Bargaining for a new Enterprise Agreement is continuing after the ASU secured a resolution to the coverage of members who have moved or are moving to Retail X. Members would probably be aware that Retail X is being touted as the way ahead at Origin and some employees have transferred across already.
Of concern to the ASU were the terms these members were employed – or rather it was purported they would be employed on. These were stand-alone, common law contracts not underpinned by the agreement and were seriously deficient in terms and conditions across a range of areas.
The ASU obtained copies of the contracts and have sought to provide these employees with their lawful entitlements.
Under the Fair Work Act, an employee cannot individually contract out of an enterprise agreement that covers them. Retail X shares the same ABN as Origin and the substance of the work carried out is that covered by the current Origin Agreement.
Over recent weeks the ASU, including your workplace reps have been in discussions with Origin to assure coverage of these employees and also to fix the existing terms and conditions these members have been employed under.
We can now report that Origin has given a written commitment to include these employees under the current enterprise agreement, and will negotiate with the ASU around any particular differences in terms of patterns of work and classification. Origin has also listened and are adjusting the conditions of employees at Retail X to match those of the agreement.
We now look forward to recommencing bargaining and hope to conclude an agreement shortly. We will update further as we progress the negotiations.
For further information please contact:
ASU Organiser Jonathan Smallbone | email@example.com