What happens if we vote NO?
I have only done some brief reading on this subject, but it looks like they can't force us onto a less than favourable agreement. The Workplace Relations Amendment Act 2008 (the Transition Act) commenced on 28 March 2008.
The Transition Act introduced a new no-disadvantage test (NDT) which applies to all workplace agreements made after the commencement of the Act.
In order to pass the no-disadvantage test, the agreement must not result, on balance, in a reduction in the overall terms and conditions of employment under any reference instrument (eg. current EBA).
However, the agreement may still be approved even if it does not pass the no-disadvantage test if approval of the agreement would not be contrary to the public interest (eg. part of a reasonable strategy to deal with a short term crisis and assist in the revival of the business).
Virgin Blue can also apply to the AIRC to terminate our current EBA as it has passed the nominal expiry date. However, '
the AIRC may only terminate a collective agreement if it is satisfied that it is not contrary to the public interest to do so including having regard to the views of and the effect of terminating the agreement on the parties bound by the agreement.'
If you'd like to obtain more information, see the
'Agreement making and the no-disadvantage test policy guide PDF' available from the
Australian Government Workplace Authority site.