The Fair Work Commission has now held the approval hearing for the Aerocare Collective Agreement 2017.
What did the ASU say to the Commission?
At the hearing the ASU told the Commission that the agreement could not be approved as the Commission could not be satisfied that the agreement:
- Passed the pre-approval steps because Aerocare was confused about its correct name. All the paperwork filed with the Commission by Aerocare listed two employers, Aerocare Flight Support Pty Ltd and Aero-Care Flight Support Unit Trust, when the actual employer turned out to be Aerocare Flight Support Pty Ltd as trustee for Aero-Care Flight Support Unit Trust.
- had been genuinely agreed to by employees because casual employees were not given a vote as Aerocare wants to exclude casual employees from the agreement;
- passes the better off overall test when compared to the Airlines Award because the pay rates for ASAs/AASA’s levels one and two are too low taking into account the shifts worked by numerous employees’ over the roster cycle; and
- covered a group of employees that was fairly chosen, again because casuals are excluded from the agreement and the ASU believes this is unfair.
Lots of the issues with the proposed agreement are of the company’s own making. How can they put the wrong employer name on an agreement or exclude large numbers of people you may well ask!
What happens now?
The ASU and Aerocare are now waiting for the Commission to decide if the Aerocare Collective Agreement 2017 will be approved.
The Commission can approve the agreement, or it could ask for more information, or ask Aerocare to try and fix the agreement, or decide that the agreement is unfixable. We expect the Commission decision by the end of August.
Whatever happens now the ASU will continue the fight to ensure our members are paid correctly with fair working hours and conditions, and all ASU members are included in the next Aerocare enterprise agreement.