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… ». A company that refers to an enterprise agreement must be signed by any employer that imposes it.  The Commission may approve an enterprise agreement that may not meet certain requirements of the Fair Work Act 2009 if it is satisfied that a written undertaking meets the request. 21.1 A facilitation provision provides that the standard approach may be deviated from an allocation provision by agreement between the CBA and the union concerned and/or a worker or the majority of workers in the company or workplace concerned. 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. 7.1 A facilitating provision provides that the standard approach may be deviated from an allocation provision by agreement between the CBA and/or a worker or the majority of workers in the company or workplace concerned. The specific rules on public procurement define both the standard attribution requirement and the framework within which an agreement on the provision to be applied can be found in practice. Facilitation provisions should not be used as a means of avoiding premium obligations, nor should they lead to injustice to any worker or workers covered by the bonus. The above practices also apply to companies that amend agreements (with the exception of the amendment to the agreement is approved in accordance with the s.212 and the commitment is used to remedy a non-compliance with the requirements of s.211).
“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.” “The CBA reiterates its apologies for the underpayment of casuals,” the spokesperson said. “The CBA recently renegotiated its enterprise agreement with the workers, the KPdSU [Community and Public Sector Union] and the MEAA, with an emphasis on the redundancy clause, and no issues were raised during these abc methodology negotiations. If the Commission is concerned that an enterprise agreement will not meet the licensing requirements set out in the Ss.186 and 187 of the Fair Work Act (including the adoption of the BOOT), the Commission may approve the agreement if it accepts a written commitment from the employer (s) that is covered by the agreement corresponding to that request.  The obligation is for the employer to comply with the written provisions in the company in addition to or in lieu of the duration of the agreement.