Fair Work has failed to approve the Electorate Officer Agreement citing an administrative error committed by Parliament more than 18 months ago when the original Notice of Employee Representational Rights was issued and before bargaining even commenced.

This absurd situation is one of the reasons why CPSU is strongly supporting the ACTU's Change The Rules campaign with 12 days of action ahead so that this narrow black letter law approach to industrial relations stops hurting working people.

Here's what Fair Work has said.

'Upon preliminary review of the application, it appears that the notice of employee representational rights contains content that is not prescribed by Schedule 2.1 of the Fair Work Regulations. The content in the notice that is identified as not being prescribed is removal of the word “employer” from the final paragraph of the notice and the insertion of the words “Richard Jordan, 8682 2610”.

It would appear that, ................., the notice in this case does not comply with the Act as it departs from the form prescribed in Schedule 2.1 of the Regulations, and is therefore invalid. It seems to follow that as no valid notice of employee representational rights was given to employees, the Agreement cannot be approved.'

Fair Work has said that because the Parliament of Victoria replaced the word 'Employer' on the NERR with 'Richard Jordon and his contact number', the agreement cannot now be approved.

I kid you not and this rejection (stupidity) must add further momentum, if it was ever needed, to our Change The Rules campaign.

What this will probably mean is the Notice of Employee Representational Rights (NERR) will have to be re-issued.

This means a delay of at least 21 days under the Fair Work Act and then a further 7 day period must be made available for employees to consider the new Agreement before it is put to a new ballot.  

This will probably mean a two month at least before the proposed new Agreement goes before Fair Work again to be approved. 

CPSU is speaking with Parliament about ways we can ensure that no-one is disadvantaged and also exploring possible options to give Electorate Officers payment of new salary rates and back pay through administrative action prior to the new proposed Agreement being approved by Fair Work. 

For further information please contact CPSU Team Leader Andy Capp or telephone (03) 9413 6623 or 1800 810 153 toll free.

CPSU will keep members updates about our discussions with Parliament about this.