ETU Media Releases

The NSW Government is under pressure to close a potential loophole in legislation guaranteeing five year job protections as part of the Baird Government’s electricity privatisation program after Ausgrid revealed plans to overturn the agreement.

Christian Democrats MLC Rev. Fred Nile secured the five year employment guarantees as a condition of his support for the sale of majority stakes in Ausgrid and Endeavour Energy following concerns that jobs could be slashed by new private owners.

The Electrical Trades Union last week held urgent discussions with Rev. Nile after the largest of the companies, Ausgrid, wrote to the union revealing it would be pursuing a potential loophole which it believes will allow the introduction of forced redundancies.

The union welcomed Rev. Nile’s commitment to ensure the Baird Government lived up to the spirit of his negotiated job protections and indicated that he would be seeking to have a clause inserted into sale contract for the 99 year lease to ensure that the job protections are adhered to.

Rev. Nile also indicated that he would seek to amend the Electricity Network Assets (Authorised Transactions) Act when parliament resumes next month to close the loophole.

ETU secretary Steve Butler commended Rev. Nile’s commitment to ensure the job protection provisions he negotiated last year were adhered to by the NSW Government and potential buyers.

“When Mike Baird wanted his privatisation plans approved, he had no problem agreeing to the provision of five year job protections at Ausgrid and Endeavour Energy,” Mr Butler said.

“Yet a year on, and while Ausgrid is still in public ownership, we have already got management indicating they plan to exploit a loophole that they hope will allow unfettered cuts to jobs.

“The Baird Government needs to show good faith and ensure the job protections, which were negotiated by Rev. Nile as a key component of the privatisation going ahead, are in fact enforced.

“We welcome Rev. Nile’s proposed solutions, with the combination of a legislative amendment along with a strongly worded clause in the sale contract ensuring certainty for thousands of NSW power workers and the communities they serve.”

Mr Butler said Ausgrid had informed the union that it did not believe the job guarantees would be binding if it could succeed in having the Fair Work Commission agree to the introduction of forced redundancy, possibly through the termination of their current workplace agreement.

“This runs completely contrary to the intention of the NSW Parliament, which voted to support an amendment to legislation that unequivocally stated: ‘there are to be no forced redundancies of continuing employees during the employment guarantee period’,” he said.

Dozens of protesters wearing protective asbestos equipment will this morning target the head office of the nation’s largest electricity distributor, Ausgrid, to demand immediate action to safely remove the deadly substance from across the power network.

The Electrical Trades Union wrote to the company this week demanding action after it was revealed that efforts to remove asbestos — including in its most dangerous friable state — had stalled, leaving workers and community members at risk.

The union said documents obtained through freedom of information showed at least 29 current and former Ausgrid employees had been diagnosed with asbestos-related diseases — including asbestosis, mesothelioma, and lung cancer — between 2002 and 2012.

ETU organiser Mark Buttigieg said that with the imminent sale of the company, workers feared the NSW Government was trying to pass the buck, leaving a future owner to deal with the problem.

Protesters in asbestos suits demand removal of deadly substance
Where: outside Ausgrid head office, 570 George Street, Sydney
When: 11.30am TODAY — Friday 22 July, 2016

In 2013, Ausgrid management agreed to a series of remediation actions, including the immediate removal of friable asbestos from 10 substations, an audit of all asbestos-containing material in substations in the Sydney CBD, the provision of extra resources for asbestos removal, and the development of programs to remove and remediate fire doors and other components containing asbestos at substations and in other facilities.

The union this week wrote to Ausgrid chief operating officer Trevor Armstrong to highlight concerns that management had breached this agreement, with asbestos products remaining in substations throughout the CBD and serious cuts to the resources allocated to the issue — including to the company’s Asbestos Management Unit.

“Huge amounts of asbestos remain across the electricity network, from substations in the city to transformers in suburban streets,” Mr Buttigieg said.

“Most concerning is the fact that much of this asbestos is friable, which means the individual fibres are loose and — when disturbed — can easily be inhaled.

“This is the most dangerous form of asbestos, with even the smallest number of asbestos fibres capable of causing debilitating and even deadly diseases.

“We are already seeing two people die every year as a direct result of asbestos related diseases that they contracted while working on the NSW electricity network.”

Mr Buttigieg said Ausgrid appeared to be in breach of commitments made in 2013 that were meant to see a substantial increase in the resources put into identifying and removing asbestos.

The same agreement required the company to implement a process where workers could identify and record the presence and condition of asbestos in customer meter boards, which has also not occurred.

“Asbestos in the power network isn’t just hidden away in big substations, it is found in the meter box on thousands of homes, in transformers on suburban streets, and throughout the electricity infrastructure in Sydney’s central business district,” Mr Buttigieg said.

“The longer it remains there, particularly as it deteriorates over time and releases airborne fibres, the greater the risk that is posed to electricity workers and the general public.

“Rather than pass the buck to a future owner and hope that they will do the right thing, the NSW Government and Ausgrid management need to act now to remove this deadly substance.”