City of Gosnells - Ballot Day Recommendations 20/02/08

On Monday, 25^th February and Tuesday, 26^th February 2008 all workers, covered by your existing City of Gosnells Enterprise Bargaining Agreement 2005 will be asked to vote on the Employee (Non-Union) Collective Workplace Agreement proposed by the City of Gosnells.

There have been significant improvements to the Dispute Settlement Procedure since our last report and ASU members are pleased that the Agreement now allows workers the capacity to take unresolved disputes to the AIRC for assistance with the powers to mediate, concilliate and arbitrate.

The amendments to the Dispute Settlement Procedure are a positive step forward, but it is only half of the problem fixed. Wouldn't you like to enter into an Agreement for the next three years that eliminates the maximum amount of risk and provides the maximum amount of protection?

A recent survey by the SRC has shown that there is considerable concern among non-members about the City's wish to switch to a non-Union Agreement. Our members share those concerns. This is the only outstanding matter of concern for what is an otherwise sound and well-supported Agreement.

You are currently employed under a Union Agreement. Until that Agreement expires our Union has responsibilties to all employees at Gosnells. Workers currently have the right to seek advice from us on what is in their best interests. This right will be at great risk if the Agreement becomes non-Union.

There is clear concern among a significant number of employees about the change to a non-Union Agreement. This ballot is important. You are about to make a choice that will impact on all employees for the next three years. Our Union recommends all employees:

VOTE "NO"

On the basis of one final matter to be resolved:

We are seeking a Union Collective Workplace Agreement.

The summary of the differences between a Union and non-Union Collectve Agreement are on the reverse of this newsletter. Remember, to make this transition to a "Union Collective Workplace Agreement" only two minor amendments are required:

1. Reinsert ASU into the "Partners to the Agreement" Clause

2. Reinsert ASU into the "Signatures" page

These amendments are easy to make and are cost free. Just a few small changes will make a world of difference to the quality, intergrity and enforceability of your Agreement.

For more information please contact Members of your SRC or Hsien Harper (9427 7731)

Employee Collective Workplace Agreements (ECWA)	Union Collective Workplace Agreements (UCWA)
The document is compiled by the employer without the need to consult with either employees or their Union.	The document is compiled with careful consultation with union members and all employees.
The Agreement is controlled and can be withdrawn at the Employer's discretion. Nothing stops the Employer from putting it out for vote before your staff reps have supported it, or from refusing to make the Agreement at all.	The Employer is prohibited from withdrawing the Agreement after it is negotiated and must take reasonable steps to have it approved (eg. get it out to vote and then have it formally lodged)
The Employer has entire control over the voting process. An Employer only has to give employees a reasonable opportunity' to vote. Whilst reasonable opportunity' is not defined under the Workplace Relations Act, it is possible for the Employer to put the Agreement to vote at a time convenient to them (i.e. Inconvenient to workers). This could mean that it is accepted by a tiny minority of workers.	With Union involvement, all workers can rest assured they will be entitled to vote. If this does not happen our Union can inform the Office of the Workplace Authority that the appropriate steps have not been taken in accordance with the Workplace Relations Act.
The Agreement is binding on the employee and the employer.	The Agreement is binding on the employer, employees and their Union.
Once the Agreement is in place, and your Union wishes to enter the workplace to investigate a suspected breach, your Union can be requested to name the employee(s) who alerted us to the suspected breach or we can be denied entry.	As we are a party to the Agreement, we don't need to name anyone if we suspect a breach of the Agreement. We can protect the identity of our members, which is important at a time when workers are not protected from unfair dismissal.
If the Agreement is breached, only the employee may make application to have it enforced. This potentially opens up the employee to enormous Court costs.	If the Agreement is breached then our Union can make the application for enforcement. The costs would be born by our Union and professionals would resolve the matter.
Once the Agreement is in place, your Union will no longer have the right to enter the workplace to hold discussions with employees (i.e. Discussions not related to a breach).	Our Union can gain access to the workplace to hold all kinds of discussions with employees.

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