Territory Generation enterprise agreement negotiations

The enterprise agreement negotiations have begun for Territory Generation.

Read the following:

Bulletins

During the bargaining process, you will be kept informed through bulletins and information sheets published on this page.

These bulletins only apply to employees covered by the 2018-2022 Territory Generation enterprise agreement.

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The 2018-2022 Territory Generation Enterprise Agreement is due to expire on 15 July 2022, and I have agreed with the unions (ETU/CPSU/AMWU/PA), to commence bargaining for a new agreement.

Initial bargaining meeting

The initial bargaining meeting is scheduled as follows:

Date: Wednesday 23 March 2022
Time: 9am
Location: Building 3, Level 3
Multi-Purpose Room
631 Stuart Highway
Berrimah NT 0828

Bargaining representatives

The Fair Work Act 2009 imposes rights and obligations on employers, unions and employees with respect to the bargaining process. Attached for your information is the required statutory Notice of Employee Representational Rights, advising employees of the right to be represented in relation to the bargaining process.

Instruments of appointment for bargaining representatives can be forwarded before the initial meeting (or at any time during the bargaining process) by email to enquiries.ocpe@nt.gov.au or by mail to:

Attention: Employee Relations
Office of the Commissioner for Public Employment
GPO Box 4371
Darwin NT 0801

Bargaining representatives are requested to contact my office on 08 8999 4282 to confirm meeting dates.

More information

Regular updates in relation to the bargaining process will be posted on this OCPE webpage dedicated to the Territory Generation Enterprise Agreement Negotiations.

Information on bargaining in general can be obtained on the Fair Work Commission website or you can call their information line on 1300 799 675.

Vicki Telfer PSM
Commissioner for Public Employment
March 2022

The first negotiation meeting for a new Territory Generation (T-Gen) Enterprise Agreement was held on Wednesday 23 March 2022. This was a productive meeting and was attended by union representatives and delegates, a self-nominated bargaining representative, and representatives from Territory Generation and my office.

I advised that I am seeking an enterprise agreement that falls within the Northern Territory Public Sector Bargaining Policy 2021- 2024, and outlined a proposal with a wide range of improved conditions of employment.

The unions advised they have formed a Single Bargaining Unit (SBU), and provided preliminary discussions around their log of claims. The SBU advised that they should be in a position to provide a finalised log of claims at our next meeting scheduled for 30 March 2022.

We will work constructively in bargaining negotiations over the coming months to finalise a proposed new agreement, and it is my intention to issue a formal offer to employees no later than 14 July 2022.

It is important you are kept informed on the progress of negotiations as these proposals relate to your employment.

Details of the proposals

Below is an outline of the employer’s proposed conditions:

