What happens if there is no in-principle agreement?
It is important members understand all possible outcomes prior to deciding whether to support the current proposal and/or continue to bargain. If the membership instructs us to reject this current offer and continue bargaining, the below outcomes are possible:
1. The In-Principle Agreement 3 April 2024 backpay date for 3% on current wages and allowances will no longer apply, and the wages and allowances will not be backdated. A new In-Principle date could be reached but this will be at a future unknown date. Note: The Unions cannot enforce an In-Principle Agreement at the Fair Work Commission.
2. 000VIC may consider (with Government approval) putting the Agreement out to vote without Union endorsement. It will then be up to all employees to decide whether to approve the Agreement or not.
3. 000VIC and Government may decide that they will not propose the Classification Structure. However, the money for the structure will not be provided for in other parts of the agreement, as the money is an efficiency gain and falls outside of the strict 3% Wages Policy.
4. The 4 Unions could notify of further Industrial Action in support of the remaining 2 issues in dispute.
5. An Application for a Bargaining Order (s 240 of the Fair Work Act) - A Bargaining Representative may make an application under s 240 for the Fair Work Commission (FWC) to assist in resolving a bargaining dispute using powers that include conciliation, mediation, the making of recommendations, in whichever way the FWC considers appropriate.
6. Intractable Bargaining - A Bargaining Representative can apply for an Intractable Bargaining Declaration if the parties:
have been bargaining for at least 9 months (the minimum bargaining period) and have reached an impasse.
have already tried to resolve the bargaining dispute including by making an application to the Commission (s 240).
want further assistance to resolve the dispute.
If the FWC makes an Intractable Bargaining Declaration and Bargaining Representatives still can't resolve the dispute, the FWC must make an Intractable Bargaining Workplace Determination. This Determination establishes the terms and conditions of employment in place of an Enterprise Agreement. The Determination could favour either party. All terms and conditions currently agreed could be determined on. A resolution through this process may take at least another 6 months.
Next Steps
Ultimately, the Unions are representatives of our members. Based on the current state of bargaining, where we have gained as much as we can in the bargaining room, and where there are possible outcomes that may lead to a worse outcome, we need your feedback before deciding our next steps.
Therefore, we ask you to please complete the below survey, which will close by COB, Friday 24 May 2024.
Survey
https://forms.gle/RPz7gm6wX6fM6Uyt5
In Unity,
Sue Riley, CWU a division of CEPU, sriley@cwu.asn.au
Matthew Coggin, VAU, Matthew.Coggin@vau.org.au
Jeremy Murphy, UFU, io4@ufuvic.asn.au
Julien Gibson, UWU, Julien.Gisbon@unitedworkers.org.au 9