Bulletin No: 002 Volume: 20 Wednesday 8th January 2014
To ALL UFU ESTA MEMBERS
FURTHER INFORMATION REGARDING ESTA VOTE
Further to yesterday’s bulletin regarding the voting process the UFU would like to reinforce to members that should ESTA’s proposed EBA receive a majority ‘no’ vote negotiations will continue.
Under good faith bargaining obligations contained in the Fair Work Act ESTA’s is required to continue to meet with the Unions and genuinely consider proposals and respond.
There is propaganda being circulated that is falsely representing the actual obligations:
- If ESTA’s proposed Agreement is voted down ESTA will still be obligated to continue to bargain in good faith. This means ESTA cannot refuse to meet and bargain in good faith.
- The obligations to bargain in good faith obligations apply continuously. The claim being circulated that ESTA does not have to renegotiate to July 2015 is completely false.
- The legislation does not restrict the time for bargaining or that a new agreement must be struck within a set timeframe. The current expired enterprise agreement continues to apply until a new agreement is reached.
There is no requirement for an Agreement to be a certain length of time (other than a 4 year maximum) nor be replaced by another Agreement within a certain date of the old one expiring.
The UFU reiterates that we do not believe voting yes to this proposed ESTA Agreement is in your best interests.
The proposed Agreement was not accepted by your bargaining team and none of the Union bargaining representatives have endorsed the Agreement.
As stated yesterday the UFU is extremely concerned that if this proposed ESTA Agreement was to come into operation call takers would have their career progression through to level 4 effectively cut off.
Also, progression to level 3 would be limited as ESTA, in their proposed Enterprise Agreement, have made it “subject to a successful completion of a relevant competency assessment”.
Members may be aware that recently the MFB Corporate and Technical Staff Enterprise Agreement was certified. After more than two years of bargaining and lengthy protected industrial action that Agreement was ultimately reached preserving and improving key terms and conditions and delivering an average of 22 percent pay increases and one year’s back pay as well as a sign-on bonus. Just months prior to reaching that agreement the Corporate and Technical staff had voted ‘no’ to an MFB proposed Agreement that included pay increases but would have retrenched key terms and conditions such as consultation and job security.
That is a very recent example in this political and industrial climate where UFU members have demonstrated what can be achieved with ongoing industrial pressure and in solidarity.
If the current proposed ESTA Agreement receives a ‘no’ vote protected industrial action can continue and escalate and negotiations between the parties will continue in order to seek final resolution.
If members have any queries please do not hesitate to contact your local delegate or UFU industrial Officer Rini Krouskos on 9419 8811.
Strength in Unity
READ OUT AT MUSTER AND PIN ON NOTICE BOARD
Authorised by Peter Marshall, Branch Secretary