UNITE Journal July 2014

UNITEASU Victorian Private Sector Branch Magazine June 2014

THE QANTAS CRISISEverything you need to know

Industrial Bargaining NewsSee where your workplace is at

Ask terryTerry answers your questions

FEDERAL BUDGET PAIN And what it means for you

victory at racvLong running dispute resolved

Budget pain for working families

EMC-ASU Journal June 2014 FA.indd 1 19/06/2014 11:50 am

UNITE June 2014

CONTENTS1State of the Union

2News

4Qantas Pain Continues

6Your EBA Round Up

7Member Spotlight - Meet Brett

8Geelong Jobs RallyAre You Being Watched at Work?

9Ask Terry

BackWho’s fighting for our jobs?

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Authorised by Ingrid Stitt, Branch Secretary

Australian Services Union Victorian Private Sector Branch2nd Floor, 116 Queensberry StCarlton South VIC 3053P: (03) 9342 3300E: [email protected]


UNITE June 2014

2014 has been incredibly tough on the jobs front. Many thousands of Victorians have been made redundant and many more are nervously waiting to see if their job is safe – and not just in the manufacturing industry. In this edition of Unite we look at who has been affected in ASU ranks and how the union is fighting back to save as many jobs as possible in companies like Qantas. We also ask what are governments doing to support and encourage employment opportunities in hard hit regions such as Geelong?

With a state election looming later this year ASU members will be carefully considering who deserves their vote and who will fight hard for their future.

Federally Abbott Government’s first budget is introducing radical change to our universal health care and welfare system including a proposal to increase the retirement age.

The Commission of Audit has also proposed that the growth in the minimum wage should be slowed by applying an indexation factor of CPI less 1 percentage point for a period of 10 years (growth of around 1.5%) until it reaches 44% of National Average Weekly Earnings. This would consign Australian workers on the minimum wage to well below the poverty line.

These government changes will have a profound impact on ASU members and their families. This is a scorched earth vision for Australia and the union movement will oppose these attacks on our future.

A message from your branch secretary

In this edition of Unite we examine the recent budget changes and what they will mean for you and your family.

As always I encourage ASU members to get active in the union. We are seeking to make this easier than ever with the upcoming launch of a new website that will make engaging with the ASU and participating in union campaigns more accessible. Keep an eye out in the next few weeks for our launch. It will give us the ability to campaign online and provide you with instant access to up to date news and events.

In addition all our governance, union disclosures, privacy policy and financial results are available for members to view.

Despite the gloomy outlook on the jobs and cost of living front, ASU members continue to inspire us with strong EBA outcomes and local campaigns to make our members working lives better. The entire team at the ASU will continue to work hard to support you and your colleagues throughout 2014 and beyond.

In unityIngrid StittASU Branch Secretary

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STATE of the UNION

This is a scorched earth vision for Australia and the union movement will oppose these attacks on our future.

Branch Secretary Ingrid Stitt

From 1 July 2014 ASU union fees will increase by a modest amount (30 cents per week for a full time member) representing far less than inflation.

Recognising that ASU members are doing it tough the union has not increased fees since July 2011.

The small increase to your fees that is necessary this financial year still represents the best investment you can make to protect and enhance your conditions at work.

Union members who utilise the discount services negotiated by the ASU can actually make their union fees pay for themselves. And don’t forget that your union fees are fully tax deductable.

United we bargain, divided we beg!

30 hours p/w or moreAdult Junior

Weekly $10.40 $7.90

Fortnightly $20.80 $15.80

Monthly $45.10 $34.25

Quarterly $135.20 $102.70

Yearly $540.80 $410.80

LESS THAN 30 hours p/wAdult Junior

Weekly $8.05 $6.30

Fortnightly $16.10 $12.60

Monthly $34.90 $27.30

Quarterly $104.65 $81.90

Yearly $418.60 $327.60

2014-2015 ASU Union Deductions


UNITE June 2014

NEWS - FEDERAL BUDGET PAIN

Tabcorp walks away from Award

There were more losers than winners when Treasurer Joe Hockey handed down the Federal Budget in May. From young job seekers to pensioners, students and older workers, very few Australians won’t feel the pinch of the new Government’s economic plans.

