BREAKING: Fair Work Commission Rejects Aerocare Agreement as it does not meet legal standards
Today the Fair work commission has rejected the substandard Aerocare agreement that was opposed by the Australian Services Union and the TWU.
All along we have maintained this agreement would not meet the strict tests set down by the court and the law and we were right.
In a long, detailed and considered decision the Fair work Commission says a number of things we have said about this agreement:
- It should have included the casuals who were excluded from voting & in the agreement
- The FWC was not satisfied that the agreement passed the Better Off Overall Test (BOOT) required by the law – as the rates are too low to cover a number of the key Award conditions that are missing from the agreement – this means the Commission was concerned employees would be worse off than under the Award
- The company’s attempt to include parking reimbursements for every shift was not appropriate in calculating the BOOT
- Providing split shifts in the agreement without paying overtime rates is contrary to the Award
- And much much more……
This is a significant & important decision & vindicates the union members who stood up to say this was not a good agreement – it is also a sad indictment on the company who relentlessly told staff the wrong information about the agreement.
It is time Aerocare management & their owners did a fair deal for hard working staff – they deserve no less.
For a printable version please click here.