As was outlined in the ASU’s previous bulletin dnata has been caught red handed setting up a new business with a new Enterprise Bargaining Agreement (EBA) whilst at the same time a labour hire company “coincidentally” has set up another company with a second EBA that is virtually identical.
What has encouraged employers to be so shifty?
Over the preceding year or so we have noticed a sharp increase in dodgy employers trying to rort the industrial relations system in Australia by setting up a new business, or contracting it’s services out to a new contractor with significantly less terms and conditions than those enjoyed by employees currently undertaking the jobs in question.
The Carlton United Brewery (CUB) dispute.
An example of this is when we saw one employer recently enter into a new EBA with 2 casual employees in Western Australia.
Once the new EBA was certified in the Fair Work Commission said CUB terminated its Victorian workforce of 55 maintenance workers and told them if they wanted a job they would have to attend an office up the road where they could sign up to the new contractor and work under the new EBA and continue working in exactly the same jobs for 65% less pay.
This was entirely legal under the current Liberal Government’s legislation. The same Government that is mounting an attack on Shiftworkers penalty rates.
Sound Familiar, could dnata do something similar to CUB?
The unfortunate answer is yes. By doing what dnata has done they have paved the way for exactly that scenario.
- Are dnata being dodgy?
- Are dnata mounting a direct attack on your rates of pay?
- Are dnata management attacking its own workforce to cut costs because of their own incompetence?
We look forward to putting these questions directly to your management however it is hard not to reach a number of conclusions particularly when the company did not seek to discuss ANY of their plans with staff.
What are the possibilities?
We believe that dnata would only set up a new business with a new EBA and work with a labour hire company if it was considering similar tactics or it wanted to achieve a similar outcome to that which CUB was pursuing.
There is no other reasonable explanation for being as shifty as they have been. There would be no other reason to quietly set up a new company and to try and sneak through a new EBA with only two employees.
Here are some other questions you have been asking.
Q. Why would dnata set up another business (AHSA) that could compete in direct competition with itself?
A. – To bid for work with lower labour costs.
– To avoid having to pay you the terms and conditions you currently enjoy.
– To make you fearful when trying to negotiate a new EBA.
– To have a workforce engaged via labour hire so they are not ultimately responsible for you.
Q. Are the terms and conditions at AHSA much different to what I currently get paid?
A. The terms, conditions and rates of pay for employees are significantly less than you currently get paid.
Can we stop this onslaught by dnata?
Absolutely, but you must be prepared to stick together?
The CUB employees won their dispute by sheer determination, by all being in their union and by ensuring they stuck together. The ASU will stick by its members and we will fight dnata wherever we have to fight them to ensure that your management clearly understand that we will not stand for these underhanded tactics and the attack on your wages and conditions.
Dnata’s actions are absolutely deplorable and we will hold them to account. We cannot and will not be intimidated by this hostile act.
You deserve to be angry about this move and we urge you to tell the company how you feel when they do their roadshows over the coming week or so.
What can we expect from the dnata roadshows?
Expect them to be tricky with their answers, expect them to use spin to avoid telling you what their adversarial actions really mean. Demand answers and hold them to account.
Will the ASU be attending the company roadshows?
No, the ASU will be conducting our own meetings in all locations over the coming weeks, stay tuned for the times and locations for your union meetings. Make sure you come along.
We have also demanded a meeting with the company for all of your ASU delegates from around the entire country to attend so that the company can directly answer the ASU’s and your delegate’s questions face to face. This meeting is scheduled for 15 March 2017
If you’re not a member of the union then what are you waiting for, there has never been a more important time to join
You can join online at www.asu.asn.au/asujoin