RemoteTiger said:
I just purchased 2 new businesses and was shocked at the AWAs the workers were told to sign or they could go elsewhere by the previous owners - I immediately ripped up those AWAs and put them on common law contracts well above the state and federal award rates. Plus reintroduced their penalty rates - happy workers - bigger sales - bigger commissions - bigger profits.
The previous owners drove the very same workers into the dirt with AWAs and the young men and women did not know how to react.
AWAs would work if they were married to productivity - but the employers only align them with cost cutting measures in most instances - there are some who have increased wages but have taken away other employee benefits - hence it looks like the employee is better off but in truth they are not.
Remote,
What you are describing is an illegal act by the previous employer in forcing existing employees to sign an AWA.
This isn't WorkChoice's fault....it is the employer's fault for breaking the law:
Do I have to sign an AWA?
Technically, no. Signing an AWA is supposed to be a voluntary exercise. However, there is often a massive power imbalance between workers and employers. Although it would be unlawful for your boss to force you to sign an AWA, it is perfectly legal for an employer to make an offer of employment conditional upon you signing an AWA. Generally, if you don't want to work under the conditions outlined in an AWA, your only options are to try to negotiate changes or turn down the job.
If you feel you have been forced to enter into a workplace agreement, you can report the matter to the Office of Workplace Services (OWS). The OWS also has the power to investigate alleged breaches of the legislation and to take legal action against offending employers.
REMEMBER:
It is unlawful for you to be dismissed for refusing to sign, negotiate or vary an AWA. If one of the reasons for your dismissal relates to such a refusal, you can lodge an unlawful dismissal claim with the Australian Industrial Relations Commission within twenty-one days of the termination of employment.
At least seven days before approving (i.e. signing) a workplace agreement, you must:
* Be given a copy of the agreement or be given ready access to it. The seven-day period may be reduced, but only if both parties agree to this in writing
* Be given an information statement about workplace agreements. Workplace agreements take effect automatically upon lodgement, together with an employer declaration, to the Office of the Employment Advocate (OEA). The OEA issues receipts for the lodgement of employer declarations.
http://www.rmit.edu.au/browse/Information%20and%20Services%2FCurrent%20Students%2FYour%20Work%20Your%20Rights%2FWork%20and%20Rights%2FAustralian%20Workplace%20Agreements/#_Do_I_have_to%20sign%20an%20AWA?
Also Remote...if employees are working better under your new 'regime', then that is how it should be....and the people who treat their employees like crap will lose their better workers as they seek better employment conditions elsewhere. Let the poor employers go under and let the employers who treat employees good, prosper.
So what is your beef with all this?
Panthera tigris FC said:
Don't shaft a good argument with the reality of the situation. :hihi
Totally agree with you... :clap
