The proposed industrial action by Electrical Trades Union (ETU) workers was averted after the Fair Work Commission ordered the company into a 21-day bargaining period with the union. 

Electrical Trades Union (ETU) NSW secretary Steve Butler told the Post yesterday that Essential Energy’s lawyers had been attempting to have the industrial umpire suspend the period of protected industrial action. 

“The ETU argued that the FWC should instead take the other course of action available — the termination of the protected action period, which would would automatically trigger a three week bargaining period and arbitration of the dispute by the independent umpire if required,” Mr Butler said.

“The Commission agreed with the union, ordering a halt to the strike action that was due to 

commence at 10pm on Monday, 23 May, and a commencement of the 21-day bargaining period which, if unsuccessful, will allow the independent umpire to resolve the dispute by deciding all outstanding matters.”

He said the ETU considered this is a better way to proceed.

“The decision was the best outcome available to the union to finally bring an end to the long-running dispute over Essential Energy’s attempts to immediately cut 800 regional jobs, as well as reduce wages and conditions for the remaining workers,” he said.

“We are very keen to have protected industrial action - that will put management back in its box and common sense will prevail so there is not a loose canon running around NSW trying to shaft people.

“Essential Energy management have been unwilling to budge despite more than a year of negotiating. Arbitration means the union will be able to put its case to the independent umpire, who will then make a final decision that Essential Energy management are legally bound by.”

Mr Butler last night wrote to ETU members explaining the decision, and urging them to vote 

against a proposed agreement being put forward by management.

“The union is urging all Essential Energy workers to vote against a proposed agreement 

currently being advanced by management in a final attempt to implement 800 jobs cuts and slash conditions,” he said.

“Yesterday’s decision by Fair Work has strengthened the negotiating position of workers and 

has created a roadmap for bringing this dispute to an end. We are now calling on the NSW Government and Essential Energy to rule out any appeal of last night’s decision and allow this matter to be resolved by the independent umpire once and for all.

“The union will now focus on advancing the strongest possible arguments to minimise any impact on workers and deliver an outcome that is much fairer than what management have proposed.”