| Summary |
DISPUTE - Applicants sought declarations that union members entitled to annual performance review and that respondent exercise discretion to increase wages in fairly and in accordance with collective employment agreement (CEA") - Respondent considered met all obligations - CEA clear in requirements - Once performance review completed, union member to have remuneration reassessed in accordance with CEA and any applicable policies not inconsistent with CEA - Whether respondent's policies inconsistent as relied on negotiations with union for reviewing remuneration - Entirely acceptable for employer reviewing individual employees' performance in remuneration setting under CEA to negotiate with union - However, individual member had right to dispute his performance review and any resultant change to remuneration - Respondent must be able to demonstrate each union member fairly rewarded - Nothing to stop respondent doing that for each employee in consultation with union, so long as each employee's circumstances taken into account - Findings consistent with declarations sought by applicants - Declarations accordingly - Authority noted respondent considered it had met obligations - Only potential issue was that would be difficult for respondent to simply rely on existing policy of "generally" fixing union members' pay rates by one overall negotiation with union as would not take sufficient account of results of individuals' performance assessments" |