Working to Live - Bulletin 16

The ASU's EBA 7 document has now been finalised and will shortly be circulated by Qantas ahead of a vote of staff. The new EBA 7 is a consolidation of the previous ASU EBAs 1-6 for Qantas and QFIT staff and is quite a long document. It also contains new EBA 7 provisions.

Qantas have opted to send the EBA proposal on a disk to each staff member in ASU coverage areas (approx 10,500 people) because of the document's length. If you do not have access to a CD player then copies are available from the ASU organisers and delegates or from local HR or from the ASU website. A letter and the CD should be posted to you at home from Wednesday 22 December 2004. Any delay will be because of printing commitments. The letter also has a summary of which EBAs the clauses had previously been in.

Some clauses which were no longer relevant or had been superseded have been deleted and some slightly reworded for context. The new clauses from EBA 7 are added as well. This new one document format will make it much easier for members to understand their EBA conditions.

Electrolux decision

Many members may also be aware that the High Court has recently made a decision which limits what can be in EBAs. This case is known as the "Electrolux case". Following the "Electrolux case", salary sacrifice provisions for anything other than superannuation has been determined by the Australian Industrial Relations Commission as matters that can't be in an EBA.

This does not stop us agreeing with the company for the provision of salary sacrifice opportunities, it just means our agreement can't be in the EBA. As a result the salary sacrifice clauses from EBA 5 have had to be put into a letter which is included in the documents you receive. Nothing has changed because of this.

Both Qantas and the ASU wanted the clauses previously agreed in the EBA but if they had been included the whole agreement is likely to have been invalidated. No one wants that. There are also very minor drafting changes to our contracting out clause and delegates right clause because of the Electrolux case too. These are explained in the letter you will receive.

Award changes part of deal

Part of the EBA 7 deal with Qantas are changes to the Airline Officers and QFIT awards to take account of the agreement to increase carers leave to 10 days and to improve access to carers leave when a person is hospitalised. Changes will be made to the Awards if the EBA is approved.

Voting process

After the EBA has been sent out, a postal vote will be conducted by an independent organisation Elections Australia Pty Ltd. Elections Australia are aiming to post the ballot papers out on or around 19 January 2005 and the vote will close on or about 2 February 2005.

The dates are dependent on the EBA being distributed according to the current timetable. The Workplace Relations Act provides that staff must have 14 clear days to consider the EBA before a vote so a vote won't happen until the 14 days expires.

The Workplace Relations Act provides that if a majority of those who vote, vote for the agreement then it can be certified.

This means if you don't vote your view does not count either way. For example if only 1000 people out of the 10,500 covered by our agreement vote - they will decide the outcome for everyone. You really must vote so your view is counted! More details on the voting process will be forwarded in early January 2005.

Some people think that just because the ASU agreed to the EBA that is the end of the process and backpay would be made. This is not correct. Staff ultimately decide what happens to the EBA. Also it is important to note that Qantas will only pay backpay when the EBA is certified by the Australian Industrial Relations Commission. On the Qantas timetable this will not be until mid to late February 2005 at the earliest.

SPG separate vote

The ASU Negotiating Team did request a separate vote of SPG staff only on the SPG specific provisions as occurred in EBA 5. Qantas refused this request. As a result all provisions are being voted on by all eligible staff.

Got a problem?

If you don't get a copy of the EBA in the mail by early January 2005 you should contact your local HR Manager or Qantas Industrial Relations on (02) 9691 2009 or internally 2-2009 to get a copy of the document/disk.

Woking to Live competition

As explained in Working to Live bulletin 3 the ASU launched a competition for ASU members. Members Equity is proudly sponsoring the competition which is open to financial members of the ASU working for Qantas Airways Limited, Qantas Flight Catering Limited, Qantas Holidays Pty Limited, Qantas Information Technology Pty Limited.

In 25 words or less, tell us how you are working to live not living to work, name 12 ASU members/delegates whose photograph and profile appears on the ASU Working to Live Bulletins during our Qantas EBA 7 campaign with the number and title of the bulletin they appear on, and you could WIN a savings account with Members Equity with a balance of $500.

The competition will close 14 days after EBA 7 is certified in the Australian Industrial Relations Commission.

The ASU has published more than 12 bulletins so entries can now be made. Entry forms are available on the ASU website and from ASU Branches and delegates.