Notification under section 130 by New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union of a dispute with Essential Energy re competency based position description alignment [2012] NSWIRComm 62

Industrial Relations Commission New South Wales Medium Neutral Citation: Notification under section 130 by New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union of a dispute with Essential Energy re competency based position description alignment [2012] NSWIRComm 62 Hearing dates: 18 April 2012 Decision date: 29 June 2012 Jurisdiction: Industrial Relations Commission Before: Harrison DP Decision: Revaluation of classification Catchwords: Dispute re job evaluation Meter Data Agency Officers - position falling across two categories. Progression allowed to first two levels of higher category on satisfactory service. Progression not to be withheld when requirement for skills and competencies of higher qualification proven. Legislation Cited: The Industrial Relations Act 1996 Category: Principal judgment Parties: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (Applicant) Essential Energy (Respondent) File Number(s): IRC 349 of 2011 Publication restriction: No

DECISION 1These proceedings were initiated by an application pursuant to s146B of the Industrial Relations Act 1996 ("the Act") by New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU). 2The notification detailed a dispute between the USU and Essential Energy ("the employer") concerning the outcome of evaluation of a competency based position description for employees in the position of Metering Data Agency (MDA) Officer. 3The matter was subject to a number of conference proceedings, culminating in a full day examination of the issue in Port Macquarie on 19 July 2011. A Statement issued on 25 July 2011 which better defined the issues and suggested some matters for the parties to consider. Relevant aspects of that Statement are repeated below: 7The Employees are employed in the Metering Data Agency (MDA) Group which has a total of eleven employees, eight of which do not dispute the MDA Officers CBPD. 8This dispute has a number of elements: Data Agency Officer or Technical Specialist? 9There is a dispute as to whether the three Employees properly fit within the CBPD for MDA Officer Certificate III in the salary range AO1 - AO7; or whether they fit within the CBPD for MDA Technical Specialist Certificate IV in the salary range TO1-TO4. 10During the course of the conference management put that the employees had earlier declared they could not claim incumbency in the Technical Specialist role and accordingly fell into the MDA Officer role. 11This is denied by the Employees, who assert that they did no more than advise that the Technical Specialist Certificate IV position description did not accurately describe their position and put specific job tasks and functions to management for inclusion therein. The complaint by the Employees is that those technical functions were incorporated within the MDA Certificate III position in a manner which "dumbed down" the position description to reduce remuneration. 12Management refute this version of events. 13I am advised that there is an email trail which provides documentary evidence of these communications. The parties are required to produce that documentation to allow further consideration of this point. Does the revised competency based position description (CBPD 0236) for Metering Data Agency Officer fairly include the technical aspects of the work? 14Most of the time spent in conference on 19 July 2011 dealt with specific consideration of the revised position description (MFI 3) which is the MDA Officer competency based position description (CBPD) annotated by the Union and Employees (in italics) to represent their view of how the technical aspects should be properly included in that position description. 15There was substantial agreement in respect to item 1 of the CBPD, which is Position Summary And Objectives; the concluded form is set out below, with the exception of points 5 and 6. 1Position Summary and Objectives The Meter Data Agency Officer is responsible for facilitating the receipt and delivery of quality metering data and support and key contact for internal and external customers in respect of their data needs. The position will be required to perform ongoing validation; substitution, fault notification and editing of all metering data. The duties extend to ensuring the accurate and timely flow of metering related data for all market participants and governing bodies, by providing analysis, reconciliation and resolution of any errors relating to data configuration issues relating to these functions.. The Metering Data Agency Officer is required to: (1)Configure and register complex metering installations an multiple database systems to allow for accurate and timely capture of meter data, complex meter configuration and site information in order to provide effective flow of data to all market participants and market regulators (2)Act as a key point of contact for complex meter data requests & configuration enquiries providing customers and stakeholders the most up to date version of data to allow the efficient flow of billing and customer transfer information, including the Identification, analysis and correction of identified exceptions (3)Collate information, perform (technical) analysis* and generate detailed reports (on critical issues) from metering configuration and distribute reports in a timely manner to all relevant stakeholders (recommending actions