Electricity, Water and Utilities

Electricity, Water and Utilities

Fair Work to determine scope of Essential Energy medical assessments

Peter Moss - Thursday, September 14, 2017
The Work Capacity Assessment Procedure is still in dispute. The ETU strongly advises that in the interim, members should hold off attending any medical assessment.

The parties met a number of times and where back before DP Sams on 29th August 2017. The ETU had identified 11 changes we required to the Procedure. The parties were able to agree on 10 of those changes and they have been incorporated into the Procedure.
DP Sams will determine the outstanding issue of scope.

• The ETU’s position is the scope of employees to be assessed should be Live Line & Heavy Vehicle employees which under statutory requirements, Work Capacity Assessments must be carried.

• Essential’s position is any employee who works on or near the network.

During October both parties will make submissions to DP Sams who will then determine the scope to apply to the Procedure.
Improvements the ETU was able to make to the procedure include:

• An added step in the process where an employee is deemed “Unfit for substantive duty –permanently”. An assessment will be made of the employee’s capabilities and limitations. As part of this process Essential Energy will explore the possibility of a suitable alternate role. If no alternate role can be agreed, the employee will be put on Personal leave. Essential Energy may terminate the employee’s employment in accordance with the industrial instrument in place at the time.

• Improved the procedure to ensure employee’s personal medical history details and specific outcomes of the Assessment are kept confidential and not disclosed to Essential.

• Improved wording around workers compensation, payment & costs, assessments to occur in paid time & the dispute resolution process if an employee disputes the assessment outcome.

Have you given Essential consent to obtain private medical history?

Essential have now agreed to write to employees who have completed the wrong Essential Energy Work Capacity Assessment Musculoskeletal and Functional Assessment forms which has given Essential Energy consent to obtain your private medical information through the your treating Doctor’s and other Health Practitioners.

Those employees will then need to sign a new consent form which will revoke the consent to ensure Essential cannot access your private medical history.

Members are reminded you are legally entitled to have ETU Representation in any employment matter including investigations, performance matters, disciplinary matters, safety matters etc.

The ETU will keep members updated on this matters through our ETU workplace delegate’s network, Facebook and via the ETU website.

Justin Page
Assistant Secretary
ETU NSW