Aerocare has spent most of 2018 fighting legal battle after legal battle to try to get away with paying less than the legal minimums they are required to pay when people are rostered on split shifts.
The most recent court case finished up in November – this is where Aerocare has asked the Federal Court to decide whether the way it wants to use split shifts is legal. The ASU was at the hearing and argued that it was not legal to use split shifts the way Aerocare wants to.
The judge heard the case and has said he will consider the arguments put by both sides and will make a decision, likely early in the new year.
Until then, we wait.
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.
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 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 some time next year.
What does the ASU think should happen?
The ASU has said every step of the way that employees have been in limbo long enough and Aerocare should stop playing legal games, and just pay people fairly now. Instead, Aerocare are choosing to spend thousands and thousands of dollars on legal fees to try to get away with paying its staff less than the legal minimum.
If you have questions or queries make sure you contact your local ASU representative. (Download full bulletin here) AeroCare Bulletin - 11 December 2018