The Government made it clear in their election campaign that the “age of entitlement” was over. However, few could predict the ways in which the Australian way of life would be undermined.

Some of the changes:

• People under 30 will be denied Youth Allowance or New Start for the first 6 months of unemployment, forced into job search and employment services.

Government changes will profoundly impact on families

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Safety Net Members across Tabcorp are fighting to keep their Enterprise Awards as Tabcorp pushes for collective agreements to be underpinned by the Retail Award. ASU members on course and in TAB agencies have had their own specific Awards for decades.

• Universities will be given the freedom to set any fees they like, deregulating the market. There will be a dramatic rise in universities fees, adding to the debt young people will carry their whole lives.

• The pension age will be extended to 70 by 2035. Not only this, but the pension will be cut by $200 a fortnight, starting in 2017.

• In situations of company collapse, the maximum redundancy entitlement available under the Federal Entitlements Gaurantee will be 16 weeks regardless of what your EBA states. This will hurt many ASU members, who have spent

their lifetime in loyal service to their companies.

• The budget is set to destroy universal access to Medicare by introducing a $7 co-payment. The cost of medicines under the PBS will also be subject to a co-payment of $5 and the cost of pathology services will increase from July 2015.

• 16,500 public service jobs will be slashed – and thus front line services will suffer.

The ASU has made applications across NSW and Victoria to the Fair Work Commission and the union will argue that existing Enterprise Awards that cover wagering functions provide the best safety net in what is a unique industry.

For many decades the Tabcorp specific awards and the Clerks Award have formed the safety net for wages and conditions in the industry.

Selling bets whether in a Tab Agency or on-course at racetracks is more than just a retail selling environment. Union members have been taking part in surveys to support the union’s case.

In contrast to Tabcorp’s strategy the Agents Association in Victoria is supporting the maintenance of the existing Enterprise Award for Tab Agencies.

The union will keep fighting to protect conditions for all our members across the wagering industry.


UNITE June 2014

Pregnancy Discrimination

A report released by the Australian Human Rights Commission (AHRC) last month, has found that half of all Australian working mothers say they have experienced some sort of pregnancy or caring-related discrimination at some stage by their employers.

The survey of two thousand women, who were on parental leave, described instances and the impact of bullying, workplace harassment and discrimination during pregnancy or when the mothers tried to return to work.

The main problems with pregnancy discrimination occur when affected workers do not know what their rights are, or are afraid to take action.

Women and mothers still experiencing pregnancy discrimination

Victory for RACV workers

HOW TO GET THE FACTS:

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can it happen to me?

In 2011 to 2012, 21% of complaints under the Sex Discrimination Act received by the Commission, related to pregnancy discrimination or family-related responsibilities.

Parents are protected under the Act, and the law is clear: pregnant or potentially pregnant workers cannot be disadvantaged during the recruitment process or at work.

Provisions should be made available to ensure minimum leave entitlements are met for employees, including up to 12 months unpaid maternity leave after 12 months of service, as well as access to sick leave when ill in the duration of the pregnancy, other concessions may also be available in your workplace.

Workers on maternity leave also have the right to request from their employer that the unpaid parental leave to extended to 2 years.

Workers are also protected against dismissal and retrenchment if based on pregnancy or likelihood of pregnancy.

The research also reflected that a high number of respondents experienced discrimination when trying to get back to work on flexible arrangements, such as part-time or on a job-share basis. In this case, many awards and agreements and Victorian State laws specifically allow for a return to part-time work after maternity leave upon agreement with the employer.

If you think you are being discriminated against, contact the union office, and we will be able to give you all the information specific to your case, or take the necessary steps to help you negotiate an outcome that will assist you balance work and family responsibilities.

Last year’s long running bargaining dispute at the RACV Roadside Assistance Call Centre has been resolved after the union and RACV agreed to attend conciliation at the Fair Work Commission.

Members at RACV took 9 rounds of industrial action in the lead up to Christmas last year. This was in response to an aggressive bargaining

position taken by the RACV who were seeking trades offs on key employment conditions including:• Performance pay – Mercer• Trade off conditions to

receive a pay increase • Trade off paid meal break

and tea breaks• Reduce redundancy package from 74

weeks to 48 weeks• Change averaging pay system

After 9 separate conferences before the Fair Work Commission the parties agreed to recommend an EBA settlement to the workforce. Recently this EBA was overwhelmingly approved by ASU members and came into force on 11 April.

