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Thursday, 14 August 2008 04:37 |
Today IBM have again refused to meet with your representatives to discuss the important issues on the IBM Flightdeck.
At present, Flightdeck workers have notified 2 bargaining periods with IBM. The first one was notified by the union on behalf of its members for a union agreemeent. This is the bargaining period that we successfully obtained a protected action ballot for.
We commenced a second bargaining period while we were waiting for the decision of the Australian Industrial Relations Commission (AIRC) about the protected action ballot. This was commenced acting as a bargaining agent for ASU members for a non-union agreement.
IBM had initially agreed to meet today at 10.30am to discuss the non-union agreement that we commenced bargaining for acting as bargaining agent for the ASU members on the Flightdeck. They only agreed to meet because the Workplace Relations Act requires them to meet with a bargaining agent and applies heavy fines if they do not meet. This is probably the only reason that they agreed to meet with us. We have had no indication so far that IBM are prepared to listen and take the concerns of Flightdeck workers seriously.
The ASU obtained legal advice from our solicitors that indicated that it was necesary to choose one of the agreements to pursue to avoid a legal trap. This was necesarry to avoid bargaining in bad faith, which is considered poorly by the AIRC. We sought advice from your delegates who decided to pursue the union agreement, to continue with the protected action ballot for a union agreement and to seek to meet with IBM about this agreeement.
So, based on this advice we sent simultaneous letters to IBM on Monday. The first letter indicated that we did not require a meeting with them to negotiate the non-union agreement. The second letter said that we were available and wanted to meet with them at 10.30am today; the time when they said they were available to discuss the non-union agreement.
IBM have refused to meet with us today to discuss the union agreemeent saying that they were unavailable at 10.30am. This was the time that they were scheduled to meet with us about the non-union agreement. They sent us the letter which is attached. Sally McManus responded with the attached email indicating that we are still willing to meet with them whenever they are available to discuss the issues.
Today, the ballot opens for the protected action ballot. You should shortly receive ballot papers from the Australian Electoral Commission to vote in the ballot. A strong "Yes" vote gives us the best chance to get IBM to the bargaining table and take our concerns seriously. A"Yes" vote gives us the bargaining power to obtain an agreement. A "Yes" vote gives us the option but doesn't commit us to taking industrial action. No industrial action would take place until a decision was made by a meeting of members. You should receive information from the ASU about the ballot in the post with your ballot papers.
If for any reason, you don't receive your ballot papers, please call Carl Harris on 02 9310 4000 or 0423 564 162. Also, if you have any questions, please call Carl or email
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Don't forget there is a meeting of all ASU members on the IBM Flightdeck to discuss the campaign at 5.30 and 6.30pm, Wednesday 20 August at the Castle Hills Country Club.
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Copyright © 2008 ASU. All Rights Reserved.
Authorised and published by Sally McManus, Branch Secretary
Australian Services Union NSW & ACT (Services) Branch
Level 1, 39-47 Renwick Street, Redfern NSW 2016, Australia
Flightdeck EBA Campaign 
