OPTUS/CWU EBA 2012 Telstra EBA Home

Bargaining: the nuts and bolts of bargaining

This is the second time that CWU members have bargained with Optus under the rules laid down by Labor's Fair Work Act. So for many E-bulletin readers the rules of engagement will have been familiar even before they received their bargaining kit from Telstra. By way of reminder, here are some of the key features of the Labor bargaining system.

Bargaining representatives.

Every employee has a right to be represented in bargaining by a representative of his or her choice and the employer must advise them of this fact. Union members are automatically represented by their union unless they explicitly decide otherwise. Other employees may choose to be represented by an individual or a specialist bargaining company. In fact, though, very few employees choose to go down this path.

What this means in practice is that many Optus employees won't be directly represented in bargaining at all and won't get a say in the direction that negotiations take over the next 6 or more months. Being a union member is an employee's best guarantee of getting his/her issues on the table and having input into the way negotiations proceed.

Good faith bargaining.

Under Labor's laws, employers cannot refuse to bargain as they could under the Howard government's WorkChoices legislation. What's more they must bargain in "good faith" - as must employee bargaining representatives, including unions. The "good faith" rules do not, however, require negotiators to reach agreement.

If no agreement can be reached both employees and employers may consider protected industrial action. Arbitration by Fair Work Australia (FWA) of the issues under dispute is generally not available unless the stalemate has reached a crisis point as occurred with the recent Qantas dispute. Many commentators on both the employer and union side of the debate regard this as a major problem with the Fair Work Act.

Voting on the EA.

All employees who will be covered by the new EA will be able to vote on any proposal for an agreement.