News Flash

HSU FAILS IN APPLICATION FOR SEPARATE ENTERPRISE AGREEMENT

The HSU, acting as an agent for a number of employees as it is not registered in the SA Industrial Relations Commission, sought directions from the IRC concerning the composition of the employee group for negotiating purposes under the provisions of the Fair Work Act (SA). The Commission last night dismissed the HSU application.

It is clear under the provisions of the Fair Work Act that the composition of the enterprise had been determined prior to the formal commencement of negotiations in September and that negotiations had occurred on the basis of a single 'Parity' Enterprise Agreement. Those negotiations concluded prior to the commencement of the ballot process, which itself is almost at an end.

In addition to the HSU application, the Commission also dealt with an application from Government regarding the HSU industrial action which was due to start today.

It was clear that the action could achieve no outcome to vary either the composition of the enterprise or the course of negotiations, as these had concluded prior to the commencement of the ballot. The Commission accordingly recommended that HSU bans not proceed and that a report be provided to it by the HSU by 2.30 pm today.

The Commission will today issue a formal statement to reflect last night's decision.

22 December 2009