Complete capitulation by Jetstar.
On Thursday 2 July the ASU took Jetstar to the Fair Work Commission in relation to the Nil48 dispute. Jetstar were failing to apply the EBA correctly in relation to the double time payment that is applicable for all hours worked on a shift that has changed by 30 minutes or more with less than 48 hours notice.
At the beginning of the hearing Jetstar were adamant that they were right. They vehemently asserted that they did not have to pay double time for all hours of a shift that was changed without the applicable notice.
After viewing all of the evidence that the ASU provided and hearing our extensive and detailed submissions Jetstar asked the Commission for 24 hours to get back to the union with its position.
ASU Proven to be right
At 4.56pm on Friday 3 July Jetstar wrote to the Union completely capitulating and agreeing that we were in fact right and that double time payment will be made for all shifts changed with less than 48 hours notice.
Once again this shows the importance of being part of the Union. Without the vast majority of people being members of the union the company would continue to apply the conditions incorrectly and get away with it.
Please see below an excerpt from the letter written to the ASU.
NIL48 Dispute – ASU v Jetstar (FWC No. C2015/3172)
I refer to the conciliation conference in the above matter held 2 July 2015.
Jetstar’s response to the disputed matters raised by the ASU is as follows:
- As outlined in the Side Letter to the Jetstar/ASU Agreement 2015 (EBA) dated 22 April 2015, we confirm the position that any management-initiated changes to a roster that are agreed to by an employee do not represent “mutual agreement”.
- Pursuant to clause 13.11 of the EBA, if the starting and/or finishing times of a shift worker’s rostered shift are changed by more than 30 minutes, without at least 48 hours’ notice of the change, and the changed shift is then worked by the employee, the entirety of the changed shift will be paid at double time, unless the change to the shift occurs by mutual agreement. This will apply to both full-time and part-time shift workers.
- See point 2 above.
- The payment in point 2 above will count for purposes of leave (annual leave, sick leave and long service leave), superannuation and the calculation of redundancy (Ancillary Payments). Where a change to the shift worker’s rostered shift results in the shift worker working overtime, those overtime hours will not attract the Ancillary Payments.
Jetstar will rectify any underpayment arising from the implementation of clause 13.11, from the commencement of the EBA on 28 April 2015, subject to verifying evidence provided to Jetstar by any affected employees that an underpayment occurred.
Please advise Jetstar of your lodgement of the Notice of Discontinuation in relation to this matter.
Early next week the ASU will send you a more detailed account of what took place and talk to you about how to put in a back pay claim for money owed.
Maybe next time Jetstar will pay attention when they’re told that they are wrong. All the ASU wanted was for Jetstar to pay our members correctly and to give you what you’re legally entitled to, instead they tried to twist the words of the EBA and get out of paying you your entitlements.
Stay tuned for more details next week.