  • A 4 year agreement with an expiry date of 15 July 2026.
  • $4,000 lump sum payment will be paid after the new agreement has been approved by the Fair Work Commission; and then $2,000 12 months after the expiry of the current agreement and annually thereafter (July 2023, 2024 and 2025).
  • Hosted apprentices to have access to employee assistance programs during their hosted apprenticeship; and recognition of their apprentice service for long service leave (LSL) and parental leave purposes, once employed by T-Gen.
  • Australian Defence Force service to be recognised for prior service for LSL purposes.
  • Increase casual loading from 20% - 25% and include Fair Work Act 2009 casual conversion rights and obligations (sign post).
  • Extra duty allowance improvements (to count on parental leave) and clarification on interaction with availability allowance provisions.
  • Include non-shift working operator maintainer classification in rostered day off clause
  • Replace reference to 'our plan' and with 'performance achievement system' including removal of descriptiveness of process, and review of pay progression in descriptors that are addressed under the pay progression clause.
  • Update pay parity clause in descriptors to include job evaluation only to be undertaken post change in role responsibilities.
  • Commitment to pass on improvements if there are changes to the Wages Policy 2021 – 2024.
  • 3 days Christmas closedown leave, or where part of T-Gen does not closedown, employees will be able to bank the equivalent of 3 working days (eg. 22.5 hours), to be taken within the following 12 months.
  • No involuntary redundancies for term of the agreement (exception will be if an employee has been surplus for 2 years).
  • No reduction in current and future entitlements during term of the new agreement, and general employment conditions won’t be varied without consultation and agreement between the parties.
  • CPI increase will apply for allowances covered by determination 1 of each year.
  • War service provisions to be improved and included in the agreement.
  • The Australian First Nation’s definition of ‘kinship’ will be included in the agreement for the purpose of providing 5 days paid leave for kinship obligations (sorry business).
  • Domestic and family violence leave extended to cover circumstances of sexual violence.
  • Infectious disease leave provisions to note employees may be eligible for workers compensation entitlements in accordance with the Return to Work Act 1986.
  • New provisions supporting a safe and healthy work environment (recognising rest breaks (other than meal breaks) and remote employees and travel for work), to ensure safe work practices.
  • Acknowledging the NTPS Aboriginal Employment and Career Development Strategy for 2021 – 2025 and Employment Instruction Number 15 (special measures) as a key policy initiatives.
  • Work life balance provisions to provide all requests for flexible work to be considered within 21 days, and may only be refused on reasonable business grounds; and only the CEO may decline a request to work from home.
  • Dispute settlement provisions to be improved by allowing disputes regarding refusals for requests for flexible work, or to extend parental leave, to be referred to arbitration.
  • Improved excess travel time provisions to allow TOIL up to the maximum of the band 3.
  • Union delegate leave improved by removing the existing 12 month service requirement to be eligible for paid union delegate training leave.
  • Move leave related by-laws relevant to T-Gen into the enterprise agreement (eg. leave without pay, miscellaneous leave, defence service leave); and update other leave provisions in line with  by-laws/common conditions (eg. jury service, release to attend as a witness, arbitration business).
  • Where operationally viable, and where flexitime or time off in lieu is not available, provide for up to three hours NAIDOC leave per annum to attend NAIDOC march and approved activities.
  • Move foster and kinship carers leave into the enterprise agreement (currently in determination 7 of 2020).
  • Gender transition leave will be introduced to support diversity at work, providing 4 weeks paid leave and 12 months unpaid.
  • Improved paid compassionate leave of 5 days for immediate family and household members (and new provision to cover stillborn child).
  • New compassionate leave entitlement of 3 days paid leave on the death of an employee’s extended family member (eg. aunt, uncle, niece, nephew or first cousin).
  • New miscarriage provision to be covered under compassionate leave – 3 days paid leave.
  • Improve existing miscellaneous leave entitlement to allow an employee to access up to one hours paid leave per annum for mental health screening and cancer screening.
  • Inclusion of 'flexible-lifestyle leave' (currently purchased leave) to support work life balance and improve entitlement to allow purchase of up to 8 weeks leave.
  • Enhance existing entitlements to support family responsibilities for an employee to have the right to return from parental leave on a part-time basis for up to 6 months.
  • New entitlement for pre-natal leave to allow for a pregnant employee, and an employee whose partner is pregnant, access to 8 hours paid leave per pregnancy for the purpose of attending pregnancy-related medical appointments.
  • Paid leave of 2 days for pre-adoption interviews. Paid leave for permanent care order applications and interviews for foster and kinship carers.
  • Superannuation guarantee (SG) payments on parental leave – SG will be doubled for primary care giver; and partner leave eligibility provisions will provide SG for 12 months.
  • Expanded definition of ‘continuous service’ under parental leave will allow employment with other NT Government agencies (eg. NT Police and AAPA) to count for service based entitlements.

Have your say – your feedback is important

Should you wish to express a view on the proposals or make a suggestion, you can provide your feedback to me by emailing enquiries.ocpe@nt.gov.au.

More information

Regular updates in relation to the bargaining process will be posted on this OCPE webpage dedicated to Territory Generation Enterprise Agreement Negotiations.

Information on bargaining in general can be obtained on the Fair Work Commission website or you can call their information line on 1300 799 675.

I am pleased to report that negotiations with the Single Bargaining Unit (SBU) have been productive, with the parties meeting on a weekly basis.

The current enterprise agreement nominally expired on the 15July 2022 however all current conditions continue to apply until a new agreement is negotiated.

It is usual during negotiations for parties to indicate their ‘in principle’ agreement to particular claims and there are several matters where in principle agreement has been reached.

The parties will continue to work constructively and I expect to be in a position to make an offer in the coming weeks.

Have your say – your feedback is important

Should you wish to express a view on the proposals or have feedback, you can provide your feedback to me by emailing enquiries.ocpe@nt.gov.au

More information

Regular updates in relation to the bargaining process will be posted to the OCPE Webpage dedicated to Territory Generation Enterprise Agreement Negotiations.

