Thanks ccguy. And no, I'm not management. I have been through various EBAs and AWAs personally, so wanted to pass on what knowledge I have gathered along the way, from experts on the law.
As our last EBA was negotiated under the old industrial laws, they cannot force us to sign a AWA. Our old EBA conditions will apply until replaced. Once, we've signed a new one, we then operate under Workchoices, and next time round, we can then be forced onto AWAs.
At this stage the law says, you can't be coerced on to AWAs. Your last EBA has expired and how long before you will be offered an AWA is anyone's guess, depends how many vote it down I suspect-if it's a resounding NO towards the company and the union, then I guess it will be fairly soon after the vote. Under the old laws there was a "no disadvantage test" which protected you from going no lower than a similar Award. That's gone under the new laws. If you refuse to sign an AWA offered, then there is no Award or no disadvantage test that can save you, you automatically only have the federal minimum as a safety net-$511 a week, no overtime penalties, 10 days sick leave, 5 weeks annual leave, 52 weeks unpaid parental leave, average 38hrs a week-th'th'that's all folks!! 5 things is all that has to be in an Agreement! (for professional staff, the $511 a week doesn't apply but everything else does) That's right-no such things as part time, roster requests, paid mat. leave, 140hrs max. a month, minimum rest between flights, roster stability etc. etc. At least for some of our work conditions CASA looks after pilots, but for Flight Attendants this has been protected for years by Awards which the FAAA fought for. All that work that unions achieved, has been overturned by the new laws-the Awards are now worthless with the no disadvantage test gone!
If you return to your last EBA, what are you going to do about pay increases? You have to trade to get increases on an EBA. You only get CPI if you go all the way downhill to the federal minimum.
Does this mean we are required to see thier doctors only to aquire a medical certificate if we're sick? hmmm....
The law protects you here. You even seem to be mistrusting that your union has got it wrong. The unions are the ones who've managed to protect you from working more than 140hrs a month and 21 days a year sick leave for about 20 years, maybe longer I'm not sure. Why do you suddenly not trust them? Well from what I've read, they've got it right, you can read it for yourselves on www.workchoices.gov.au Employee Fact Sheet on Personal Leave/Carer's Leave.
Make sure you get advice from experts to protect yourself, I did, especially if you don't trust anyone. If you can't afford to pay, then ring the Fair Go Hotline for free.