Armaguard have responded.
Since the last communication on the 23rd of February Armaguard has come back with the following undertakings.
- Ensure the signature page has all signatures;
- Consultation clause to include consultation where there are proposed changes to rosters and ordinary hours;
- Replicate the NES on the abandonment of employment;
- Ensure the NES is complied with regarding redundancy pay;
- Provide a second meal allowance if more than 4 hours overtime worked;
- Increase the meal allowance rate in line with the Award;
- Comply with the Award on Sunday overtime rates with a minimum payment of 4 hours;
- Ensure employees have two paid rest intervals as per the Award;
- Replicate the Award around overtime being 150% for the first 2 hours then 200%;
- As per the Award TOIL to be paid out at overtime rates;
- Comply with the Award provisions on the direction to take annual leave; and
- Provide a first aid allowance to an accredited employee appointed as a first aid officer.
However, despite Fair Work’s request to do so Armguard is refusing to make the following undertakings:
- The agreement offers overtime for work beyond 38 hours per week or after 8 hours worked per day. The Award provides overtime for work within the ordinary hours but in excess of the hours fixed for an ordinary week’s work, or, outside the ordinary hours of work. The employer will not change this.
- The agreement does not contain an overtime provision specifically for part time employees. The Award provides that part time employees are entitled to overtime for all time worked in excess of the hours as agreed. The employer will not change this.
- Clause 10.4.3 of the agreement states that casual loading is not payable on penalties or loading. It appears that under the Award casual loading is payable on penalties and loadings. The employer will not change this.
- The agreement does not offer employees a laundry allowance. The employer will not change this.
- The agreement meal allowance applies if an employee starts at or before 12pm and they work 8 hours and work after 6.30pm or if they start after 12pm and work past 8pm. Under the Award an employee required to work for more than one and a half hours of overtime without being given 24 hours’ notice after the employee’s ordinary time of ending work is entitled to a meal allowance. The employer will not change this.
- Clause 20.6.3 of the agreement provides that an employee due to finish work within 6 and a half hours, may forgo the meal break provided at the ordinary time rate of pay. The Award does not appear to provide a similar provision. The employer will not change this.
What can you do about that? As you are not in negotiations and not in a position to renegotiate the agreement because the ballot got up, your only option at this point in time is putting some pressure on Armaguard to do the right thing by you and make all the undertakings to make your agreement the best it possibly can be.
Some members have suggested a petition similar to the one that Armaguard Metro is doing to support you would be a great idea. You can access the petition here, be sure to pass this onto all your colleagues for them to sign too.
The more people involved the stronger your union is, be sure to ask your colleagues to join your union https://www.together.org.au/join/
If you have any questions send an email to firstname.lastname@example.org