Information on bargaining in general can be obtained at www.fwc.gov.au or you can contact the Fair Work Commission information line on 1300 799 675.

Vicki Telfer PSM
Commissioner for Public Employment
18 July 2022

Formal offer by the Commissioner for Public Employment

I am pleased to advise that on 27 July 2022, I made an offer to settle the Territory Generation enterprise agreement negotiations.

We have worked hard and listened to your feedback to arrive at a balanced offer, which seeks to provide good improvements for all employees.

The below summarises the details of the offer. View the full details of the offer PDF (766.4 KB).

Summary of the offer

$10,000 over 4 years (plus employer superannuation guarantee):

  • $4,000 lump sum (gross) paid after the agreement is approved
  • $2,000 lump sum (gross) in July 2023, 2024 and 2025
  • Counts for superannuation (excluding for Defined Benefit schemes - NTGPASS/CSS).

New Christmas closedown leave:

  • A new entitlement providing paid Christmas closedown leave. Employees who are required to work during the closedown will be able to bank 3 days (22.5 hours) of Christmas closedown leave.

No involuntary redundancies for term of the agreement:

  • No involuntary redundancies for the term of the agreement (does not apply to redeployees greater than 2 years).

Commitment if changes in the wages policy:

  • Should there be a change to the wages policy during the term of the agreement that provides for additional benefits above those contained in this offer (such as an increase to salaries above the value of the lump sum payment) these will be passed on through a determination.

Employee rights and entitlements:

  • No reduction to current or future employee rights and entitlements.
  • The commissioner undertakes that for the term of the agreement, general employment conditions specified in the PSEM by-laws and determinations will not be varied without consultation and agreement with the affected parties prior to the formalisation of an amendment.

Allowances:

  • Continue Darwin CPI increases on allowances listed in Determination Number 1 of 2022 relevant to the enterprise agreement. The allowances will not reduce if the Darwin CPI decreases.
  • Extra Duty Allowance (EDA) will be paid on periods of paid parental leave on the basis that the clause is clarified to note public holiday provisions provided for under Availability Allowance do not apply to EDA.
  • Agree to pay Team Leader Allowance on public holidays and clarify that it is payable on a daily basis.
  • Commitment to work with the GCC to understand the knowledge, skills and duties related to high voltage work that may warrant an extra allowance.

Improvements to leave provisions:

  • Compassionate leave:
    • increased to 5 days in the case of an immediate family member.
    • new provision for 3 days paid leave on the occasion of the death of an extended family member (aunt, uncle, cousin) or in the case of miscarriage.
  • Domestic and family violence leave provisions extended to include sexual violence outside the domestic setting.
  • Kinship Obligation Leave - 5 days paid leave to attend ‘Sorry Business’ or related purposes.
  • NAIDOC leave - up to 3 hours of paid leave per annum to attend a NAIDOC march and approved activities.
  • By-law provisions included in the agreement (blood donation leave, defence leave and leave to engage in voluntary emergency management activities).
  • Gender transition leave - up to 12 months leave, inclusive of 4 weeks paid and 48 weeks unpaid leave.
  • Health screening leave - one hour paid leave per year for the purpose of undertaking a health screening test associated with a public health screening program.
  • Improved war service leave to recognise injury from war-like service.
  • Improved leave for voluntary emergency management activities including reasonable rest time.

Improvements for parents:

  • Builds on current generous paid parental leave provisions (14 weeks after 12 months service, 18 weeks after 5 years services).
  • Expanded definition of ‘continuous service’ under parental leave.
  • Improvements to payment of employer superannuation guarantee contributions (SG) during the first 12 months of parental leave:
    1. SG paid during paid and unpaid partner leave provided the employee’s spouse is also an NTPS employee
    2. SG paid at double the legislated rate during a period of paid primary caregiver leave or special maternity leave (stillbirth).
  • New pre-natal leave provision -up to 8 hours leave for pregnancy related medical appointments.
  • Improved provision for employees returning from parental leave - right to return on a part-time basis for at least 6 months, where the employee so choses (replacing ‘right to request’).
  • Foster and kinship carer leave - improved to provide 2 days paid leave to attend permanent care order interviews.
  • Pre-adoption leave - improved to provide paid leave to attend interviews or examinations required in order to obtain approval for the employee’s adoption of a child.

Dispute settling procedures:

  • Removal of the current exemptions regarding refusals for flexible work or to extend parental leave.

