On 3 October 2018 Aerocare asked the Fair Work Commission to POSTPONE deciding whether to approve the new Aerocare Collective Agreement. The Fair Work Commission agreed. This means the hearing about the Agreement won’t happen until at least next year.
What has happened so far?
Employees voted to approve the Aerocare Collective Agreement 2018 in May this year. The Agreement was then sent to the Fair Work Commission who has to assess the Agreement itself, and decide whether or not the Agreement meets the minimum legal standards.
On top of this Aerocare has asked the Federal Court to decide whether the way Aerocare wants to use split shifts is legal. That case will finish up on 20 November 2018.
What happened this week?
Instead of just letting the Commission make its decision like it usually does, Aerocare made an application to adjourn the hearing. It did this because it says it wants to know what the Federal Court decides about split shifts before the Commission makes its decision.
The ASU argued that employees have been in limbo long enough and Aerocare should stop playing legal games, and just pay people fairly now.
The Fair Work Commission agreed to delay the hearing. No date has been set for when the hearing will be. It will be at the earliest sometime next year.
It is very unusual for an employer to put an Agreement out to vote, and then try to stop it from being dealt with in the Commission.
This begs the question – if Aerocare are so sure that the Agreement meets minimum legal standards, why are they still playing legal games and delaying things?
What happens next?
Once the Federal Court makes its decision about split shifts (we don’t know when this will be, but probably early next year) the Fair Work Commission will consider whether the Aerocare Enterprise Agreement 2018 meets minimum legal standards.
We will keep members informed with any developments, but for now, Aerocare employees will be stuck on the substandard 2012 Agreement.
If you have questions or queries make sure you contact your local ASU representative. (Download full bulletin here) AeroCare Bulletin - 4 October 2018