dave747436
if incorporated into the workers' contracts by express reference or implied by custom and practice
I think I've addressed this: only binding if it states that is is binding in the agreement itself- not your contract.
The Custom & practice may certainly be relevant, though.
Dave - my contract clearly states both of the above by express reference and is clearly implied by years of custom and practice!
ALurker quotes the law again:
Quote:
Usually, collective agreements are not in themselves legally enforceable. However, parts of collective agreements such as pay rates, or references to agreements, may be inserted into the employment contracts of individual employees. Because individual employment contracts are legally enforceable, many collective agreements are indirectly underpinned by law
Did you say you had no individual contract? I believe you did...
I said we had no individually negotiated contracts - ours are all the same
I think you're wrong, by the way, I am as certain as I can possibly be that you DO have a contract. Are you certain YOURS personally refers to specific agreements? 100% refers to our collective agreements
The last sentence "many collective agreements are indirectly underpinned by law" is an awfully vague thing to hang the future of the union on.....
Dave how can that be vague? It states clearly.....
"if incorporated into the workers' contracts by express reference or implied by custom and practice" Which quite clearly our agreements are.
The law is quite clear on all of this as is stated above