Union delegate training leave:

  • Removal of the existing 12 month service requirement to be eligible for paid union delegate training leave.

Flexible work improvements:

  • Ability to purchase up to 8 weeks additional leave per year.
  • Only CEOs will have the authority to refuse an employee’s request to work from home.
  • Removal of forfeiture of flextime.

Aboriginal recruitment, training and career progression:

  • Agreement will acknowledge the NTPS Aboriginal Employment and Career Development Strategy for 2021 to 2025, and Special Measures as a key policy initiatives.

Safe and healthy work environment:

  • Provides a commitment to supporting sector-wide guidelines to ensure work health and safety of employees, and providing reasonable unscheduled short breaks.
  • the establishment of a Workplace Health and Safety Committee, incorporating health and safety representatives.

Use of contractors for core work provisions:

  • The existing use of contractors for core work provisions will be maintained in the agreement and will be improved to include the Generation Consultative Committee reviewing contractor use quarterly.

Improvement to Performance Achievement System:

  • Replace reference to ‘our plan’ to ‘performance achievement process’.
  • Remove descriptiveness of process and requirement for quarterly reviews.
  • Simplified template to ensure process is more efficient.

Apprentices:

  • Hosted apprentices currently have their prior service recognised for Long Service Leave purpose however, will be entitled to new conditions of:
    • three weeks personal leave on commencement of employment with T-Gen
    • recognition of service for parental leave purposes
    • access to the Employee Assistance Program
    • 12 month contract upon completion of apprenticeship.
  • Guaranteed commitment to intake 2 apprentices a year subject to maintaining up to a total of 8 apprentices.

Australian Defence Force (ADF) service to be recognised for prior service:

  • ADF service will be recognised for prior service for Long Service Leave purposes subject to current by-law 8 provisions.

Rostered Day Off (RDO):

  • RDO provisions will be updated to include non-shift working Operator Maintainer classifications in the RDO clause.

Pay Parity:

  • Updates to the pay parity clause in descriptors will include job evaluations are only to be undertaken post significant change in role responsibilities.

Types of employment:

  • New clause to provide definitions of types of employment including ongoing, fixed term and casual.

Casuals:

  • Increase casual loading from 20% to 25%
  • Minimum daily engagement to be 3 hours where superannuation will be paid on the full 3 hours (provided the hours to not attract overtime).
  • Replacing the existing automatic conversion provisions, with principles enabling casual employees to request the conversion of their employment after 12 months.

Leave to attend industrial relation business

  • Will no longer require a summons to attend the Fair Work Commission.

Callouts:

  • Improved provisions to ensure ability to stand down employees (take a break) after attending duty while on call to limit risk of fatigue.

Maintain existing enterprise agreement commitments including:

  • Relocation - employees are not required to unreasonably relocate.
  • Shift penalties - review application of clause 76.9 regarding application of payment on public holidays.
  • Rostered days off - ability to substitute public holidays that fall on RDOs.
  • Professional Development Allowance - agree to increase in line with CPI adjustments.
  • Availability Allowance - to apply to administrative staff.
  • Travel Allowance - will continue to apply in the new agreement.

Determinations:

The following provisions currently provided for in Commissioner’s Determinations will be incorporated into the agreement:

  • Appointment above the base – Technical Coordinator and Technical Specialist designations.
  • Dual Trade Market Allowance.
  • Skills Allowance for OHS advisors (provided such officers will do field work as required which is the purpose of the allowance).
  • Casual employment (covered under types of employment).
  • Eight hour leave accrual on 12 hour shifts.

Emerging technologies:

  • Emerging technologies clause being considered.

Operational matters:

There were a number of matters raised by parties pertaining to the application of entitlements and conditions, that were addressed in bargaining either through explanation or, reviewed and improved application, such as, RDO days being able to be moved by mutual agreements, being on-call on an RDO; payment of travel allowances in advance and a letter commitment provided regarding sound recording on CCTV cameras on sites.

T-Gen will also work with delegates on key policy or operational matters such as:

  • supporting documents to explain changes to proposed agreement and support a roadshow to the regions once the new agreement is approved by the Fair Work Commission
  • ensuring frontline employees are consulted during any review following a natural disaster
  • reviewing and considering options for the transport of employees between Alice Springs and Owen Springs Power Station, and
  • the development of a reconciliation action plan.

