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Say "NO" to substandard conditions Say "YES" to real rights in the workplace DON'T SIGN! The Australian Services Union (ASU) has been contacted by a number of employees of The Smith Family (TSF) who are seeking advice about whether to sign the company's individual contract - Australian Workplace Agreement. The ASU's advice is DON'T SIGN. There are a number of reasons not to sign: The AWA is an individual contract that overrides your rights under the award and other legislation. Any wage increases in the award or via the National Wage Case will not apply to you during the life of the agreement. Last year the living wage increase was $17.00 per week. This equals 2.9% for those who earn $30,000. This increase is awarded without trade-offs in conditions or entitlements. Individual arrangements never result in the best results that's why awards and enterprise agreements deliver better results. In the process initiated by TSF, employees have had no involvement in "negotiating" the conditions in the AWA. Signing up to an AWA means signing up to not being able to take any action to improve your conditions during the life of the contract. The ASU has viewed some AWAs. The AWA is very company oriented. Employees lose a number of rights. Some of the more obvious concerns are: Place of work You can be transferred to a different location without your agreement. Policies and procedures The wording of the AWA means you accept and will adhere to changes in company policy or procedures without being involved in determining what the changes are. Payment of salary and salary review The salary is not set against the award as a benchmark. The 'remuneration' provision means you sacrifice overtime, annual leave loading and penalty rates. You have no ability to know now what this might mean in the future - how can you tell how many hours you will be asked to work next year? You give the employer the right to deduct money from your pay. Salary Packaging These provisions are confusing. Law can change therefore any benefit you receive may be lost. Salary packaging doesn't make up for inadequate base rates of pay. The costs of packaging are unknown and you're required to meet any of these costs. Remuneration Review Any future increase is "at the discretion of TSF". The contract says - at all times your remuneration will be no less favourable than under the award - how will you know that is the case? This is not a commitment to not pay salaries less than the award rate of pay. In the company contract remuneration includes base salary and packaging and superannuation. Performance Review You give up any right to have choices in the system used and the timing of any review - it's not clear what the purpose of the review is. Ordinary Hours You agree under the contract to TSF being able to roster you for any working hours including outside usual working hours on nights, weekends and public holidays. Additional Hours You agree to work additional hours without additional pay or overtime rates. Any time in lieu is only if TSF agree to it. Flexible Work Arrangements Whilst it's good to introduce the notion of flexible arrangements this provision allows TFS to introduce change at its discretion without any checks or balances. Annual Leave No leave loading is payable. Study Leave/Bereavement Leave and other leave forms The wording of the contract sets out an entitlement "up to" a certain amount. This does not guarantee that you are actually entitled to the amount. Approval is at the discretion of TSF. Sick Leave The current wording of the document gives TSF the discretion to require medical certificates if in its opinion you have developed a pattern of illness or excessive absenteeism. This is not defined. Additional entitlements are at the sole discretion of the TSF. Termination of Employment The grounds on which TSF can terminate your employment are of particular concern. They are far broader than what is reasonable at law. Things such as the right to terminate you on the basis of your "propensity to cause problems in the workplace" means that TSF can sack you for a range of unfair reasons. Redundancy/Retrenchment Whilst TSF uses your total remuneration as the basis for calculations when it suits them, when it comes to redundancy payments it's your base salary that's the basis for your redundancy calculations. TSF can transfer you into another job and you have no right to redundancy payments. Confidential Information The way the clause is worded it could mean that giving information to the union while seeking advice is a breach of the contract. Security The security arrangements as currently worded could breach privacy legislation. Grievances The procedure does not give you the right to have an independent third party resolve the dispute for you. You are required to keep working until the dispute is resolved. There is no incentive for the employer to resolve the dispute quickly. Stand Down This provision gives TSF the ability to stand you down without pay wherever it chooses to. Classification Structure This structure bears no resemblance to the awards. Salary ranges are broad and mean that TSF can appoint you at the bottom of the range. Individual members have shown us the salary that is proposed to apply to them. These salaries appear very low. Package Summary We have viewed some of these summaries. The calculations are very confusing and we believe misleading. This is why we advise DON'T SIGN. To be able to represent you in seeking better conditions and salary you must sign an authority to act as bargaining agent form - please sign and return to ASU. The ASU has already been asked to represent a number of TSF employees. We will seek to meet with the company to negotiate better conditions. If you sign the AWA we won't be able to get better conditions for you. For more information and to join the union contact: Branch Official Telephone NSW & ACT Services Kate Lee (02) 9310 4000 VIC A&S Lisa Darmanin (03) 9342 3400 SA/NT Branch Ian Heard (08) 8363 1322 SA/NT Branch-Darwin Lucio Matarazzo (08) 8947 2455 QLD Services Branch Michelle Robertson (07) 3844 5300 QLD Services Branch Chris Doyle (07) 3844 5300 WA Branch Miriam Holloway (08) 9427 7777 TAS Branch Ian Paterson (03) 6224 3411 NATIONAL Jo Justo (02) 9265 8255 Say NO to TSF substandard contract. Say YES to decent wages and conditions and the right to be treated reasonably.  ARCHIVE: This campaign is now concluded - click here for latest TSF News

Authorise the ASU  to act as your agent  Campaign e-mail  Campaign news TSF Agreement Certified - At last! - 18/02/05 The Smith Family agreement goes to ballot - 6/12/04 ASU recommend agreement at The Smith Family - 18/11/04 Proposals for consideration at The Smith Family - 6/10/04 Members committed to a collective agreement at The Smith Family - 11/08/04 The Smith Family: what's happening with negotiations - 19/07/04 The Smith Family: staff survey results - 01/06/04 The Smith Family agreement discussions continue - 10/05/04 The Smith Family - Talks to Continue - AWAs on Hold - 29/03/04 The Smith Family Agree to Meet - 25/03/04 The Smith Family - ASU members around the country working together - 23/03/04 The Smith Family - Employment Advocate Has Not Approved AWAs - 18/03/04 ASU asks The Smith Family to halt AWAs process and start talking - 16/03/2004    NSW news March 16 March 11  VIC news March 19 March 16