Design, Technology, Innovation and Being a Stick!

St Andrew`s School Enterprise Agreement 2019


10.08.21 Posted in Uncategorized by

Swinburne University had begun lengthy negotiations over a period of 12 months with the National Union for Workers` Education (NTEU) and other negotiators for a proposal for a company agreement concerning their academic, senior and general staff, including contingency and meeting staff. When a majority of employees finally voted for the Swinburne University of Technology, Academic and General Enterprise Agreement 2014 (agreement), the NTEU refused the FWC`s approval of the agreement on the grounds that there had been no “genuine agreement” between the employees, as Swinburne University included a number of staff members in the vote of 3158 employees, who were engaged in the academic year 2013. According to the NTEU, 47 workers did not have the right to vote because they were not relevant Swinburne employees at the time of the request to vote on the agreement. The agreement was adopted by a majority of 57 votes. Your payment and its terms may come from a premium, a registered agreement or an individual contract. These vary from school to school. The decision to involve or exclude staff in a vote to vote on a company agreement can make the decisive difference to the success of the vote. To be able to vote on a proposed company agreement covering the work performed by an employee, the employee must be “employed at that time”. An employee may have the right to vote if the person is employed or employed by the employer (by reference to the nature of the job, the patterns of the employer`s sector and company) instead of being strictly limited to the person having worked at the time of the vote or at the time of the vote. In order to ensure the proper constitution of voting pools and maximise the potential of a company agreement, it is essential that employers in the education sector take an objective, transparent and logical approach to determining who should appear or exclude the ballot.

This is especially the case when the agreement can cover a large number of employees from the meeting or occasion. It will not be enough to include in the voting pool all second-hand staff and meetings who were employed the previous year. Evidence should be presented demonstrating a pattern of work and job retention. The Fair Work Act provides that the class of employees who may be asked to vote on a proposed company agreement are “employees employed at the time an agreement is put to the vote.” With a strictly literal reading, this would mean that a collaborator of circumstance or meeting who is not working exactly at the time of the vote could not be included in the voting pool. The Full Bench felt that such an approach would be too technical and could yield absurd results. If your school has an agreement concluded but has not yet been registered/approved by the competent authority, it may not be posted on the EUI website. The prior agreement is maintained until the completion of the registration/authorisation process. If you have an urgent question regarding your company agreement, order or assignment, please contact our industry managers to resolve your issue. The Full Bench preferred a more practical approach to determining “collaborators employed at that time” and found that it was entirely appropriate for Swinburne University to include casual and meeting collaborators in the voting pool, regardless of the fact that these collaborators may not have worked on the day or days the vote took place. .

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