for the resolution of errors)** [* Analysis is 60/40 technical and non-technical - reference to analysis is sufficient to include both ** Recommendation of action is included in point 5 and deleted here] (4)Take responsibility for the monitoring (and ongoing development) of daily processing activities including complex computer based storage and reporting systems and (+further develop - not document) document processes for the effective capture, analysis and transfer of data, highlighting (analysing) systematic issues and recommending or implementing remedial action as required. (5)(Be accountable for the provision) Provide first level support including diagnostic testing and technical assistance to the MDA team and field staff during system failures and unplanned events in order to maintain market regulations, agreed standards and customer service levels (6)Generate reports for interpretation and analysis of data and report on critical issues, recommending actions for the resolution of errors or escalation of issues as required - Collate statistical data and historical information including, technical analysis of network data to identify and develop detailed analytical reports for customers and stakeholders both internal and external to Country Energy for general and regulatory reporting. (7)Install and administer software packages relevant to the MDA business including setting of (user accounts) passwords and access levels in conjunction with the Metering Laboratory and Technicians to create frequencies and data packages when and if required (8)Perform database administration tasks including liaising, with providers, downloading information and running and testing of reports when and if required (9)Provide support to metering services teams as required to ensure a streamline delivery of services for all metering teams ( not sure what this paint relates to) (10)(Review and monitor software and system applications) Monitor current knowledge of software and system applications in order to provide user input for the ongoing development of the various Metering software applications and participate in user acceptance testing of the products to meet business operational requirements (11)(Develop) Development and implementation of various procedures to comply with National Electricity Code and Quality Standards. [Changes discussed are noted above] 16Further consideration and resolution of dot point (5) above requires the Employees to provide specific examples of the tasks and functions performed which they assert constitute diagnostic testing and technical assistance beyond first level support, such as resetting hand held readers or passing equipment on to suppliers or other external providers for repair or reconfiguration. 17Dot point (6) above was unable to be resolved as it emerged that Management's position was established on the basis of specific advice by the MDA Team Leader who was not present or available for the proceedings. 18The parties should confer with the assistance of the Team Leader to resolve that item. 19Issues raised in Items 6 and 7 of the CBPD were resolved in the following manner: i.The issue raised in dot point 3 of Item 6 Knowledge Requirements went to the level of knowledge required of different metering configurations. The present position description calls for "fundamental knowledge". The parties were unable to provide information as to where the descriptor "fundamental" fit within the hierarchy of knowledge requirements, which includes, "good", "strong", "working", "practical", "current". ii.In respect to Item 7 Required Skills and Experience, the Employees sought recognition of capability in resolving meter and date configuration issues, which is resolved by amendment to dot point 2 to read: "Demonstrated experience in the use of integrated information systems relevant to the role which includes resolving meter and data configuration issues". Has the position been properly valued? 20Once points 6 and 10 of the Position Summary and Objectives above are resolved the revised position description should be subject to evaluation and the Employees informed of the process and conclusions so that they may fully understand how the ultimate evaluation has been determined and challenge it if so advised. General observations 21The relevant issue is the way in which Essential Energy has structured the roles, not how those functions or the roles involved may be organised or structured in other organisations. 22The level of qualifications required should be clearly identified. 23Management are firmly of the view that the position description should apply to all 11 employees in the MDA Group to provide a platform moving forward. Whether this is sustainable once all material has been collected and determined remains an issue between the parties. 24The Employees subject to this dispute have the benefit of salary maintenance arrangements and so far as the present proceedings have gone, no argument has been put that they are personally disadvantaged in terms of salary. 25The matter stands over to allow the parties to attend to the issues identified above with leave to relist at the request of either party. 4The parties gave consideration to the above matters and ultimately sought relisting of proceedings which took place on 30 January 2012. 5It was established that the matter would not be resolved in conciliation and the parties sought an expedited form of arbitration known as the "Bluescope Process". 