Sydney Water Corporation T/A Sydney Water and Australian Municipal, Administrative, Clerical and Services Union (ASU), Professionals Australia (PA) and the Communications, Electrical, Electronic, Energy,...

[2017] FWC 2052

[2017] FWC 2052

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.576(2)(aa) - Promoting cooperative and productive workplace relations and preventing disputes

Sydney Water Corporation T/A Sydney Water
and
Australian Municipal, Administrative, Clerical and Services Union (ASU), Professionals Australia (PA) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)
(NA2014/4)

DEPUTY PRESIDENT BOOTH SYDNEY, 11 APRIL 2017

Enterprise Bargaining Progress Report

[1] On 4, 5, 6 & 11 April 2017 Sydney Water and the ASU, PA and CEPU conducted negotiations in the Fair Work Commission for an enterprise agreement to replace the Sydney Water Enterprise Agreement 2015 that has a nominal expiry of 30 June 2017.

[2] Negotiations were facilitated by the Fair Work Commission (by Deputy President Booth) in the Commission’s New Approaches jurisdiction using an interest-based approach to the negotiations.

[3] The parties’ discussions were intensive and productive. The parties used interest based problem solving as far as possible in relation to each of the subject matters of discussion. This means that for each subject matter the parties identified their interests and generated a range of options that could be included in an enterprise agreement, rather than only examining their respective positions (claims).

[4] The parties identified the overall interests that guided the negotiations. Some are shared and some are clearly competing. The interests identified were:

● Competitive, sustainable future business
● Market aligned terms and conditions (Sydney Water)
● Safe and clean drinking, rivers and beaches
● A quality service and value for money for customers and community
● Safe workplace
● Fair equitable and just terms and conditions of employment
● Maintain employees’ standard of living in an expensive city (ASU, PA and CEPU)
● Motivated, engaged and committed workforce
● Proud of our joint contribution to achieving these interests
● An organisation that is able to respond to a changing environment
● A workforce that feels respected and valued

[5] A large number of options were identified and the following options are considered to be the best available to be discussed with the respective stakeholders/members:

● Remuneration and career progression
    ○ Pay rise of 2% on 1 July 2017.
    ○ Pay rise of 2.15% on 1 July 2018.
    ○ Pay rise of 2.15% on 1 July 2019.
    ○ Potential 0.35% paid bonus each year in 2018 and 2019 for Civil Maintenance Production Employees and Supervisors. Objective and achievable bonus criteria to be jointly developed.
    ○ Network Technicians

n Sydney Water will create a minimum of 15 new level 9 Network Technician roles and recruit from within the current Network Technician workforce. If not all of the new roles can be filled by suitable candidates from within the current Network Technician workforce, recruitment for these positions will be conducted from within the wider Sydney Water workforce.
n The work of the remaining Network Technicians will be reviewed to establish their appropriate pay level on the proviso that the pay of existing employees will be preserved at no less than their current level.
n Those Network Technicians who have been at 7A for over 12 months will be progressed to 7C in accordance with the enterprise agreement.

     ○ The work of Maintenance Service Technicians will be reviewed to establish their appropriate pay level on the proviso that the pay of existing employees will be preserved at no less than their current level.


● Job security


     ○ Civil Maintenance to remain in-house for at least the life of the enterprise agreement.
    ○ Up to 30 Civil Maintenance Production Employees in the Planned Team to be offered a voluntary early retirement package of $50,000.00 (selection criteria to be jointly developed by the parties). Members of the Planned Team who don’t take up this package will be transferred to the Reactive Team or Civil Projects, based on their preference.
    ○ Sydney Water will recruit sufficient numbers of new Production Employees to ensure there are at least 220 employees in the Civil Maintenance Reactive Team.

● Working hours arrangements


    ○ Span of hours to remain 7:00am to 6:00pm Monday to Friday. However, by agreement employees may work on a voluntary basis either side of this period at ordinary rates.
    ○ For Civil Maintenance Production Employees and Supervisors weekend standby allowance reduced from 8 hours to 5 hours, public holiday standby allowance reduced from 8 hours to 6 hours, to be phased in over the life of the enterprise agreement.
    ○ For Civil Maintenance Production Employees and Supervisors afternoon shift loading to be reduced from 25% to 20% and night shift loading to be reduced from 30% to 25%, to be phased in over the life of the enterprise agreement.


● Leave arrangements


    ○ A new policy for Family and Domestic Violence Leave to be developed by the parties which is referenced in the enterprise agreement. Family and Domestic Violence Leave will be paid in addition to other paid leave in the enterprise agreement. The amount of paid leave will be determined by the individual employee’s circumstances
    ○ Long Service Leave to be taken as soon as practicable and at a mutually convenient time. A request to take Long Service Leave will not be unreasonably withheld or refused.


● Respect at work

○ The parties will work together to build consistency across the work areas in the way managers implement the disciplinary policy. Sydney Water response to disciplinary matters will be proportionate and appropriate.

○ Sydney Water to establish a working group at the Contact Centre to address concerns about low morale and employees’ perceptions of poor management behaviour.

○ Sydney Water and the ASU will work together to address concerns about low morale, fatigue, long hours and limited home time outside of work in Civil Maintenance.


● Work/life balance

○ The parties will work together to ensure the consistent application of the Flexible Working Arrangements Policy.
○ Make reference to the Child Care policy in the enterprise agreement and jointly update the policy.
○ Add facilitative provision to the enterprise agreement to allow for variation to shift numbers in Ocean Outfall in certain circumstances.
○ Add facilitative provision to the enterprise agreement to allow for travel time to move to 1 hour for Civil Maintenance Production Employees when there is agreement that effective scheduling, planning and dispatching have been implemented area by area.
○ Provide for the limited private use of Sydney Water vehicles whilst on standby.
○ Sydney Water to investigate the provision of the Fit Passport for Employees
○ Provision for delegates to be ‘connectors’ in the mental health aspects of the Health and Wellbeing Program.

● Consultation and decision making

○ Essential features of the Sydney Water/ASU Engagement Model to be reflected in an agreed letter between Sydney Water and each union as the approach that will be taken before the provisions of the enterprise agreement are invoked when changes are being addressed at Sydney Water.

● Safe and healthy workplace

○ Jointly rebuilding the Sydney Water Work, Health and Safety Management System.
○ Incorporate reference to inclement weather in clause 40.7 of the enterprise agreement.
○ Work together to improve the access to amenities for field staff.


● Enterprise agreement form and structure

○ Three year duration.
○ Drafting to be undertaken after agreement is reached between the parties, reflecting plain language as far as possible.

[6] Some of these options are of significance to the whole of the workforce of Sydney Water and others concern only the Civil Maintenance workforce.

[7] The ASU will hold a mass meeting of their members in the Civil Division at 1:00pm on Wednesday, 12 April 2017 to obtain feedback on the options.

[8] Subject to the meeting of the Board of Sydney Water on 27 April 2017, meetings with the balance of the ASU membership and members of PA and CEPU will be held to seek endorsement of the content of the proposed enterprise agreement.

[9] If these meetings are favourable the parties will meet again before the Fair Work Commission to finalise the drafting of the enterprise agreement.

DEPUTY PRESIDENT

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