Safeway Payment for Public Holidays which fall on a Weekend Amendment to Safeway Agreement The Australian Industrial Relations Commission (AIRC) has determined that the Safeway Agreement be altered so that from 26 April 2004 Safeway workers will be paid 250% for all public holidays, regardless of which day of the week the holiday falls. Safeway workers will no longer receive 325% for a public holiday which falls on a Saturday or 350% for a public holiday which falls on a Sunday. Coles and BiLo are unaffected by this decision. Coles Myer have agreed to abide by the current Agreement. Their meat workers will continue to receive the higher payments. The Arguments The AIRC decision is a result of an application made by Safeway which argued that the 2002 Enterprise Agreement capped all public holiday payments at 250% and that the Union had agreed to this.  This is not the view of the Union.  The Union believes that the only change to public holidays agreed in negotiations was that which was reflected in the wording of the 2002 Agreement; that is that the previous payment of 300% for public holidays was reduced to 250%, but that 325% would apply on Saturday and 350% would apply on Sunday. Safeway argued before the Commission that they had made a mistake in drafting the 2002 Agreement and that they did not know that they had to change the words of the Agreement to change the way it had previously operated.  They also argued, on the suggestion of Senior Deputy President Kaufman, that although Safeway had for a number of years applied a recommended interpretation of the appropriate clause by AIRC Commissioner Frawley, which in turn was based on a Federal Court interpretation, the clause was nonetheless ambiguous. Decision After two days of evidence SDP Kaufman determined that: "the fairest way to resolve the dispute for both the employer and the employees would be to provide that the 200% be capped for only half of the life of the Agreement". This he said was "the appropriate outcome regardless of whether the Agreement reached was as Woolworths contends for or whether there was never a mutual understanding reached." He also agreed with Woolworths that the public holiday clause was ambiguous and that the clause should be rewritten in the terms asked for by Safeway. Appeal The Union sought to appeal this decision but the AIRC Full Bench refused us the right to do so. Date of Operation Safeway then sought to have the capping operate so that only Easter Saturday 2003 would attract the extra penalty payment.  However SDP Kaufman determined the operating date would be from 26 April 2004, allowing Easter Saturday and Anzac Day this year to be included as days when the capping does not apply. This means that for Safeway workers Christmas Day and Boxing Day 2004 and New Years Day and Easter Saturday 2005 will be days where payment for working will be capped at 250%. Working on public holidays is not compulsory. Safeway members need to determine whether they are prepared to work on these days. Safeways Management Role in Industrial Relations Underpayments The Union continues to find many underpayments to Safeway workers.  Over the last twelve months the Union has recovered more than $100,000 in underpayment of wages to members employed at Safeway. There is no ambiguity about the wages clause of the Agreement.  Yet Safeway frequently underpays meat room workers.  It appears that Safeway particularly attempts to undermine the payment of Cabinet Attendants by using juniors at junior rates of pay to maintain the cabinets. Under the Safeway, Coles and BiLo Agreements, Cabinet Attendants should be 18 years of age or more and are paid as adults. Unfortunately the Safeway system of paying bonuses to Store Managers who restrict their payroll encourages Store Managers to underpay their employees. Union Members Any members of the Union who believe they may have been underpaid should contact their Union organiser or the Union Office.  The Union does not act on behalf of non-members. Easter Sunday 2004 Contrast the difference in approach to Easter Sunday between Safeway and Coles/BiLo. The Bracks Government has once again declared Easter Sunday a day in which big stores cannot operate.  However it is not a public holiday. Coles/BiLo Coles/BiLo have informed the Union that in some regional areas where it is legal for them to operate they will operate as normal.  In those areas where they cannot open those workers who were rostered to work in Easter Sunday will be given the day off and will be paid their normal pay for the day. Safeway Safeway however will either require their employees to work inside the closed shop or to stay home without pay for the day.  They may be prepared to allow their employees to use their RDO or Annual Leave money to pay for the day.