The ASU put into dispute an interpretation issue regarding a specific clause in Appendix 5 Maintenance after-hours Availability allowance under the current Enterprise Agreement.
ASU members raised a concern with ASU Organiser Emma Bagg, regarding this clause and how it is to be paid with respect to Clause 4.4 ‘Street/Christmas parties’ and that it is not read in the same way by Council.
The ASU has sought internal legal advice about the interpretation of this clause. The advice was that the reference to clause 4.4 should have been to clause 4.3, as it covers overtime broadly, whilst clause 4.4 is limited to Street/Christmas parties. This reference does not make sense for the operation of the clause.
It is not an ‘extra claim’ from the Council but a question of interpretation.
If there is/was a typographical error in the Agreement which negatively impacts on our members and Council attempted not to honour the intended meaning, we would encourage putting the matter in dispute to protect members rights. Similarly, we would dispute the matter if Council attempted to claim an error was present to benefit them.
It is imperative that all members look at into your Enterprise Agreement to ensure you are aware of your working entitlements and if you seek to have improvements next year when negotiations will begin for a new EBA.
Your ASU Delegates are:
For further information or to become a Delegate please contact: One of your ASU Delegates or
ASU Organiser Emma Bagg | firstname.lastname@example.org