Data Import Administrative Officer occupied by Ms Degabriele (née Cordina). The United Services Union (USU) on behalf of Ms Degabriele submits that the role was not ‘openly reviewed’ by the classification committee and that a match existed between the Data Import Administrative Officer and the Meter Translations Officer at Energy Australia. The issue has been raised by the USU with Integral Energy several times since 2006. The matter has been referred to Fair Work Australia for resolution.
Consideration
[6] Based on a statement made by Ms Julie Stevens, who was the Project Officer for the Administrative Classification Committee in 2005/06, I am satisfied that the Integral Energy position of Data Import Administrative Officer was reviewed against the Energy Australia position of Meter Translations Officer. This review included an examination of Energy Australia's position description and a recent advertisement for the role. I am further satisfied, based on the Equalisation Status Document attached to Ms Stevens’ statement, that on 30 March 2006, the Administrative Classification Committee agreed that the two positions were not comparable.
[7] The Data Import Administrative Officer position has a job evaluation range of 15-17. The occupant of the position works with other employees including Data Services Officers (who possess an Electrical Certificate and a job evaluation range of 21-24) and Engineering Officers (who have Associate Diplomas and a job evaluation range of 25-31). The position of Meter Translations Officer at Energy Australia was matched with the role of Engineering Officer at integral Energy.
[8] I have had the opportunity to examine the position descriptions for the Data Import Administrative Officer and the Meter Translations Officer. It is clear that there is a significant difference in the qualifications required by the two positions. The former requires the HSC or equivalent, whereas the latter requires an Associate Diploma or equivalent (similar to the Engineering Officer positions at Integral). While there is clearly some overlap of duties and responsibilities there are also some significant differences. The main focus of the Data Import Administrative Officer is the ‘loading’ of data and associated tasks such as the following up of missing data. Based on the position description, the Meter Translations Officer also includes an emphasis on data analysis.
[9] I am not satisfied, based on the evidence presented to me, that the role of the Data Import Administrative Officer was comparable to that of the Meter Translations Officer. There is no basis therefore for equalising the wages of the two positions.
SENIOR DEPUTY PRESIDENT
Final written submissions:
29 May 2012
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