Get the right advice, pay for it if you have to
Thanks ccguy. To others, no I’m not management, I’ve personally been through EBAs as well as AWAs and want to pass on the knowledge I’ve gathered along the way.
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.
The law under the old laws and new laws state, you cannot be coerced to sign an AWA. Your last EBA has expired and yes you may get to stay on this for a while. It’s anyone’s guess how long it will take before a no vote causes a company to come back to you with some alternate workplace agreement. Don’t forget in the meantime, if it a while there’s no more increases-you stay stagnant. And before you argue CPI, this is only for workers on Awards or on the federal minimum wage. True-you could refuse to sign the second agreement but under the new laws-what happens to you. Under the old laws you would end up on an Award or no worse off than an Award as your safety net-that’s how a lot of your current conditions ended up in your last EBA. Under the new laws the “no disadvantage test” has gone. You could end up on the federal minimum standard-$511 a week, average 38 hours a week (152 in 4 weeks) 5 weeks annual leave, 10 days sick leave, 52 weeks unpaid parental leave. Pilots can escape the $511 minimum because they are professional staff and their flight duty limits and rest are determined by CASA-so don’t listen to pilot’s advice unless they know what you can lose under Workchoices. So, why are you suddenly not trusting your union when they are the only ones for the last 20 years, maybe longer I’m not sure, who have fought for eg. 140hrs max a month, daily rostering limits and then max on the day, minimum rest, right to roster requests, paid mat leave, part time, etc. etc. CASA doesn’t regulate flight attendants. Where there’s no Award they often use the same limits as pilots-ie. can force you up to 90 hours in 14 days. If you think the tables in your agreement are bad, check out www.casa.gov.au/aoc/fatigue std exemptions Part III-and these are rostered limits!
If you don’t trust anyone anymore, then at least protect yourself, pay for the advice and if you don’t have the money, ring the Fair Go Hotline to check for yourself.
Does this mean we are required to see thier doctors only to aquire a medical certificate if we're sick? hmmm....
No, the law protects you here. The union has got it right. If you don’t believe anyone then check it out for yourself on www.workchoices.gov.au Employee Fact Sheet on Personal/Carer’s Leave.