Aerocare today said that their EBA was approved by a majority of employees entitled to a vote – but was it?
A significant part of the workforce – i.e. casual employees did not get a vote at all. That is not fair, that is not reasonable.
Aerocare say that the casuals are stuck on the old Aerocare 2012 agreement with 3 hour shifts, and poor pay. But we ask, are they?
Some people think as a casual you would be better off on the Airlines Operation Ground Staff Award – they would be right!
Here is a quick comparison of the Award against the 2012 EBA conditions which shows that the Award would be a better deal for casuals it pays penalty rates, has notice for rosters and more generous overtime provisions.
Check out what the Award provides and ask yourself would this be a better option than what the company is suggesting?
|Collective Agreement 2012||Airlines Award|
|No payment for time spent between shifts that are worked on the same day.||Payment for every hour between the start of your first shift to the end of your last shift that are worked on the same day, including payment for the time between these shifts|
|Three hour minimum payment for casuals||Four hour minimum payment for casuals|
|Hourly rate does not include 25% loading||A casual employee must be paid the hourly rate plus 25% loading.|
|Hourly rate on Saturday and Sunday does not include Award loadings.||Working on a Saturday paid at 150% plus 25% casual loading or on a Sunday paid at 200% plus 25% casual loading|
|Voluntary additional hours at the ordinary hourly rate.||Award provides 150% for the first two hours, and 200% thereafter.|
|Pre dawn shift allowance (1am – 5am) 20% loading.||Shift penalties include early morning/ afternoon shift penalty 15%; night shift 22.5%; permanent night shift 30%|
What’s next for the EBA approval?
Aerocare say they are going to lodge the paperwork for the approval of the new agreement with the Fair Work Commission (the FWC).
The FWC looks at the agreement to see if its terms and conditions make employees covered by the agreement Better off Overall as against the Airline Operations Ground Staff Award. This is called the BOOT. If the agreement does not pass the BOOT it will not be approved.
The ASU does not believe the agreement will pass the test. We have told the company this repeatedly.
No one wants to see an agreement approved that is less than the Award, in fact the purpose of bargaining is to make you better off than the minimum not worse off.
There are also a number of other technical requirements that the company must satisfy the FWC about before the agreement is approved.
It can take quite a while for an agreement to be approved. Particularly if there are matters the FWC wants to examine. Of late it has taken 8-12 weeks for agreement approvals even when the agreement has been uncontested or not disputed.
Many people have questions about the casual issues, the approval process and the FWC. If you do - feel free to contact your local ASU rep. In the meantime we will keep you posted.
If you have questions or queries make sure you contact your local ASU representative. (download the full bulletin below for details). AeroCare Bulletin - 19 April 2017