Have your say - your feedback is important

Should you wish to express a view on the proposals or make a suggestion, you can provide your feedback to me by emailing enquiries.ocpe@nt.gov.au

Next Steps

I have asked union representatives in bargaining to provide me with feedback in the coming weeks.

More information

Regular updates in relation to the bargaining process will be posted to the OCPE Webpage dedicated to Territory Generation Enterprise Agreement Negotiations.

Information on bargaining in general can be obtained at www.fwc.gov.au or you can contact the Fair Work Commission information line on 1300 799 675.

Vicki Telfer PSM
Commissioner for Public Employment
28 July 2022

On 27 July 2022 I made an offer to settle the Territory Generation enterprise agreement negotiations. The Single Bargaining Unit have acknowledged that the offer provides some improvements which are quite progressive, however have advised that the offer was not supported by its members and they are pursuing their outstanding claims.

Notice of Protected Industrial Action

The Electrical Trades Union (ETU) were recently granted approval from the Fair Work Commission to conduct a ballot of their members to take protected industrial action.

The ballot was successful and the ETU have now provided two notices of protected industrial action.

The protected industrial action notified is for:

  • “An unlimited number of stoppages of work, including consecutive stoppages of work, for up to and including 1 hour”.

    The ETU have notified of four separate stoppages of work for up to and including 1 hour, on Wednesday 14 September 2022, commencing and concluding at the following times:

    • 9:00am – 10:00am
    • 10:00am – 11:00am
    • 11:00am – 12:00pm
    • 12:00pm- 13:00pm
  • An unlimited number of indefinite or periodic bans on the performance of work on scheduled RDOs (unless in emergency situations)

    The ETU have notified that this action will commence at 12:00am on Friday 16 September 2022 and will conclude at 11:59pm on Friday 16 September 2022.

Only employees who are members of the ETU can participate in the action.  Partaking in protected industrial action by members is voluntary, and eligible employees are not required to participate.

Employees who are ETU members that participate in the stoppage of work will be deducted pay for the period of the stoppage.  This is a mandatory requirement of the Fair Work Act 2009 (the Act), which prohibits an employer from making payment to an employee for the total duration that the employee engages in the industrial action.

Unprotected Industrial Action

Non ETU members who participate in the industrial action will be taking unprotected industrial action.  In accordance with the Act, I am required to deduct salary for unprotected industrial action as follows:

  • Where the period of the industrial action is less than 4 hours on that day, the employer must withhold 4 hours payment from the employee; or
  • If the period of the industrial action is 4 or more hours on that day, the employer must withhold payment for the total duration of the industrial action.

Employees not participating in the Protected Industrial Action

Employees who are ETU members, or who may be eligible to join the ETU, are asked to contact your manager and advise them if you will, or won’t be, participating in the industrial action. This will enable the Territory Generation to plan for alternate arrangements during the action periods.

Employees not participating in the protected industrial action may be required to perform duties in areas being impacted by the action.

It is important to note that members of the ETU have a right to take protected industrial action, and they also have a right to not participate.  No adverse action must be taken against an employee exercising their right.  If you have any concerns these must be immediately reported to your manager.

Important information for employees and members considering taking protected industrial action

While I respect the right of employees to take protected industrial action, I remind employees who are considering taking protected industrial action to be aware of the following:

  • Partaking in protected industrial action is voluntary.  Members eligible to take action are not required to participate.
  • Only employees who are members of the ETU are eligible to participate in protected industrial action.
  • Only actions that ETU notify me of may be taken as protected industrial action.  Taking other action that is not notified will be unprotected.
  • Deductions from salary will be required from union members who engage in work stoppages, for the total duration of stoppage.
  • Non-members who participate in any industrial action will be considered to be taking unprotected industrial action and, in accordance with the Act, I am required to deduct a minimum of 4 hours salary for any unprotected industrial action.

Please also note that during a period of industrial action employees remain subject to the code of conduct with regard to appropriate workplace behaviour.  This means no bullying, no harassing, and no aggressive behaviours by any employees.

More information

Regular updates in relation to the bargaining process are available on the OCPE Webpage.

Vicki Telfer PSM
Commissioner for Public Employment
9 September 2022

As reported in Bulletin 5 a protected action ballot was recently conducted and approved by members of the Electrical Trades Union (ETU).  ETU have now provided me with a notice of protected industrial action.

