ASU Delegates who attended EACH EBA information sessions have been informed that SACS members who are currently employed under the Victorian Stand Alone Multi Employer Certified Agreement (MECA) 2015 will no longer be entitled to accrue a day in lieu for Easter Saturday.
On Wednesday April 3, the ASU spoke with HR Advisor at EACH stating that this matter was never discussed or negotiated in the bargaining forum. As you know, this entitlement has been Custom and Practice for at least 10 years.
The new EACH EBA, which has “in principle” agreement between the parties, has a new specific Easter Saturday clause to remove any doubt that it is an entitlement for full time employees in SACS.
New SACS EBA Clause 51.9 Easter Saturday – full-time employees only
“In respect of Easter Saturday, a full-time Employee who ordinarily works everyday Monday to Friday and who does not work on Easter Saturday, shall be entitled to one day’s pay in respect of Easter Saturday or where there is mutual consent, within four weeks following the date on which such public holiday occurred the Employee may take one day off in lieu or have one day added to their annual leave.”
Why would you withdraw an entitlement at the 11th hour of a new Enterprise Bargaining Agreement only for this year?
A recent email from payroll has been distributed stating that Managers and Administration officers under the Health Services Agreement 1 & 5 and staff under the HSUA 3 & 4 agreements will continue to receive this day in lieu of working Easter Saturday. Why is EACH not maintaining the entitlement for ASU members in Social and Community Services workers at the frontline? You can try to understand why this decision has been taken.
THIS IS NOT FAIR
The ASU believe this is NOT fair to SACS employees, as this has been an entitlement for many years, and this announcement only gives members 3 weeks’ notice.
The ASU has written to CEO, Peter Ruzla yesterday, Thursday April 4 asking for EACH to either enact the new clause, or “in good faith”, maintain the current provision of the MECA under Custom and Practice.
If the ASU do not get a positive response, we will have no choice but to lodge this as a Dispute, under Clause 12 of the current Multi Employer Agreement and seek a remedy from the Fair Work Commission. If this occurs, the Dispute clause states ““work shall continue normally in accordance with custom and practice existing before the grievance arose”. This means the withdrawal cannot occur whilst the matter is in dispute.
The ASU will keep you updated on this important issue. Please support your ASU Delegates Stephen Mason, Sue Bentley and Cathryn Jackson by sending them emails of encouragement.
For further information please contact:
ASU Organiser Merri Blair | 0458 884 503 | firstname.lastname@example.org