Today the ETU lodged a Dispute with the Fair Work Commission re Work Capacity Assessment Procedure. As part of the application the Union has applied to the Fair Work Commission for an interim order imposing the status quo.
Last week we wrote to Essential Energy raising serious concerns with EE’s implementation of the Work Capacity Assessments. The ETU requested EE provide evidence that genuine consultation has occurred with the ETU & the estimated 1850 employees this will affect. We requested EE provide evidence it has met its consultation obligations under the Work Health & Safety Act and the Enterprise Agreement.
The response from EE this week was an attempt to show that consultation had occurred. What the evidence clearly shows, is that no genuine consultation has occurred with the ETU or 1850 employees this procedure will affect, in our view, breaching their obligations.
As a result of our letter and the Notice to members last week, EE fast tracked booking employees into medical assessments and threatened disciplinary action if employees refuse to adhere to the assessments.
The ETU advises that in the interim, refrain from giving any consent or disclosing any personal medical history, blood or urine to the 3rd party providers –InjuryNET. Hold off attending any medical assessment. If you are threatened with discipline, inform the person threatening you that you are exercising your legal right to be represented by your Union. Contact your local delegate or Organiser.
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.