The Work Capacity Assessment Procedure is still in dispute. The ETU strongly advises that in the interim, members should hold off attending any medical assessment. If you are threatened with discipline, inform the person threatening you that you are exercising your legal right to be represented by your Union and contact your local delegate or Organiser immediately.
In the Fair Work hearing on 16th May 2017, Essential Energy and their Lawyers adamantly argued in front of DP Sams that they have not threatened or disciplined any employee for refusing to attend a Work Capacity Assessment appointment.
Last week Essential provided a revised Procedure to the ETU. The revised Procedure fails to restrict the scope of employees to Live Line & Heavy Vehicle employees which under statutory requirements, Work Capacity Assessments must be carried.
Essential also failed to adequately address what happens if an employee is deemed “Unfit for substantive duty –permanently”.
The ETU has advised Essential that the matter remains in dispute and the Union intends to relist the matter before DP Sams.
Members are reminded you are legally entitled to have ETU Representation in any employment matter including investigations, performance matters, disciplinary matters, safety matters etc. The ETU will keep members updated on this matters through our ETU workplace delegate’s network, Facebook and via the ETU website.