WHY ARE WE WAITING?
USU Members have asked us they have had to wait so long for a new enterprise agreement? Well, we’re asking ourselves the same question.
The USU and Tabcorp reached in-principle agreement on a deal since October last year. We recommended the agreement to USU members, who told us to accept the deal.
The next step in the enterprise agreement making process is for Tabcorp to ask the employees who would be covered by the agreement to approve it by voting for it.
Tabcorp refuses to ask you to approve the agreement.
WHY WON’T TABCORP ASK YOU TO VOTE FOR THE AGREEMENT?
Tabcorp says that it won’t put the Agreement to a vote because it won’t be approved by the Fair Work Commission because it doesn’t pass the Better Off Overall Test.
What is the Better Off Overall Test?
All agreements need to be review by the Fair Work Commission before they start operating. The Fair Work Commission checks that the new agreement provides pay and conditions that leave all employees ‘Better Off Overall’ than if they were being paid according to the ‘Award’.
What’s the problem?
Minimum wages and conditions in Australia are regulated by regulations called ‘Awards’. There is one award for each industry. Your award is the Clerks – Private Sector Award 2010. This covers all clerical workers in Australia, including call centre operators and bet-takers. These are the minimum standards in your industry.
Tabcorp is concerned that the amount you are paid to work on Saturdays isn’t enough to match the modern award Saturday rate.
Tabcorp wants to get around the industry minimum standard by saying that another award applies. The problem is – you don’t get to choose your award. That’s a decision for the Fair Work Commission
WHAT SHOULD TABCORP DO?
Tabcorp could solve this by just agreeing to pay according to the minimum standards for Saturday work. Or, Tabcorp could put the Agreement to a vote and ask the Fair Work Commission to help it resolve the Better Off Overall Test issue.
The USU has written to Tabcorp seeking urgent discussion to resolve the issue. We’re hoping that with the help of the Fair Work Commission, we can get you a new enterprise agreement as soon as possible.
WHAT SHOULD YOU DO?
Stand united and don’t fall in to the trap of being divided. A united workplace is a strong workplace.