A decision by TasWater to appeal a Fair Work Commission decision defies logic and will only delay the outcome the statewide water authority says its wants to achieve – and further swell the coffers of its bank of external lawyers and consultants at the expense of Tasmania’s Infrastructure.
The Fair Work Commission ruled recently that TasWater should return to negotiating three regional agreements.
Professionals Australia Director, Luke Crowley believes TasWater’s plan to appeal the umpire’s decision is a disgraceful waste of resources and time when the organisations management should be concentrating on delivering water and sewerage for Tasmania. TasWater wasted time right from the start of the hearing by objecting to the commissioner that was originally assigned the case. When they eventually got a commissioner they didn’t object to, they are now objecting the decision of that new commissioner. For TasWater to lodge an appeal of the independent umpire now will only add further delays to this long running negotiation that began well over a year ago.
TasWater has claimed it is embarking on what would be a lengthy and costly appeal so it can have a single agreement for all staff.
However, this argument flies in the face of TasWater’s previous actions and the facts of the case.
Firstly, while publicly claiming it wants one agreement, privately TasWater has consistently resisted having a single agreement for all staff, instead arguing to have a second separate enterprise agreement for senior staff instead of encompassing all staff under a single agreement.
TasWater is also claiming that it is appealing the Commission’s decision due to a desire to return quickly to a negotiations for a statewide agreement. However, an appeal will take up to a year to finalise with significant legal costs for the organisation along the way.
Unions have instead proposed that the company roll over the existing three regional agreements. This rollover could take mere months, once completed unions are happy to return swiftly to discussions for one state-wide agreement. Unions have also proposed only a modest pay increase (2.8%) that is under what the TasWater Board has approved to be paid (3%), with no other changes to the agreement to ensure a rollover is within the organisations budgets.
Luke Crowley said “It appears the only winners in the event of an appeal are the external lawyers who were unsuccessful in the initial hearing case and are now being paid again to lodge and run the appeal.” “We call on TasWater to drop the appeal and accept the unions offer of a rollover so the organisation can return to essential work on Tasmanians water and sewerage infrastructure.”
Luke Crowley. Director, Professionals Australia (Tasmania Branch)
