Further to our update yesterday, we have written to Cbus to raise our concerns that they’ve breached their obligation to bargain in good faith with us.
The Fair Work Act provides a legal framework for the fair and proper conduct of bargaining around an Enterprise Agreement. Amongst other things, the Act requires parties to act in good faith, and to refrain from engaging in capricious or unfair conduct that would undermine the negotiations.
It is our view that Cbus have engaged in capricious and unfair conduct that undermines the negotiations that we are engaged in on your behalf. Like any unsporting conduct, Cbus’ conduct is designed to advantage them, and just like in sport, any remedy available can’t completely undo the damage – just penalise Cbus if they are found to have done the wrong thing.
It is not appropriate for Cbus to mislead employees about their terms and conditions of employment. We believe they’ve done this in an email sent to all investments team staff about the formation of a consultative committee. It is not correct that the contracts will be “ratified” by the Fair Work Commission – at least not in the way that the email implies, and the whole email neglects to properly explain a range of rights and options that employees have in relation to management’s proposal. It presupposes a number of things that we believe constitute misrepresentation.
It is also inappropriate and unfair for Cbus to decline to provide your negotiating committee with any meaningful information, rationale or detail about the proposal to cut investments from our EBA, and – at the same time – be providing at least some of those details directly to those staff outside of negotiations.
As we outlined yesterday (the update is online here if you missed it), the issue of who is covered by this agreement affects all of us and is fundamental to the character of the fund. It is incredibly disappointing that Cbus have acted in this way on such an important point.
We have taken action in response to these breaches of good faith in the hope that these issues can be resolved and that we can get back to bargaining productively and fairly in a way that secures positive outcomes for all employees.
We will of course, keep you updated.
Your FSU Reps
Bill Rue, Caroline Troup, Fiona Peck, Ian Wilson, Jennifer Glass
PS: We have a meeting today at 12:30pm (AEST) to discuss in more detail the union’s concerns about the proposal to remove the investments division from our EBA. All FSU members are welcome to attend. Click here to join.
We are also holding workshops to collaborate on the detail of our other claims in preparation for negotiations in the coming weeks. Details below!
If you’ve not yet signed and shared our petition to save our RDOs, you can do that here!
Click to RSVP:
Tuesday 12 Oct, 12:30pm (AEST)
Tuesday 19 Oct, 12:30pm (AEST)