What we won:• Fought off performance pay• Received a modest wage increase

BUT no trade offs

• Secured paid meal and rest breaks• Members kept redundancy

entitlements • Agreed process to deal with salary

averaging – under the auspices of the Fair Work Commission.

This outcome is a credit to all our members at the RACV and the strong leadership of ASU Delegates Jackie Gadsby, Lee Hucker, Trish Gittins and Marion Phillips.

The ASU congratulates members on their resolve and thanks those unions and supporters for their solidarity during the long running dispute.

RACV VICTORY

21% of complaints under the Sex Discrimination Act related to pregnancy discrimination.

There were 9 separate conferences before the Fair Work Commission before there was agreement


UNITE June 2014

ASU have been in negotiation across almost every part of the airline to minimise job losses

Keeping you informed on the Qantas Crisis

Qantas Pain Continues

February 27th 2014 was a dark day in the proud history of the airline, and the people who have worked for many years with dedication and loyalty across the Qantas group of companies.

At the half-yearly profit announcement, and after weeks of rumours, CEO Alan Joyce announced a Loss After Tax of $235 million and the axing of 5000 jobs from the Qantas Group.

On the very same day, the ASU vowed to fight to save every job.

In our bulletin to Qantas members the ASU said the following:

Everyone has become an expert on Qantas in recent weeks – politicians, media commentators and the man/woman in the street – some will seek to blame us for our wages and conditions and seek to downgrade the importance of the jobs we perform and justify the cuts. We cannot and should not accept this as no one has been through more restructures, changes, adaptation to technological change and job losses over the years than ASU members. – ASU bulletin to members 27 Feb 2014

ASU Delegates showed great leadership on the day, and stood by ASU Secretary Ingrid Stitt as she spoke to the media. They didn’t shy away from a newspaper photo opportunity, determined to put a face to the jobs crisis created by CEO Alan Joyce.

ASU Branch Secretary Ingrid Stitt in response to the announced job losses said “Frontline workers should not take the blame for poor management decisions. Our union will fight for every job. It is not right to characterise “back-office” jobs as somehow not important. These are critical roles in the safe and efficient day to day operation of the airline and we will fight to keep them”.

and that’s what we have been doing

Your ASU airlines officials, together with ASU Delegates, have been in negotiation across almost every part of the airline’s operation to minimise job losses by moving employees into different positions, levels and areas of the business and arguing for the maintenance of safe staffing levels and rosters. We have had some success in limiting job losses

but there is no doubt that many experienced and loyal Qantas workers will see their jobs go in this frenzy of restructuring.

Sadly we will lose some very long serving and loyal Qantas staff as a result of voluntary redundancies at our airports. These people will progressively leave the business by the end of the financial year.

We have also experienced job losses in Catering, Freight and in a range of support areas. The union will continue to represent the interests of Qantas ground staff as the restructuring continues.

Our efforts are also going into bargaining for Jetstar ground staff who are facing a difficult EBA as the low cost carrier asks staff to take a zero percent wage increase and can’t say for how long staff would be expected to not receive a pay increase!

Qantas Call Centres Hung out to Dry

Qantas Call Centres have also been the subject of an internal review.

In a major blow to hundreds of highly skilled ASU members in Melbourne and Brisbane the airline has seen fit to announce the closure of call centres on the mainland and will send the work to Hobart and Auckland.

This was after Qantas sought money and support from each of the state governments in Tasmania, Victoria and Queensland. It’s now been revealed that the Tasmanian Government has subsidised Qantas to the tune of $10.9 million to consolidate the work to Hobart.

Clearly the Victorian and Queensland governments did not fight hard enough to save our members jobs in those states.

It would appear we are back to the bad old days of state governments poaching jobs from other states. The big losers

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UNITE June 2014

Qantas must remain Australian owned and the public agrees.

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in this scenario are the hard working and loyal ASU members and our union will stand by them at this difficult time.

We think this decision is not only a poor one for the affected staff but for the travelling public as well. Some of Australia’s most successful companies have recognised the benefits of having multiple Australian based call centres - Qantas should do the same.

