Since our last bulletin we have had 2 meetings with the employer representatives on 26th April and 5th May and we have been to the Fair Work Commission on 29th April 2016.
There is no doubt we have been putting in a lot of time trying to bring some of the outstanding issues to a conclusion.
Your negotiating team feel we are making reasonable progress on our issues. Here is an overview:
Disciplinary investigation process
The company has now agreed that a written disciplinary investigation process should be referred to in the EBA. You will recall up until now they had been maintaining that this was not an EBA bargaining issue. We are now working on the substance of the process – given that to date there has NEVER been a written process, we are pleased with this development.
Swap leave for pay
We are getting closer to finalising a clause in the EBA about buying up to 2 weeks annual leave.
IT rostering and on call rates
We have had good discussion about a clause in the agreement setting out rates and entitlements and hopefully this can be concluded soon.
Fixed term employees
We have made a claim about the circumstances under which fixed term employees can be engaged including the maximum length of time which is currently unspecified in the agreement. We have done this because of the recent trend to employ a significant number of staff on rolling fixed term contracts in what seems to be permanent jobs. The percentage of fixed term employees is higher than one might expect. Discussions continue.
If you are a fixed term employee and you want to know about our claim and the discussions talk to your local ASU delegate. We are interested in your view.
Other matters
We have also been able to negotiate great clauses about:
- Employees with a disability
- Breast feeding facilities
Disappointingly there is no movement on our union rights and delegates communications claim as yet.
While we have made good progress the firm is still pursuing their claims about extending the span of ordinary hours, personal leave accrual, individual flexibility agreements and the grievance procedure.
We know that if we stick together we can achieve a better result as the progress so far has shown.
No change in the money offer
The firm still maintains the wage freeze for Lawyers and the low pay rise for support staff as detailed in our 21st April bulletin.
Who is the employer?
The firm has now confirmed that Zabulon Pty Ltd is the employer of support staff. They have been wrongly putting only “The Colquhoun Trust” on payslips as the employer.
Both the Trust and Zabulon will appear on payslips in future. Apparently Zabulon Pty Ltd is the Trustee of the Colquhoun Trust.
Interestingly we have been advised that Zabulon “does not have any revenue (because the revenue is actually the revenue of the Trust) nor assets (because the assets are assets of the Trust)”.
We have asked Zabulon if it has no assets where the accumulated entitlements of staff are and how the company would meet those entitlements without assets. We await a reply.
WGEA report
We have now received a copy of the draft Workplace Gender Equality Report and have provided our feedback on the report. Copies of our letter are available from your local ASU delegates.
We asked the firm to also consult local state Women’s Network convenors. The firm said they were only consulting the National Convenor Kim Shaw.
Need more information?
We are hoping to have another meeting in the next couple of weeks – we are just waiting to set a date.
If you have queries contact your local ASU delegate/NNT member or organisers.
Now more than ever it is time to join the ASU – you can join the ASU on line at www.asu.asn.au/asujoin. (download the bulletin here) 
Maurice Blackburn Bulletin - 6 May 2016