The protected industrial action notified is for:

  • An unlimited number of indefinite bans on performing fuel dips

    The ETU have notified of five separate occasions commencing and concluding on the following days:
    • 12:00am – 11:59pm – on Saturday 17 September 2022
    • 12:00am – 11:59pm – on Sunday 18 September 2022
    • 12:00am – 11:59pm – on Monday 19 September 2022
    • 12:00am – 11:59pm – on Tuesday 20 September 2022
    • 12:00am – 11:59pm – on Wednesday 21 September 2022

Only employees who are members of the ETU can participate in the action.  Partaking in protected industrial action by members is voluntary, and eligible employees are not required to participate.

Notice of Protected Industrial Action - AMWU

A protected action ballot was recently conducted and approved by members of the Australian Manufacturing Workers Union (AMWU).  AMWU have now provided me with notices of protected industrial action.

The protected industrial action notified is for:

  • An unlimited number of indefinite or periodic bans on the performance of work on scheduled RDOs (unless in emergency situations)
    This action will commence at 12:00am on Friday 23 September 2022 and will conclude at 11:59pm on Friday 23 September 2022.
  • An unlimited number of indefinite or periodic bans on the filling out of Outage and Test Requests (OTRs)
    This action will commence at 12:00am on Wednesday 21 September 2022 and will conclude at 11:59pm on Sunday 25 September 2022
  • An unlimited number of indefinite or periodic bans on re-setting dual fuel trips
    This action will commence at 12:00am on Wednesday 21 September 2022 and will conclude at 11:59pm on Wednesday 28 September 2022.
  • The distribution of information to clients, the public and media in the form of wearing campaign clothes, stickers, badges or other promotional products displaying logos, slogans and messages about the reason for industrial action provided it is safe to do so  
    This action will commence at 12:00am on Wednesday 21 September 2022 and will conclude at 11:59pm on Wednesday 21 December 2022.
  • The distribution of information to clients, the public and media in the form of a link to a ‘Wage Freeze Campaign’ website on all emails  
    This action will commence at 12:00am on Wednesday 21 September 2022 and will conclude at 11:59pm on Wednesday 21 December 2022.

Only employees who are members of the AMWU can participate in the action.  Partaking in protected industrial action by members is voluntary, and eligible employees are not required to participate.

Unprotected Industrial Action

Non members of the ETU and AMWU who participate in the industrial action specified for their members will be taking unprotected industrial action.  In accordance with the Act, I am required to deduct salary for unprotected industrial action as follows:

  • Where the period of the industrial action is less than 4 hours on that day, the employer must withhold 4 hours payment from the employee; or
  • If the period of the industrial action is 4 or more hours on that day, the employer must withhold payment for the total duration of the industrial action.

Employees not participating in the Protected Industrial Action

Employees who are members of the ETU and AMWU, or who may be eligible to join these Unions, are asked to contact your manager and advise them if you will, or won’t be, participating in the industrial action. This will enable the Territory Generation to plan for alternate arrangements during the action periods.

Employees not participating in the protected industrial action may be required to perform duties in areas being impacted by the action.

It is important to note that members of the ETU and AMWU have a right to take protected industrial action, and they also have a right to not participate.  No adverse action must be taken against an employee exercising their right.  If you have any concerns these must be immediately reported to your manager.

Important information for employees and members considering taking protected industrial action

While I respect the right of employees to take protected industrial action, I remind employees who are considering taking protected industrial action to be aware of the following:

  • Partaking in protected industrial action is voluntary.  Members eligible to take action are not required to participate.
  • Only employees who are members of the ETU and AMWU are eligible to participate in protected industrial action specified for their members.
  • Only actions that the ETU and AMWU notify me of may be taken as protected industrial action.  Taking other action that is not notified will be unprotected.
  • Deductions from salary will be required from union members who engage in work stoppages, for the total duration of stoppage.
  • Non-members who participate in any industrial action will be considered to be taking unprotected industrial action and, in accordance with the Act, I am required to deduct a minimum of 4 hours salary for any unprotected industrial action.

Please also note that during a period of industrial action employees remain subject to the code of conduct with regard to appropriate workplace behaviour.  This means no bullying, no harassing, and no aggressive behaviours by any employees.

More information

Regular updates in relation to the bargaining process are available on the OCPE Webpage.

Vicki Telfer PSM
Commissioner for Public Employment
15 September 2022

Notice of Protected Industrial Action - ETU

As reported in Bulletin 5 a protected action ballot was recently conducted and approved by members of the Electrical Trades Union (ETU). ETU have now provided me with a notice of protected industrial action.

