The ASU protects, promotes and improvers the working conditions and entitlements of our members.
And we have had recent success strengthening the rights of members by negotiating for ‘disciplinary matters’ to be subject to the dispute procedures in draft enterprise agreements at the City of Monash and the City of Kingston.
This is important way of enhancing employees’ rights at work and enabling the ASU to represent members facing a disciplinary matter.
It is often the case that only EA and Award content are subject to the disputes procedure. Where disciplinary processes are not included in the EA, disputed disciplinary matters (i.e. warnings) are excluded from the disputes procedure. This means no third party review by the Fair Work Commission is possible.
However, where an employee has a right to dispute a disciplinary matter, they can have the benefit of a third party review of the process and/or the outcome of the matter.
This check and balance can also make management more careful about following principles of procedural fairness.
The ASU welcomes that the draft enterprise agreements at the City of Kingston and the City of Monash now include an explicit reference to ‘disciplinary matters’ in the dispute procedure.
What do you do if you are called into a meeting in the meanwhile
Members often contact the ASU office or delegates after being asked to attend meetings with their line manager.
We know how a chat can turn out to be a disciplinary meeting/investigation. In most cases this is a breach of council policies and certainly a departure from a transparent process and a denial of procedural fairness.
Should this happen, don’t attend a meeting until you have the following information:
- Ask for the meeting request to be put in writing and an agenda of what is going to be discussed so you can prepare.
- Ask for all the details relating to any matter that is going to be discussed to be put in writing.
Importantly, you are legally allowed representation from your union and a representative can attend these meetings with you.
Seek advice from an ASU delegate or contact the ASU Member Contact Centre for further advice 1300 855 570 before attending any meetings.
We have produced a fact sheet Right to Union Representation that you can download for more information.