ASU representatives called for, and attended an urgent hearing at the Fair Work Commission on Thursday 18 April to seek Directions from the Commission regarding the refusal by EACH Management to comply with the current EBA Dispute Settlement Clause.

EACH had previously been advised twice by the ASU that the Dispute clause clearly states, “until the dispute is resolved, work shall continue normally in accordance with Custom and Practice existing before the dispute arose”.

The Commission agreed with the ASU and made the following Directions.

The Deputy President of the Fair Work Commission stated:

[1] In accordance with Clause 12 Dispute Settlement in the Community Health Centre(Stand Alone Services) Social and Community Services Employees Multi Enterprise Agreement 2013-2015 (the Agreement), I order that from 5.00pm on 18 April 2019:

A. EACH is required to comply with Clause 12.8 of the Agreement which states that work must continue normally in accordance with custom or practice existing before the grievance arose.

B. That compliance with Clause 12.8 of the Agreement in respect of the present dispute requires that EACH must immediately advise employees covered by the Agreement of the revocation and withdrawal of its decision to alter the arrangements for the treatment of Easter Saturday for the purposes of allowing a day in lieu in 2019. Custom and practice as has been observed in previous years shall be followed.

C. That EACH will implement the administrative arrangements to give effect to paragraph B above as soon as reasonably practicable and shall advise the Australian Administrative, Clerical and Services Union (the ASU) once it has done so.

 

[2] This order will operate until matter C2019/2501 is determined or otherwise withdrawn or until further order of the Commission.

  

Members should have received a text message late on Thursday 18 April informing them that the ASU had won an Interim Order from the Fair Work Commission, instructing EACH management to comply with Clause 12.8 Dispute Settlement clause of the Community Health Centre, Multi Enterprise Agreement 2013 – 2015.

Congratulations to all ASU Delegates and members. We will now be attending the Commission at a later date to argue the merits and intent of the Easter Saturday Clause, relevant to 2019.

For further information please contact:
ASU Organiser Merri Blair | 0458 884 503 | mblair@asuvictas.com.au

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