As you are aware the ASU was in the FWC today in relation to employees not receiving a paid meal break when working overtime.
At today’s hearing both the ASU and the company put forward arguments as to what should or should not apply, and, how the entitlement should continue to operate into the future.
Whilst there were no concessions from the company’s advisors in relation to an employee’s entitlement to a paid meal break we do know that since the ASU formally raised the matter earlier this year that Menzies have commenced giving people a paid meal break when working overtime.
It is the ASU’s position that this continue to be the case moving forward and that the issue at hand that needs to be dealt with is what happens with the past when employees were not being given a paid break. For example does the company owe anything to employees who did not get a paid break or do they not?
Obviously the ASU’s position is that employees should have received a paid meal break and we will continue to argue this point and attempt to reach a settlement with Menzies in relation to this matter.
Where to next.
At today’s hearing the ASU put a position to the company on how we say that this matter could be settled. It was agreed that the company would require a period of time to investigate the extent of the claim that the ASU has put forward and will report back to the FWC and the ASU at a hearing scheduled for 2 weeks’ time.
The ASU is of the view that the company needs to understand the extent (and the cost) of the position put by the ASU so that they can properly respond when the FWC reconvenes in 2 weeks’ time.
Rest assured that the ASU will continue to vigorously pursue this matter on behalf of our members to ensure that our members get what they are entitled to.