6A Certificate of Unsuccessful Conciliation was issued and arrangements were put in place for preparation of the matter, inspection and further proceedings in Port Macquarie on 18 April 2012. 7On 18 April 2012 Mr S McNamara appeared on behalf of the USU with Ms N Falvey. Mr P Marzato appeared on behalf of the employer with Ms D Voltz. 8The Commission was provided with a settled Position Description for MDA Officer (Exhibit 3) which had been resolved through an extensive consultation process as described by the Statement of 25 July 2011 (supra). The Role Statement is in the following terms: 1POSITION SUMMARY and OBJECTIVES The Metering Data Agency Officer is responsible for facilitating the receipt and delivery of quality metering data and support and key contact for internal and external customers in respect of their data needs. The position will be required to perform ongoing validation; substitution, fault notification and editing of all metering data. The duties extend to ensuring the accurate and timely flow of metering related data for all market participants and governing bodies, by providing analysis, reconciliation and resolution of any errors relating to data configuration issues relating to these functions. The Metering Data Agency Officer is required to: Configure and register complex metering installations on multiple database systems to allow for accurate and timely capture of meter data, complex meter configuration and site information in order to provide effective flow of data to all market participants and market regulators Act as a key point of contact for complex meter data requests & configuration enquiries providing customers and stakeholders the most up to date version of data to allow the efficient flow of billing and customer transfer information, including the identification, analysis and correction of identified exceptions Collate information, perform analysis and generate detailed reports from metering configuration and distribute reports in a timely manner to all relevant stakeholders Take responsibility for the monitoring of daily processing activities including complex computer based storage and reporting systems and document processes for the effective capture, analysis and transfer of data, highlighting systematic issues and recommending remedial action Provide first level support including diagnostic testing and technical assistance to the MDA team and field staff during system failures and unplanned events in order to maintain market regulations, agreed standards and customer service levels Collate statistical data and historical information including technical analysis of network data to identify and develop detailed analytical reports for customers and stakeholders both internal and external to Country Energy for general and regulatory reporting Install and administer software packages relevant to the MDA business including setting of passwords and access levels in conjunction with the Metering Laboratory and Technicians to create frequencies and data packages if required Perform database administration tasks including liaising with providers, downloading information and running and testing of reports if required Provide administrative support to metering services teams as required to ensure a streamline delivery of services for all metering teams Monitor current knowledge of software and system applications in order to provide user input for the ongoing development of the various Metering software applications and participate in user acceptance testing of the products to meet business operational requirements Development and implementation of various procedures to comply with the National Electricity Code and Quality Standards. 9At paragraphs 31 to 36 of its submissions (exhibit 1) the employer put: 31. The role is adequately covered by the Metering Data Agency Officer PD with its amendments and not the Meter Data Agency Technical Specialist PD. 32. The other eight (8) employees in the group who had not been fully consulted about the PD have now been with concerns addressed, (Attachment 2) are now confirmed to be covered by the Metering Data Agency Officer PD. 33. The PD wording which was in dispute and subject to the conference of 19 July 2011 has been addressed as outlined in this document and the resultant amended PD finalised. It is acknowledged that this process has identified the requirement of knowledge and experience being engaged at higher level than the normal Cert III requirements in analysing data, problem solving and utilising spread sheet and database creation. 34. Unfortunately Essential Energy has adopted the AQF system for evaluation purposes aligned to its pay structure. Relevant AQF qualifications are attached to Bands with a number of levels to allow for progression. To have a position recognised at a Band or crossing Bands one must attain the requisite full qualification. 35. Even with the knowledge that this position does have higher requirements than Cert III the AQF system packaging rules and Progression Guidelines do not provide the ability to recognise that higher value in a partial sense as it does not meet a full qualification. 36. Therefore essential energy can only evaluate the Metering Data Agency Officer role at a Cert III level AO 4 to A0 7. 10The USU argues that the MDA Officer should be evaluated at the Certificate lV level in the Essential Energy Salary Structure with a salary range of AO8 to AO11; or in the alternative, the position be allowed to potentially progress within the Certificate IV salary range up to a pay point determined by the Commission based on the evidence. 