We’re approaching the end of the access period for our proposed Insignia Enterprise Agreement (EA) and the ballot will soon open. The FSU has received a few common questions from members so we’ve prepared a Q&A below to roundup the week.
What is consent arbitration and how does it affect the disputes procedure?
When things go wrong at work, being able to have our concerns decided by the Fair Work Commission (FWC) is essential. We achieve this through the process of arbitration.
During the course of negotiations Insignia notified the FSU their position was not to provide for the arbitration of disputes. Only after the FSU raised concerns over this issue, at the bargaining table, Insignia included ‘consent arbitration’ in the EA. However, the FSU rejected and continues to reject this as it would require Insignia agreeing for the FWC to hear our matter and make a binding ruling.
Insignia would effectively have the right to ‘veto’ any of us going to the final stage of the dispute process. This proposal undermines the procedural justice of the proposed EA and raises the question: why does Insignia want to avoid the accountability that comes with the FWC (an independent third party) being able to decide matters?
Can People Leaders be pressured to tell colleagues to Vote Yes?
No, they cannot. Executives and Senior Management must not directly or indirectly pressure People Leaders to ensure their colleagues vote yes at the ballot. Attempting to pressure People Leaders or colleagues is serious and can be considered coercion or adverse action.
People Leaders are not proxies for the organisation and cannot be directed to “tell” colleagues to vote Yes. It is also not their job to “sell” the benefits of the proposal.
If you are a People Leader who has experienced this pressure, please contact the FSU at [email protected] so we can assist you confidentially.
Do I have the right to speak to my colleagues about the EA?
Yes, you do. Under the Fair Work Act, all Insignia colleagues have the right to discuss the EA, what they are concerned about and how they intend to vote. The FSU advises doing this in a respectful manner. We have many concerns with Insignia’s proposal. The most important thing we can do is speak to our colleagues about why we need to vote No.
Where can colleagues go to get more information?
Forward this email and the FSU’s summary of concerns to your colleagues for a more detailed analysis of Insignia’s proposal. You can also find out more on our website here.
Will there be more information on the ballot?
Yes, we will have further information for members on the ballot process early next week. If you will be away from work during the ballot period (Tuesday 17 September to Monday 23 September), email [email protected] so they can arrange to have your ballot sent via text.
Questions and feedback
If you have any questions or feedback, please email us at [email protected], and one of our team members will be in touch.
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