The Australian Manufacturing Workers Union today lodged an application in Fair Work Australia (FWA) for bargaining orders against ear implant manufacturer Cochlear.

Cochlear’s ongoing refusal to negotiate a collective agreement with its employees breaches the company’s legal obligations under the Fair Work Act, said AMWU NSW Branch Secretary Tim Ayres.

“Cochlear employees have repeatedly expressed their desire to bargain for a collective agreement through the AMWU,” said Mr Ayres.

“Cochlear management is denying them that right by treating the bargaining process with contempt.”

The AMWU is seeking orders that compel the company to:

•    schedule a series of bargaining meetings
•    allow the union to hold meetings with employees to discuss the bargaining process
•    respond to union claims in a genuine manner
•    report back to FWA for further conciliation.

The current Cochlear Enterprise Agreement expired in mid-2007. After attempts by the company to have the agreement terminated were rejected by FWA’s predecessor the Australian Industrial Relations Commission, the parties have been in negotiations for a new agreement since 2009.

During that time Cochlear has not abided by the spirit or the letter of good faith bargaining requirements, said Mr Ayres.

“Cochlear management is not negotiating with the aim of reaching a deal. It is disappointing we have to challenge them in court in an attempt to have them take the process seriously.”

The matter will be heard by FWA some time in early 2012.