ASU Representatives met with CEO Peter Ruzyla and HR representatives on Monday 15 April to discuss the proposed withdrawal of Easter Saturday Entitlements for ASU members.
The ASU representatives strongly advised that the “intent” of the current Industrial Agreement, Community Health Stand Alone Multi Employer Agreement 2015, (MECA) was that SACS employees are entitled to a day in lieu of Easter Saturday, as it had been clarified in the new EACH EBA 2017, which is in the final stages of approval.
The ASU also argued that this entitlement has been Custom and Practice for over 10 years.
On Tuesday 16 April, EACH CEO, Peter Ruzyla wrote to the ASU refusing to move their position that regardless of the arguments to keep this entitlement, EACH had decided to withdraw Easter Saturday time in lieu – only for SACS employees. The Managers and Administration staff (HSUA 1&5) have retained this entitlement, as have Health Professionals (HSUA 4 &3).
The ASU wrote back to Peter Ruzyla on Tuesday 16 April stating that the dispute would be lodged in the Fair Work Commission. The current MECA 2015 which covers EACH, Clause 12.8 Dispute Settlement states;
“Work shall continue normally in accordance with custom and practice before the grievance arose”.
Therefore, the ASU believe the statement from the Grid regarding Easter Saturday entitlement 2018 remains the status quo and EACH should comply with the Dispute Settlement clause and allow members to their entitlement. The ASU also asked that EACH advise the ASU that no instruction will be distributed to ASU SACS members until a determination by the Commission.
Unfortunately, EACH chose to ignore this advice and proceeded to inform ASU members via email that they had withdrawn the entitlement, regardless of the above Dispute Settlement clause in the MECA.
The ASU has lodged this dispute with the Fair Work Commission as a matter of urgency, as we believe EACH have breached the legal Multi Employer Certified Agreement, by refusing to maintain the status quo until the dispute is resolved and have chosen to use SACS employees as a means to recoup excessive expenditure in the budget.
The ASU will keep you updated on this dispute. Please support your ASU Delegates Stephen Mason, Sue Bentley and Cathryn Jackson.
For further information please contact:
ASU Organiser Merri Blair | 0458 884 503 | firstname.lastname@example.org