Following a meeting between union representatives and management at the end of November, LA MEAA wrote to the publishing house asking that it indicate whether or not it would negotiate. Management responded and did not agree to enter into negotiations and reiterated that a majority of employees did not wish to negotiate an enterprise agreement. In late October, Fair Work penguin Random House Australias approved the EBA, the first EBA trade union company in the history of Australian publishing. The EBA sets salary increases for editorial and advertising staff between 3 and 6 per cent in the first year and 3 per cent per year. Other conditions set out in the agreement include fixed-term compensation, transparent levels of remuneration, an annual review procedure and compensation for increased tariffs. 7.1 A facilitating provision provides that the standard approach may be deviated from an agreement allocation provision between an employer and a worker or employer and the majority of workers in the company or part of the company concerned. The spokesperson stated that the CBA`s approach was consistent with a clause in the enterprise agreement that states: “… The other provisions of this agreement, which may apply to part-time workers, apply on a pro-rata basis… ». According to O`Connor, MEAA`s industry manager, MEAA first informed the employer in September that a majority of eligible employees had joined the MEAA and that it wanted to negotiate a collective agreement for companies. Shortly thereafter, employees approved their debt protocol and in early October, the MEAA sent a formal letter to the company`s management, proposing negotiating directions and a timetable for negotiations.
Management responded at the end of October, but did not agree to negotiate on the grounds that they were not sure that a majority of employees wanted to negotiate. Registered contracts apply until they are terminated or replaced. “Based on [the redundancy provisions in Section 54 of the Abc Enterprise Agreement], I don`t think the CBA has the right to reduce a worker`s redundancy rights by referring to previous periods of part-time work,” Bornstein said. “Workers are generally entitled to redundancy pay on the basis of their wages at the time of termination.” If a job has a registered contract, the premium does not apply. However, the CBA`s current enterprise agreement stipulates that retired workers are entitled to the equivalent of four weeks` pay for each of their first five years of service, and then three weeks` pay for each subsequent year – capped at a maximum of 24 years.