Wednesday, 3 August 2022

Clarence Enterprise Agreement update: Vote NO

As you know, the vote for the Enterprise Agreement (EA) opens tomorrow. The CPSU NSW was on-site today and it is our opinion that the latest offer from Serco is underwhelming at best and should be strongly rejected by all employees.

There are a number of misconceptions about the EA that should also be addressed prior to tomorrow’s vote.

Can Serco refuse to bargain in the event of a majority no vote?

No. The Fair Work Act 2009 obligates employees and union representatives to bargain in good faith. Serco is not released from this obligation simply because of a no vote. Any assertion by Serco that there will be no more bargaining if the EA gets voted down is factually incorrect and should be dismissed by members.

Can Serco take the offer off the table in the event of a majority no vote?

Technically speaking, it can. However, Serco must still bargain, and it should suffice to say that refusing to table another offer or negotiate in good faith is not in the interests of Serco. Forcing an employer back to the table after a no vote is a hallmark of the current industrial relations framework. Our next step after a no vote will be to decide how best to strategically pressure Serco into offering more than what is currently on the table.

Will there be any adverse repercussions for those people who vote no?

Absolutely not. You have a right to exercise your vote in a confidential manner and any statement to the effect that you will be punished for voting no is a clear breach of this right. If you have been told that this is the case, then please contact the CPSU NSW as a matter of urgency.

CCO1s under the new EA – what do I get paid?

The CPSU NSW has sought clarification from Serco about the rates for those CCOs from the January 2022 ITC. We have asked that Serco confirm that these rates will be grandfathered under the new EA and that they are recognised as being CCO2s notwithstanding the fact that they fall squarely within the definition of CCO1 under the new EA. Technically this cohort can be classified as CCO1s, despite the fact that they have been paid at the CCO2 rate since they graduated. This is a drafting oversight and we have asked that Serco respond to our enquiry as a matter of urgency. We will let members know what Serco says as soon as we receive a response.

The CPSU NSW believes that members are worth a lot more than Serco thinks you are worth. Vote NO to the latest offer and stand together as a union in solidarity for better wages and conditions at work.

United We Bargain, Divided We Beg!


If you are not a member then you can join the CPSU NSW HERE.