ASU Delegate Brian Uren has been a tireless advocate for union members at the operations centre at Banyule for over a decade. Recently he faced allegations of misconduct.
The ASU describes Councils investigation as seriously flawed. We felt there were prejudgement and bias. You can make your own mind up based on the fact, the employer refused to interview witnesses Brian advanced in his defence and to mitigate the disciplinary outcome.
After exhausting internal dispute resolution, including procedural fairness appeals to the director and CEO, the ASU lodged a Fair Work Commission dispute. Conciliation was unable to achieve any acknowledgment of error from Banyule, so we sought a hearing.
The dispute resolution procedure in the Banyule Council Enterprise Agreement requires consent from the employer to have a matter decided by the Fair Work Commission.
Council refused to consent to the matter proceeding to a hearing in front of the independent umpire.
The ASU attempted to have the dispute clause fixed during negotiations last year, but the employer committed that they would not stand in the way of any matter being arbitrated. Clearly, this council cannot act with integrity or honour its commitments.
Unfair decisions can happen to anyone, whether it’s a progression dispute, allowance eligibility, leave application, or request for flexible work arrangement, the employer will stop a matter going to the Fair Work umpire for a decision if it suits their agenda.
This decision reinforces the need for a strong union. More members mean you are better able to negotiate things like a dispute resolution clause into your agreement, that can ensure employees subject to unfair decisions, can get a dispute resolved by the Fair Work Commission.
Pass this newsletter onto a non-member and ask them to join online at https://www.asu.asn.au/asujoin
For further information please contact:
ASU Organiser Will Wyatt | firstname.lastname@example.org