The protected industrial action notified is for:

  • An unlimited number of indefinite or periodic bans on re-setting dual fuel trips.
    This action will commence at 12:00am on Wednesday 21 September 2022 and will conclude at 11:59pm on Wednesday 28 September 2022.
  • An unlimited number of indefinite or periodic bans on the filling out of Outage and Test Requests (OTRs).
    This action will commence at 12:00am on Wednesday 21 September 2022 and will conclude at 11:59pm on Sunday 25 September 2022.
  • The distribution of information to clients, the public and media in the form of a link to a ‘Wage Freeze Campaign’ website on all emails. 
    This action will commence at 12:00am on Wednesday 21 September 2022 and will conclude at 11:59pm on Wednesday 21 December 2022.
  • The distribution of information to clients, the public and media in the form of wearing campaign clothes, stickers, badges or other promotional products displaying logos, slogans and messages about the reason for industrial action provided it is safe to do so.
    This action will commence at 12:00am on Wednesday 21 September 2022 and will conclude at 11:59pm on Wednesday 21 December 2022.
  • An unlimited number of indefinite or periodic bans on the performance of work on scheduled RDOs (unless in emergency situations).
    This action will commence at 12:00am on Friday 23 September 2022 and will conclude at 11:59pm on Friday 23 September 2022.
  • An unlimited number of indefinite or periodic bans on performing fuel dips.
    This action will commence at 12:00am on Tuesday 27 September 2022 and will conclude at 11:59pm on Sunday 2 October 2022.

Only employees who are members of the ETU can participate in the action. Partaking in protected industrial action by members is voluntary, and eligible employees are not required to participate.

Notice of Protected Industrial Action - AMWU

As reported in Bulletin 6 a protected action ballot was recently conducted and approved by members of the Australian Manufacturing Workers Union (AMWU). AMWU have now provided me with notices of protected industrial action.

The protected industrial action notified is for:

  • An unlimited number of indefinite or periodic bans on re-setting dual fuel trips.
    This action will commence at 12:00am on Tuesday 27 September 2022 and will conclude at 11:59pm on Sunday 2 October 2022.

Only employees who are members of the AMWU can participate in the action.  Partaking in protected industrial action by members is voluntary, and eligible employees are not required to participate.

Unprotected Industrial Action

Non members of the ETU or AMWU who participate in the industrial action specified for their members will be taking unprotected industrial action.  In accordance with the Act, I am required to deduct salary for unprotected industrial action as follows:

  • Where the period of the industrial action is less than 4 hours on that day, the employer must withhold 4 hours payment from the employee; or
  • If the period of the industrial action is 4 or more hours on that day, the employer must withhold payment for the total duration of the industrial action.

Employees not participating in the Protected Industrial Action

Employees who are members of the ETU or AMWU, or who may be eligible to join these Unions, are asked to contact your manager and advise them if you will, or won’t be, participating in the industrial action. This will enable the Territory Generation to plan for alternate arrangements during the action periods.

Employees not participating in the protected industrial action may be required to perform duties in areas being impacted by the action.

It is important to note that members of the ETU or AMWU have a right to take protected industrial action, and they also have a right to not participate.  No adverse action must be taken against an employee exercising their right.  If you have any concerns these must be immediately reported to your manager.

Important information for employees and members considering taking protected industrial action

While I respect the right of employees to take protected industrial action, I remind employees who are considering taking protected industrial action to be aware of the following:

  • Partaking in protected industrial action is voluntary. Members eligible to take action are not required to participate.
  • Only employees who are members of the ETU or AMWU are eligible to participate in protected industrial action specified for their members.
  • Only actions that the ETU or AMWU notify me of may be taken as protected industrial action.  Taking other action that is not notified will be unprotected.
  • Deductions from salary will be required from union members who engage in work stoppages, for the total duration of stoppage.
  • Non-members who participate in any industrial action will be considered to be taking unprotected industrial action and, in accordance with the Act, I am required to deduct a minimum of 4 hours salary for any unprotected industrial action.

Please also note that during a period of industrial action employees remain subject to the code of conduct with regard to appropriate workplace behaviour. This means no bullying, no harassing, and no aggressive behaviours by any employees.

More information

Regular updates in relation to the bargaining process are available on the OCPE Enterprise Bargaining Webpage.

Vicki Telfer PSM
Commissioner for Public Employment
20 September 2022


Last updated: 10 May 2022

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