We will also be stepping up our campaign with our nation’s politicians who cannot stand back and watch good Australian jobs go offshore. The ASU has launched a TV ad that is airing in a Qantas Club lounge near you.

QANTAS SALE ACT

There is no doubt about the competition that Qantas faces in the market with Joyce saying, “we are facing some of the toughest conditions Qantas has ever seen.”

Qantas approached the Federal Government, requesting a debt guarantee for the airline. Treasurer Joe Hockey and Prime Minister Tony Abbott rebuffed the request with a hard-line stand, “if you do something for one, in fairness you have to do it for all”, and made it clear that “this is a government which is not in the business of favouring one company over another”.

It is clear that the federal Government and Qantas agree on one thing, however. Prime Minister Abbott’s preference is to remove the 49% foreign ownership restriction on Qantas.

This move would allow Qantas to access additional foreign investment, but Qantas would lose it’s status as our national owned airline.

It is the ASU’s strong belief that Qantas must remain Australian owned. And the public agrees too. We know that the public support the Flying Kangaroo remaining Australian owned. That’s why we oppose changing the Qantas Sale Act.

The threat to jobs that comes with easing the foreign ownership restrictions, and removing the requirements for jobs to be based in Australia, will lead, as ASU National Assistant Secretary Linda White puts it “to a superhighway for offshoring jobs.”

At the moment, Qantas operations must be situated in Australia, but the union is concerned is that head office, operational and back-office jobs might be sent overseas.

Qantas has built an enviable safety and customer service reputation and ASU members based here in Australia are a big reason for that success. Sending these jobs off-shore would undermine that reputation and destroy highly skilled aviation employment in our country.

Across the world government’s understand this and support local jobs attached to their national carriers and protect those markets. Australia needs to re-think its aviation policies in this regard.

Right now, the Abbott Government is ham-strung in the Senate. Qantas supporters will have to lobby the cross-benches, minor parties and independents to ensure that our share in Qantas stays in Australia – as well as all the jobs of ASU members attached to that!


UNITE June 2014

TENIX

Members at Tenix recently finalised their new EBA which delivers wage increases of 3%, 3.5% and 3.5% over each of the next 3 years. Further major improvements were made to the redundancy package and the long-standing system of RDO’s has now been enshrined in the new EBA. This was an outstanding result for ASU members at Tenix who, after some weeks of Tenix management stalling, threatened industrial action before management saw sense and negotiated a fair outcome. Congratulations to long time delegates Helen Grover and Pete Morrish and all members who stood firm, remained tough and got a very good result.

NEC

After many months of tough negotiations members at NEC recently saw their new EBA finalised. Members worked hard to ensure they maintained all long standing terms and conditions. This has been done against a backdrop of what will be major organisational change at NEC which may also

David Leydon - ASU Assistant Secretary

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your ebaround up

include a change of location from the traditional Mulgrave site into the CBD in the months ahead.

sLATER & GORDON

Negotiations have now commenced for the new EBA at Slater & Gordon. As this is a national agreement. All S&G sites across the nation were surveyed by the ASU with the results of the survey forming a draft log of claims. This log of claims was endorsed by a series of members meetings throughout April and May and discussions with management are now well underway.

OTHER BARGAINING NEWS

EBA negotiations have also started or will be starting in the weeks ahead in a number of other workplaces including Startrack, TNT, The Wilderness Society, World Vision, Moreland Energy Foundation, Sigma Pharmaceuticals and Southern Metropolitan Cemeteries Trust.

Agreements have also been finalised in recent times at a number of places

including John Sands, IGA, Serco and Myer Distribution Centre.

ARMAGUARD

ASU reps have now held several meetings with Armaguard management with a view to tidying up the current Job Classification and Grading system. It was agreed in the recently finalised new EBA at Armaguard that all jobs and grades would be looked at during the first 6 months of the new agreement to make sure they adequately reflected what happens on the Armaguard Victorian Branch Cash Room floors. Where inadequacies in the process can be identified the Union will be seeking upgrades for members on a case by case basis.

