Elizabeth and her fellow employees are employed by Ginninderra Apples Pty Ltd.Ginninderra Apples Pty Ltd is a constitutional corporation. The employees (including Elizabeth) are currently covered by a modern award.
In March 2012, Ginninderra Apples Pty Ltd approaches the employees including Elizabeth and it is proposed by them that the employees and Ginninderra Apples Pty Ltd enter into an enterprise agreement.
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Get Help Now!Ginninderra Apples Pty Ltd does not provide all employees with a notice of the employee’s representation rights prior to commencing negotiating a proposed enterprise agreement.
Ginninderra Apples Pty Ltd proposes to the employees that the agreement will reflect their current terms of employment with the exception of:
.(a) The agreement will provide for a 12% salary increase made up of four increases of 3% from 1 July in each year of the agreements operation;
.(b) The agreement will increase the weekly number of hours from 38 hours to 41 hours per week (the modern award provides for a 38 hour week);
.(c) Reduces the casual loading from 25% to 20%;
.(d) The agreement will provide the employees with 3 weeks’ annual leave;
.(e) The agreement will provide for 8 days sick leave per year which may accumulate for 3 years;
.(f) The agreement will provide for 2 days’ paid compassionate leave;
.(g) The agreement will provide for a 30 minute unpaid meal break each day;
.(h) The agreement will provide that employees will be paid monthly in arrears; and
.(i) The agreement will have a term, which will expire on 30 September 2016.
Elizabeth is concerned about the contents (terms) of the proposed agreement and seeks your advice.
Elizabeth is concerned that if she does not support the agreement, Ginninderra Apples Pty Ltd may terminate her employment.
Elizabeth is also concerned because she has sought the assistance of her union in the negotiations, but has been told by Ginninderra Apples Pty Ltd that she cannot involve them in the negotiating of the proposed agreement.
Elizabeth is also concerned about whether she will continue to enjoy the conditions in her modern award if the enterprise agreement was made and approved by Fair Work Australia.
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