Issue No 113 | 28 September 2001 | |
Letters to the EditorHamberger on Stellar
Dear Editor, I refer to your recent article entitled "Stellar Drops Union Ban". I was very pleased that my intervention in this matter was able to resolve the issues at hand swiftly and in a manner that ensured that employees' rights to representation by their trade union were upheld. Stellar Call Centres Pty Ltd had a policy which stated that employees were entitled to be accompanied by another employee when attending meetings with management over grievances or disputes. I was concerned that the policy could be applied in such a way as to exclude union representation at such meetings. As a result, I wrote to Stellar and sought a change to the policy so that it is clear that employees can have a union representative present at such meetings. Stellar responded by making the necessary changes to their policy. I have also made it clear to Stellar that the OEA will continue to monitor the situation to ensure that the changed policy is being implemented and that staff are aware of the changes to the policy. I also undertook to meet with the CPSU to discuss potential specific cases where the freedom of association provisions for the Workplace Relations Act had been breached by Stellar. Following the changes in policy, the CPSU declined to bring forward any specific cases and requested that no formal action be taken against Stellar. I am happy not to proceed with litigation against Stellar at this stage as it is clear that the employer has been willing to take steps to ensure that employees have proper representation. I believe that this is a good example of the sort of work that the OEA has undertaken to protect the rights of employees to freedom of association. AWAs do not reduce the right of employees to be a member of a union, nor do they prevent employees being represented by a union. Recently published research indicates that around one in four employees with AWAs are union members. The great majority of these union members indicated that they are willing to negotiate their pay and conditions directly with their employer. They clearly, however, still wish - reasonably - to have access to the benefits of union membership. Yours sincerely, Jonathan Hamberger Employment Advocate
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