RACV - ROADSIDE ASSISTANCE CENTRE (RAC)

The Union continues to fight hard for members in the RAC who, despite resolving their recent EBA dispute, now have a new battlefront as the company seeks to change its long standing pay system. The Union has run a series of hearings in the Fair Work Commission to ensure no members are left worse off as a result of the changes RACV management want to make. The fight continues.

RACV - member CONTACT CENTRE (MBC)

The Union continues to recruit new members in the MCC. A number of issues have arisen around poor treatment of staff by aggressive managers and the ASU is assisting members in these matters. With a new and large group of ASU Delegates present, the Union is gaining a sizable foothold in the MCC and will be a force to be reckoned with when managers step out of line at the RACV.

Many workplace EBAs have been finalised – make sure you know what your rights, condition and pay will be in 2014/2015!


UNITE June 2014

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Member Spotlight: meet brett

Meet Brett Whitehead, ASU Delegate at Menzies Aviation. He has worked in the aviation industry for 25 years, 20 of those, as a loyal Union member.

Having been part of a small team in Albury-Wodonga, where he is from, Brett understood that there was “strength in numbers”. He knew that when the workers are few, there is nothing better than having the union right there to back you up, when things get difficult.

“The Union is there to ensure management adheres to the conditions we fought for. We have legal rights, and workers need to know that. This is why I became a union Delegate.

“Someone once said to me they didn’t believe in shift penalties, so I said ‘how about we only open the airport between nine and five, Monday to Friday?’ From then on, they understood what it meant for the community.”

“People don’t want to give up their weekends and their nights with their

Brett Whitehead from Menzies Aviation is thankful for penalty rates

“I love resolving issues and when I walk into a room the members know the union has their back.”

families; it’s not easy. This is why we are compensated for our sacrifice. It also enables us to give the community the service that it needs, when they need it.”

When asked what the favourite aspect of his job was, Brett was quick to say that he enjoys dealing with people, and “learning from others from different cultures”. This is what keeps him passionate about his role as an ASU delegate despite the, at times, hard work.

“Members can be scared to go in and talk to management, but I love resolving issues, and when I walk into a room with them, they know the Union has got their back. I’m really proud of that.”

It is not always easy to be a delegate, especially in a sector where there can be hostility towards unions.

He hopes the Union and other delegates can focus on growth amongst young workers in the year to come.

“We need to make sure we are talking to young people getting into the industry about the importance of the union. They’re not always aware of what unions are, that they have rights, and that the unions fought for the rights they have!”

Yet, you cannot have Delegates without teamwork. Brett says he feels lucky he has strong support within the Union, who are forever ready to give him advice, “sometimes I think I’m annoying him [Matt Norrey, Brett’s Organiser], but he’s always ready to help!”

A bit of trivia about Brett: He loves riding his bike four to five times a week.

Brett Whitehead


UNITE June 2014

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Geelong community hit hard by collapse of manufacturing sector

geelong jobs rally

Re-skilling people and transitioning them into jobs lifts the community

The most pressing issues for call centre staff was the lack of variety in work and stress related to excessive monitoring.

Unemployment is at a decade high across Australia. Hardest hit by unemployment, especially youth unemployment is the Geelong region. The loss of the automotive industry with the exit of Ford, Holden and Toyota in a 12 month period, coupled with the continued decline in manufacturing across the board leaves a bleak picture in some of our more industrial employment pockets.

In March the Geelong Trades Hall organised a rally and family day for

the community. The ASU stood side by side many of our friends from across the union sector to call to an end to the uncertainty and jobs crisis facing Victoria. Premier Napthine has not

Are you being watched at work?

Workplace surveillance is a big issue in many ASU workplaces, especially call centres where every minute of workers days can be monitored by employers. ASU Secretary Ingrid Stitt appeared on the Project to talk about the results of recent research the union conducted into call centres. We found the most pressing issues for call centre staff was the lack of variety in work, and stress related to excessive workplace monitoring.

The report is available for download on the website, and watch the video of Ingrid on the Project on our facebook page!

Resources for call centre workers can be downloaded from the ASU website including a best practice health and safety guide that gives call centre workers some great advice about how to tackle monitoring and unfair KPI’s at work.

released a plan for jobs, and at the same time has refused to restore the $300m he has stripped annually from our TAFEs. Re-skilling people and transitioning them into jobs lifts the community, and that’s why it was important that the ASU add out voice to the chorus.

