Last week ASU delegates at our regular quarterly meeting put an ultimatum to Jetstar management to fix the way in which the company pays nil 48s at airports. Jetstar has responded to the ASU request to clarify how nil 48s operate under EBA 5 by asserting that it does not agree with our position on the Nil 48 interpretation however they will get back to us by 1 July confirming their position!
Confused? So are we!
Jetstar either agree with our position or they don't, seriously, how hard is it?
The EBA in our view has always been clear about the fact that if you're rostered hours are changed with less than 48 hours notice then you are supposed to be paid double time for that shift.
During the EBA negotiations nothing was changed in the relevant clauses to give a different interpretation to this. In fact this position was further clarified by a side letter clearly outlining that mutual agreement to change your shift did not include a change initiated by the company, meaning, that Jetstar could not avoid paying double time on the basis that you had agreed to change your shift.
Jetstar argue that black is white!
Multiple interpretations have been applied nationally by Jetstar that appear to have differed from port to port, however, recently "someone" appears to have given a direction to all ports to stop paying double time for such shifts.
And then!!! Post our national delegates meeting last week it appears that most locations were told to pay double time overtime for such shifts (which doesn't accrue other entitlements such as annual leave and superannuation)
And then!!! The ASU receives notification from Jetstar telling us they don't agree with our position.
The ever changing interpretation on a day by day basis by Jetstar is getting ridiculous.
What's going on?
Unfortunately your guess is as good as ours.
What we do know is that our members have told us that enough is enough. Therefore, the ASU will be lodging a dispute in the Fair Work Commission to get this issue resolved.
Stay tuned for further updates.
For more information please contact your ASU delegates or ASU local organiser. (download full bulletin below)
Jetstar Bulletin - 25 June 2015