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

[2017] FWC 3052

[2017] FWC 3052

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, 6 JUNE 2017

[1] On 11 April 2017, the Fair Work Commission issued a Statement 1 reporting on the progress of Enterprise Bargaining negotiations between Sydney Water Corporation T/A Sydney Water and the 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).

[2] Negotiations arose from advice by the Board of Sydney Water that it intended to make a decision on 22 March 2017 (later deferred to 27 April 2017) about whether its Civil Maintenance and Water and Waste Water Treatment Business units should be kept in house or outsourced to the private sector. The criteria which the Board said it would consider are cost, safety and customer services.

[3] Some of the options which were generated by the parties during negotiations, which are recorded in the FWC Statement of 11 April 2017 were aimed at reducing costs and therefore optimising the prospect of the Civil Maintenance and Treatment workforces remaining in house. The parties agreed that job security for the Civil Maintenance and Treatment workforces was an essential component of an enterprise agreement proposal which included these cost reducing options.

[4] The ASU held a mass meeting of their members in Civil Maintenance on 12 April 2017 to discuss the options referred to the in FWC Statement. The meeting endorsed a proposed enterprise agreement incorporating these options.

[5] Subsequent meetings were held with the balance of the ASU membership and members of PA and CEPU which endorsed the content of a proposed enterprise agreement.

[6] The Board of Sydney Water met on 27 April and decided to keep an in house workforce in both its Civil Maintenance and Water and Waste Water Treatment Business units for at least the three year nominal term of the Agreement.

[7] Employees will be asked to approve the agreement in accordance with the provisions of the Fair Work Act later in June.

[8] Before that occurs, the parties are asking the NSW Government to confirm its commitment to the Board’s decision to keep an in house workforce in both its Civil Maintenance and Water and Waste Water Treatment Business units for at least the three year nominal term of the Agreement by tabling this Statement in Parliament. This is consistent with recent statements that have been made by the Honourable Don Harwin MLC, Minister for Resources, Minister for Energy and Utilities and Minister for the Arts in Parliament about the NSW Government’s preference for an in house workforce.

DEPUTY PRESIDENT

 1   [2017] FWC 2052.

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