There has been another victory in the campaign by the UNITE union to win fair working conditions for the workers at the St Helena, Diamond Creek and Laurimar stores in Melbourne.
The workers in these stores voted on a new Enterprise Agreement in late 2009. The agreement that was put forward by the employer sold off many entitlements like sick pay, holiday pay and penalty rates in exchange for a tiny bit extra in the base rate.
At the time UNITE called for a vote against the agreement because it undermined industry standards in a number of areas. Unfortunately, due to employer misinformation, the agreement was voted up.
Because the agreement so badly disadvantaged the workers UNITE decided to challenge its validity in Fair Work Australia. We argued that it didn’t pass the ‘Better Off Overall Test’ and was not explained in an appropriate manner to the workers. After a months long process Fair Work Australia finally agreed with our arguments and decided not to approve it.
You can read the full decision here: http://www.fwa.gov.au/decisionssigned/html/2010fwa5752.htm
Following this decision we brought forward another case which terminated the old 2005 Agreement. As you will know the 2005 Agreement that is in place now pays even less than the one proposed in 2009.
Again Fair Work Australia agreed that workers were being disadvantaged and that it would be in the public interest to terminate the agreement and put you back on the Award. This will now come into effect in late September.
Among other things this will mean that all workers in the stores mentioned will be entitled to overtime rates, holiday pay and sick pay. You will also be entitled to a minimum number of guaranteed hours each week. We encourage all workers to look over this Award and be aware of all your entitlements.
The full Award can be accessed here: https://extranet.deewr.gov.au/ccmsv8/ViewKBInstrument.aspx?Code=MA000004