Branch Secretary Ingrid Stitt spoke at the rally about the importance of all levels of government having an integrated plan for the jobs of the future in regions like Geelong.

Ingrid Stitt speaks at jobs rally


UNITE June 2014

Ask Terry

Terry O’Loughlin is one of our industrial officers who commonly deals with day to day issues faced by employees across the workforce. He looks after the ASU Assist members – members who are often solo union members in their workplace and looking for guidance on everyday issues. Each edition of Unite we will highlight one of the commonly asked questions.

My employer is asking everyone to submit to a compulsory medical examination. What are my rights, why are they asking for this, and do I have to comply?

Thanks for your question, you’re definitely not alone in raising this one! There are a variety of reasons why an employer may request a compulsory medical examination. Issues raised have been different depending upon the individual’s circumstances. They may have involved an employee returning to work from an injury or from extended sick leave. They may have involved an ongoing illness whilst still undertaking their duties.

The reason behind the employer’s actions to have their own doctor examine an employee or seek further information from the employee’s doctor could be because the employer is seeking to identify whether the employee can perform their job. In general the law recognises the need for employers to provide a safe workplace and as such it may be considered that the actions of the employer in seeking further medical evidence is reasonable.

However regardless of the circumstances, the employer would still need to demonstrate that there was a genuine need for their actions and that those actions are undertaken in a reasonable manner.

The employer would still need to recognise issues of privacy and respect of the employee’s rights and such mandatory medical examinations could make matters worse for the employer if undertaken for illegitimate reasons or if conducted in an inappropriate manner.

If you are facing such a situation then the following are issues you need to consider:

• What is the purpose of the examination? If it is to deal with issues concerning Occupational Health and Safety or your ability to perform your work then it should not be an examination where the doctor is examining other matters.

• The doctor’s report should concentrate on the specific issues that have been identified by the employer and not be some open ended examination. Where possible you need to confirm all of this with your employer before attending any medical examination or approving any requests by your employer for further medical information from your doctor.

• If the issues are around your ability to perform your duties then any examination or information sought by your employer should go to the specific duties you perform and not be about your ability to perform a wide range of tasks beyond your normal duties.

Finally if you feel you are unreasonably treated you have a right, under the law, to raise these issues with your employer without being penalised however the ASU understands the reality that many workers face at their jobs and recommends that you contact the Union to discuss your problems before speaking to management.

QUESTION:

terry:

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There are a variety of reasons why an employer may request a compulsory medical examination.

Terry O’Loughlin


UNITE June 2014

In 2010, Victoria got a new Liberal government. Every day since the election, over 41 workers have had their jobs wrecked because Ted Baillieu and Denis Napthine have failed to develop a jobs plan. Denis Napthine and Ted Baillieu stood by and watched as Victoria’s services jobs are sent interstate and overseas. They’ve steered Victoria’s economy into a jobs crisis, and broken important promises about new hospital beds, more firefighters and ambulance response times, and TAFE closures. In one way or another, every Victorian worker has been let down by the Baillieu-Napthine Government. As union members, we can work together and support each other to hold this government to account. Union members are joining together in a co-ordinated campaign, called We Are Union.

Since January this year, union members just like you have

Join the Victorian Trades Hall Council’s campaign to fight for jobs this state election

Who’s fighting for our jobs?

volunteered to make phone calls and go into the community to knock on doors to talk to your friends, family and neighbours.

By talking to people in the community, about the issues that are important to you, like health, education, emergency services and jobs, we can make a real difference when the election comes in November. So far, more than 1000 volunteers have knocked on over 24,000 doors and made 6000 phone calls. Each of those represents a conversation

In one way or another, every Victorian worker has been let down by the Baillieu-Napthine Government. As union members, we can work together and support each other to hold this government to account.

that can change the outcome of the election.

Victorians need a government that cares about working people, and treats communities with respect. Denis Napthine has been given an opportunity to demonstrate his good faith, but he’s let us down.

So we invite you to join fellow union members at the next campaign event. Get involved, get active, and be part of the biggest coordinated union campaign in years. We’ll be proud to have you on board.

Firefighters stand up to Napthine’s cuts


Documents

UNITE Journal July 2014