Win for workers as Fair Work Commission condemns Tas Water bargaining tactics

A decision by the Fair Work Commission that condemned the negotiating tactics employed by Tas Water vindicated the workers involved in the long-running dispute, the union who represents them said today.

Communications, Eletrical and Plumbing Union Tasmania secretary Trevor Gauld said the decision revealed the unfair nature of the tactics that Tas Water and its shareholder councils had employed over the past 20 months.

“For nearly two years, Tas Water has behaved as though it can simply wait out and wear down its workers until they’re willing to sign a sub-standard agreement,” he said.

“That is not the case. While we are disappointed that the intransigence of Tas Water meant that a single state-wide agreement could not be reached, we look forward to negotiating separate agreements that provide a fair deal for the workers who ensure that water comes out when the tap is turned on and the toilet flushes when you push the button.”

Mr Gauld hit out at the 29 shareholder councils with interests in Tas Water, saying they had the opportunity to instruct their representatives to bargain in a fair manner but had chosen not to take it.

“The CEPU appealed to all of these councils for fairness and reason. Only three bothered to respond.”

“They have chosen to allow Tas Water to waste tens of thousands of taxpayer dollars instructing their lawyers to force an unfair agreement on workers. It has failed.”

“This money would have been better spent upgrading their dismal infrastructure to provide ratepayers with a decent water and sewerage system.”

Mr Gauld said that the CEPU had approached Tas Water as early as 2013 to begin bargaining on an agreement that would unite three different EBAs that were due to expire.

Throughout the process, he said, Tas Water had aimed to cut pay and impose unfair and sub-standard conditions on Tas Water workers.

“Eighty-eight percent of Tas Water workers voted against the woeful offer that Tas Water tried to force through,” he said.

“Yet they refused to budge.”

“Today’s decision means they will have to negotiate three fair deals instead of just one.”

Extract below from the Commission’s decision document;

[157] There is however one compelling factor which tips the balance in favour of granting
the application.

[158] The status quo in terms of industrial instruments is three regional EAs. It is TasWater
that seeks to alter the status quo and as such bears the onus of convincing the SBU and
employees as to the validity of this position. The respondent has failed to do so.

[159] As I understand the position of the SBU, they now seek to roll over existing
agreements with a wage increase consistent with prevailing industrial standards. This is hardly
an outrageous position and one which is comfortably within the financial bargaining
parameters of TasWater, although I recognise that it does not meet the strategic objectives of the respondent.
Trevor Gauld State Secretary CEPU – Tasmania