Application to terminate protected industrial action

Endeavour Energy has welcomed an agreement by the Electrical Trades Union (ETU) to stop protected industrial action on four critical electricity feeders at risk of failure since February 2024.

The feeders supply electricity to over 16,500 homes, small businesses, sewage switching stations, schools, retirement villages, warehouses and large data centres.

The ETU also agreed to restore permanent electricity supply to a public school in Baulkham Hills which lost power due to a cable fault on 5 June 2024. The school has been powered by a large, noisy diesel generator outside classrooms, prompting complaints from parents, teachers and local MPs.

The 11th hour offer by the ETU followed Endeavour Energy’s application to the Fair Work Commission on Friday 9 August 2024 to terminate protected industrial action under section s424 of the Fair Work Act.

“As an essential service, our first priority is to the safety of the people who depend on us 365 days a year to power their homes and communities,” a spokesperson for Endeavour Energy said.

“While these small concessions are welcome developments, they do not alleviate the risks to customers’ health, safety and welfare caused by a significant amount of work not undertaken to date because of industrial action. We estimate this will take 12 months to complete once industrial action ends.”

Endeavour Energy argued that the ETU’s industrial action, held on an almost daily basis since 1 February 2024, is threatening energy security to thousands of customers, including thousands of life support customers who depend on power for life sustaining medical devices.

After receiving the commitments earlier yesterday morning from the ETU, Endeavour Energy’s application to terminate protected industrial action under s.424 of the Fair Work Act was dismissed by Fair Work Commission Deputy President Slevin.

While we wait for the specific reasons for the decision, the Deputy President noted that having heard the evidence and submissions of the parties, he was not satisfied that the requirements under s424 (1) for the making of the order were met.

“On behalf of the 1.2 million customers who depend on us, we are deeply disappointed that our application to terminate protected industrial action was dismissed,” an Endeavour Energy spokesperson said.

“We believe this decision does not adequately address the urgent risks posed by the continued industrial action, as it gives no assurance to thousands of customers who have contacted us complaining about the impact that industrial action has had and continues to have on their health and wellbeing.

“We have repeatedly and unsuccessfully sought the ETU’s assistance to pause protected industrial action to enable permanent repairs to critical sections of the electricity network powering thousands of customers. The ETU has had months to agree to repair critical feeders powering homes and communities. But it only agreed to do so in the face of legal action by Endeavour Energy.

“The ETU’s legal team argued that the Fair Work Act allows for the inconvenience, discomfort, annoyance and dissatisfaction that customers experience from protected industrial action. They disagreed that the action that results in customers not having electricity supply for extended periods was risking the health, safety and welfare of customers,” an Endeavour Energy spokesperson said.

Endeavour Energy said it will consider its position once the detailed reasons are known.