I think you'll find this of interest: From Dandenong Independent: http://www.inews.net.au/examiner/04e.htm Staff take on RSL club A Federal Court judge has ordered the Cranbourne RSL Sub Branch to restore the rostered shifts of seven young people employed in the club's gaming room, following a dispute about an attempt to introduce individual work contracts. Some months ago management of the RSL presented employees who are covered by the Federal Clubs Award with individual contracts known as Australian Workplace Agreements (AWAs) and asked them to sign on the dotted line. The Federal Court was told last month during an injunction hearing that the employees were told if they did not sign they would have their hours reduced. The club is strenuously denying the allegations. AWAs are similar to those being offered to employees of clubs throughout the state under the Workplace Relations Act. The contracts replace all shift loadings, overtime and supervisor's allowance with a flat hourly rate that would see most employees at the RSL, especially those who work weekends or evenings, lose up to $200 a week, claims the Australian Liquor, Hospitality & Miscellaneous Workers Union. In the Federal Court it was claimed the pressure put on the workers to sign the agreement resulted in one employee resigning in September. Under the Workplace Relations Act, it is illegal to apply "duress" to employees to get them to sign an AWA. In an interlocutory judgment last Monday Justice Ryan ordered the RSL club to reinstate the workers on their average rostered shifts until the case is heard, saying on the evidence it was arguable a threat had been made to the workers who refused to enter into the workplace agreements. The union, which is paying the legal fees for the workers, said seven employees who are members of the LHMWU refused to sign the contracts, saying they would lose money under the deal. The union said the members then had the normal rosters scrapped, their supervision shifts taken away and were told to sign the AWA to get their hours back. Again the members refused and decided to take the court action. "This is a prime example of how Minister Peter Reith's individual contracts are used to slash pay and other benefits that employees get from the federal award system," said union secretary Brian Daley. "Our members were placed under enormous pressure by the club's managers to sign on for a deal that would see their pay drop. And worse still, the government's own watchdog, the Employer Advocate, has approved this deal, which clearly takes money out of our members' pockets and puts it in the RSL's." In the landmark injunction, Justice Ryan found that "the balance of convenience" lay with the seven young workers having their rosters restored before a trial, set for determination on December 22, to determine whether the club has broken the law in applying duress to its employees to sign the AWAs. Manager of Cranbourne RSL Club, Peter Smith, said the club was defending the matter. He says duress did not occur. On October 18 the club issued a notice to all staff to put its case. The notice says the seven employees were free to either sign the AWAs or if a particular employee chose, not to sign the AWA. Whatever the outcome of the case in the Federal Court, Mr Smith said in the notice: "It is vital that the rights and obligations of both the club and all employees are fully respected. The club will not tolerate any behavior by any employee which is inconsistent with the overwhelming desire of the club to ensure that the highest standard of service is provided to members and visitors." ____________________________________________________________________________ Snez Plunkett e-mail: [EMAIL PROTECTED] http://www.peninsula.starway.net.au/~snezp/ ____________________________________________________________________________ -- Leftlink - Australia's Broad Left Mailing List mailto:[EMAIL PROTECTED] http://www.alexia.net.au/~www/mhutton/index.html Sponsored by Melbourne's New International Bookshop Subscribe: mailto:[EMAIL PROTECTED]?Body=subscribe%20leftlink Unsubscribe: mailto:[EMAIL PROTECTED]?Body=unsubscribe%20leftlink
