Water & Ports
Fair Work Australia rules Sydney Water WRONG on competency programs - ASU Right On Every Count
- Details
- Published on Thursday, 29 July, 2010
Fair Work Australia has ruled that Sydney Water is out of line in the way it is trying to implement new competency programs across the Corporation.
Earlier this year Sydney Water started to implement a new competency program in ‘Science and Environment’ however, rather than implementing the procedures that are contained in our new Enterprise Agreement, Sydney Water has been “doing its own thing” and bypassing members & delegates. The process being used by Sydney was a complete sham!!
Despite numerous meetings in which the ASU pointed out that Sydney Water was NOT complying with the Agreement, the Corporation refused to stop what they were doing.
ARBITRATION
On that basis the ASU took the matter to the independent umpire, Fair Work Australia. The ASU asked FWA to rule on two important provisions of the agreement:
- That any Competency Development Committee (made up equally of staff and management) must come to a “broad agreement” before any program is implemented.
- That the scope of makeup of Science and Environment Competency Development Committee did not meet the requirements of the Agreement.
Fair Work Australia ruled in the ASUs favour on both counts!
SYDNEY WATER’S APPROACH OUT OF LINE WITH AGREEMENT
Deputy President Sams said in his decision that “the role of the Competency Development Committee is not as limited as contended for by the Corporation” and that “it is plainly a role of substance, not mere procedure”. This means that the Competency Development Committee actually needs to do the work of developing the competencies – not just ticking off management’s plan.
Deputy President Sams also said that “the current membership of the Science and Environment Competency Development Committee does not meet the requirements of clause 8.2.5 or 8.2.7” and that “it is not large enough to be broadly representative of the identified work or occupation group”.
He also found that “it would make little sense and be unfair on both the Committee Members and those whose competencies they are considering, for them to make such decisions, uniformed, and without the relevant skills and experience.” This means that when a Committee is formed, it must be made up of people who understand all of the roles they are creating competencies for – otherwise the Committee is not fair.
WHERE TO NOW?
The ASU has written to Sydney Water seeking:
- its immediate agreement to cease any current or proposed competency program development, and
- a date for an urgent meeting to ensure that future competency development programs are in line with the Agreement.
Members are advised that until these matters are resolved we will not be participating further in these processes.
We will be seeking a fair process for the introduction of competency programs that gives members a real say and ensure that no employee is disadvantaged because of a new competency system. This is what is in the Agreement and this is what should be happening.
If you get approached or know that a competency program is planned in your area, contact your organiser or call the ASU office on 9310 4000.
The full decision is available online at: www.fwa.gov.au/decisionssigned/html/2010fwa5356.htm
