Your current EBA is still the legal coverage for work at Castricum. There has been NO decision on the appeal before the Full Bench of the AIRC, nor is there likely to be for many weeks.
If you have signed the AWA by mistake don't worry, as it is illegal to sign it until you have had a copy for a minimum of 14 days. Most workers received the AWA on Monday 23 August.
Reasons NOT to sign an AWA
The AWA that has been circulated reduces conditions considerably.
Some Examples:
No Rostered Days Off
2 less Sick days
Reduction of Long Service Leave to minimum State levels.
Huge wage reductions, especially on the kill floor.
Reduced Public Holidays.
Less rights to overtime.
No right of entry for Union and no recognition of Union delegates.
No minimum Superannuation contribution
Less entitlement to compassionate leave.
No make up pay on WorkCover
No wage increases for 3 years.
The Union is mindful of the fact that if workers at Castricum are duped into signing the AWA, the Company will effectively prevent them having any ability to protect themselves from discrimination and anti-labour practices.
AWAs may well be outlawed in the future if there is a change of government.
Don't lock yourselves into a 3 year contract with no chance of a wage outcome!
We quote word for word the AWA clause on wages:
"Any increases in Award rates granted by the AIRC during the life of this Agreement will be absorbed by Castricum Brothers over award payments until 31 December 2005. Beyond this date increases shall be passed on to employees. However for the full life of the Agreement any such increases will apply to overtime and casual loadings only".
The Alternative
Provided the Union maintains its strength at Castricum, we can protect and improve your wages and conditions. We will renew our bargaining period so that we can take whatever action is necessary to bring Castricum back to the negotiating process. As the works get busier we must be prepared to take the Company on industrially or risk losing everything.
News from the AIRC Full Bench
The Union received a letter from Senior Deputy President Acton on 20 August. The letter advised the Union that there were various problems in regard to the extension of Castricum's Agreements and have invited the Union and the Company to make written submissions on these issues by 3rd, 10th and 17th September for consideration.
It seems likely that as a result no decision on the appeal will be issued for many months and may be ultimately tested in the Federal Court, which could take a year or more.
The only way to ensure you protect the wages and conditions you currently have is to refuse to sign the AWA on offer.
Bargaining Period
The Union has maintained the notification of a bargaining period under the Workplace Relations Act that we applied for in February. We will devise strategies to best pursue the protection and improvement of our Agreement.
It has been over three years since the members at Castricum have had a wage increase. If you sign the AWA it will be at least another 3 years until you get one, as well as losing the other conditions listed previously.
Discrimination
It has been suggested that the Company is actively discriminating in favour of those who have signed an AWA.
The Union of course has no way of knowing who has signed this inferior agreement.
It is believed some of the 14-odd employees who were kept on during the shut-down may have signed, and that the Company rewarded their culpability by continuing their employment.
It is illegal for the Company to discriminate in this way, as it is equally illegal for the Company to discriminate against members of the Union.
Union Membership
A few employees at Castricum still haven't paid their Union dues or the lost time fund levy. Please make sure you do so as soon as possible. Direct Debit forms are available from your delegates or from the Union office. If you wish to pay your ticket in a lump sum, let your delegate know and it can be arranged.
Back Pay
During the shut down the Union continued to chase the back pay owed for those who were employed more than 40 hours during the weeks with public holidays. Brian Rowe and Paul Davey were told by Mandi Bryant that the money owing would be paid, but that it might take some time (it has been nearly a year since we first pursued the matter). As far as we know, the money still hasn't been forthcoming. We need feedback from the membership if in fact some has been paid.
Prepared to Negotiate
The Union has always remained available to negotiate a new Certified Agreement at Dandenong. It is only the Company's refusal to bargain in good faith that has led to the current impasse. Rest assured that if the Company is successful in having significant numbers sign the AWA they will be less likely to take a humane approach to industrial relations in the future.
It is only the current Agreement that protects your right to be in the Union and have access to Union officials, delegates, a Shop Committee or any say in the conditions you work under.