The Fair Work Commission has made orders that Aerocare must produce a range of employment and rostering documents to the Commission to allow further analysis to be done, as serious questions have been raised as to whether the agreement is legal.
The ASU is of the view that the agreement is not legal because it unfairly excludes casual employees, and because of several clauses which are worse than the legal minimums set out in the Modern Award, for example:
- Weekend penalty rates are significantly lower than the legal minimum;
- Ordinary hours of work are 24 hours a day rather than 7am – 6pm (as in the Modern Award), meaning employees are not paid penalty rates for work at that time;
- Overtime arrangements are significantly less than the legal minimum;
- The agreement allows split shifts which are not allowed in the Modern Award;
- Many allowances and conditions which are in the Modern Award are not in the agreement.
It is really important that we make sure that the agreement complies with the law.
These issues will be tested at a hearing before the Fair Work Commission in Brisbane on 13th & 14th July 2017.
We will keep members updated as to developments.
Why is Aerocare withholding your pay increase?
Aerocare is allowed to pay you the 5% pay increase that is in the agreement right now. It is choosing not to. This is particularly bad given that the Fair Work Commission has ordered that anyone who is paid under a Modern Award will get a pay increase of 3.3% from 1 July 2017.
Don’t be fooled – the only thing stopping you getting your pay increase is Aerocare.