11The grounds and reasons advanced by the USU are set out in its Outline of Submissions (exhibit 5) in the following terms: GROUNDS AND REASONS On the primary outcome sought the union is of the view that the position of Metering Data Agency Officer is not well placed by the nature of the industry specific tasks required to be identified as requiring a Certificate III (Cert III) in Business. The position has requirements that traverse Business and Information Technology qualifications in order to undertake the tasks to meet the position's objectives. This position would not be found readily, if at all in the general business environment where an Australian Qualification Framework (AQF) business qualification would adequately cover the requirements of the role. ...... Appendix 1B has number of provisions, one of which is vi) which states; "Progression to another band will not be withheld when an employee is assessed as requiring competencies of a higher qualification to perform their role, either having attained the competency or having recognised through Recognition of Prior Learning (RPL)" This provision was written and inserted as part of the previous award/s in recognition that the roles/positions in the electricity industry, especially the white collar area, may not be adequately recognised by the AQF system when compared to the more traditional job evaluation systems that exist. It was envisaged by the parties that roles/positions could and at times would have their tasks overlap and identify with competencies of a higher level than the qualification that defined there substantive position. This allowed for roles/positions to be compensated for that requirement otherwise there would always be industrial conflicts around what an employee is being rewarded for. ... ... To assist the Commission the union upon the recognition of the competencies submits that the part progression should be to A010 in the range of A08 to A011. The concept of part progression into higher qualification bands is not a foreign concept as it was accepted by the parties when devising the original structure (Attach 10). The streams of Electrical Worker goes into two pay points of the Cert III band when its substantive value is Cert II and the Electrical Technician goes one pay point in to the Cert IV band when its substantive value is Cert III. This was to recognise in the case of semi- skilled non trade Electrical workers there was a range of skills and knowledge that was higher than Cert II but not at full Cert III level. Positions that fell into such a category are plant operators working with live line crews stores/logistics personnel and vegetation management employees. The concept went on to the recent Infrastructure Operations field supervisor structure with Resource Supervisor: Depot Grade D overlapping from Cert IV into Diploma. Again as outlined in the conclusion of the first outcome there will be a relativity dislocation with the team leader position and the union submits that it should be resolved similar way with the team leaders being reviewed to also have a part progression into the Diploma Level 5 band to an equivalent level of A014 in a range of A012 to A015. The reasoning is again that the team leader does require technical skills of higher level than required by the general Cert IV in Front Line Management position. 12It is identified that there are two teams in Metering Data Services (MDS) : the Interval Team, which is involved in Commercial metering services; and the Non-Interval Team (MDA), which is involved in mainly domestic metering services. 13Inspection took place of work undertaken by Mr Andrew Campbell and Mr Ken Croak at their workstations situated in offices at Lake Road, Port Macquarie. Ms Judy Nicholls was on annual leave at time of inspection. INTERVAL TEAM 14The first employee observed was Mr Andrew Campbell, a member of the Interval team, who utilises three screens in his duties, one of which is dedicated to use of the EMPWIN system, a proprietary software for calculation of data of stand alone meters. This system is used to cross reference and confirm data in case of questions about usage. 15Mr Campbell's main duties are to investigate occurrences where there is a question or issue with the collection of data at commercial sites using a variety of tools, including the EMPWIN system. He is the only MDA officer to utilise EMPWIN. 16Mr Campbell has experience with different metering configurations and uses a variety of investigative and data collection tools and resources to capture and investigate data and correct issues. 17Reprogramming takes ½ to 1 hour and occurs four or five times per week. 18Phasor diagram corrections: Investigate to see if a site is losing phase. 99% of occasions needs to send a technician to site. Mr Campbell is only person who can read necessary diagrams. 19Testing of new meter programs: Mr Campbell has written new programs to retrieve correct data out of new meters. MDA TEAM 20Ken Croak obtains site readings daily. He is the MDA for 2nd tier customers, i.e. other retailers who supply to domestic customers but use Essential Energy for billing and metering purposes. The information obtained could be for supply of electricity, gas, or solar power. There are 26 commercial gas sites in NSW and 25,000 residential gas users in the local area. Mr Croak, assisted by his background as a plumber and gasfitter, has developed processes to understand how gas flows and data matching is verified. No other members of MDA have an understanding of these processes.