On Monday, 4 June 2007 an article in The Australian, "Bosses warn against return of pattern bargaining after union deal", implied that the Department of Employment and Workplace Relations (DEWR) had approved an agreement for the purpose of pattern bargaining. This is incorrect.
The article states that National Electrical Contractors Association chief executive officer Philip Green acknowledges that the deal represents pattern bargaining and that Electrical Trades Union (ETU) secretary Dean Mighell has been referring to it as the “pattern bargaining” deal.
The article relates to a Code compliance assessment by DEWR of an agreement negotiated between a company and the ETU for the period 2006 to 2010.
In accordance with the National Code of Practice for the Construction Industry (the Code), workplace arrangements should reflect the needs and circumstances of the particular workplace and its employees, as opposed to the "one-size-fits-all" approach which pattern bargaining represents.
Contrary to what is stated in the newspaper report, DEWR’s advice specifically noted that the assessment:
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applied solely to the industrial arrangements of the company who had sought the assessment
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was provided on an interim basis
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could not be used as the basis of demonstrating the Code compliance of any other employer and,
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required further steps to be taken by the company to achieve Code compliance. These steps included providing written confirmation that the practical on-site application of the clauses in the agreement will not be inconsistent with the requirements of the Code and Guidelines, and that the agreement does not contain prohibited content.
In light of this interim assessment, all electrical contractors in Victoria that may wish to use this agreement as the basis for development of their own industrial arrangements should independently seek a compliance assessment from DEWR. Failure to do so may limit their ability to lodge an expression of interest or tender for Australian Government funded construction work.
Further information in relation to the National Code and Guidelines can be obtained by contacting the ABCC hotline on 1800 003 338.