New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union v Endeavour Energy Summary

[2013] FWC 2100

FAIR WORK COMMISSION

RECOMMENDATION

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
(C2013/365)

COMMISSIONER CAMBRIDGE

SYDNEY, 8 APRIL 2013

The Fair Work Commission (the Commission) makes the following recommendations by consent in this matter:

[1] The parties constitute a peak Restructure Committee for the purpose of consulting about Operating Model restructures.

[2] That the parties settle the question of membership between them.

[3] That sub-committees may be used from time to time as agreed between the parties.

[4] That the parties seek to establish agreed time frames as to individual Divisional / Branch restructures.

[5] All restructures and relevant documentation will be filtered through the peak Restructuring Committee including, where possible, the provision of entire draft structures.

[6] In anticipation of the developing workload implied by the scale of restructures, time frames and workloads are revisited at each peak Restructure Committee meeting.

A Report Back before the Commission as presently constituted is fixed for 10:00am on Friday, 10 May 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union versus Endeavour Energy, the Fair Work Commission was tasked with resolving a dispute between the union and the energy company. The primary issue was the restructuring of the company's operating model and the associated impact on the workforce. The Commission was required to provide recommendations by consent on how the parties should proceed with the restructuring process, including the establishment of a Restructure Committee, the determination of membership, the use of sub-committees, and the establishment of timelines for individual divisional or branch restructures.

The legal issues before the Commission centred on the process for restructuring the company's operations and the implications for employee representation and consultation. The Commission had to ensure that the restructuring process was conducted in a manner that complied with the Fair Work Act 2009 and the relevant industrial instruments. This involved determining the appropriate mechanisms for consultation and negotiation between the union and the company, as well as establishing clear timelines and procedures for the implementation of the restructuring.

The Commission's reasoning focused on facilitating an efficient and fair process for restructuring that balanced the interests of both the company and the employees. The recommendations made by the Commission emphasised the importance of establishing a peak Restructure Committee to oversee the restructuring process, with sub-committees being used as necessary. The Commission also stressed the need for clear timelines and regular reviews of the restructuring process to ensure that it remained on track and that the workload was manageable. The recommendations provided a framework for the parties to work together in a constructive manner, with the aim of reaching a mutually agreeable outcome.

The final orders of the Commission included the establishment of a peak Restructure Committee, the resolution of membership issues between the parties, the use of sub-committees as needed, and the establishment of agreed timeframes for divisional or branch restructures. All restructures and relevant documentation were to be filtered through the peak Restructuring Committee, with entire draft structures being provided where possible. The Commission also directed the parties to revisit time frames and workloads at each peak Restructure Committee meeting, in anticipation of the developing workload implied by the scale of restructures. A report back to the Commission was scheduled for 10 May 2013.

New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union v Endeavour Energy

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established