JETSTAR LEGAL MISTAKE DELAYS VOTING ON ENTERPRISE AGREEMENT
Jetstar has notified ASU that it failed to comply with its legal requirements for enterprise bargaining negotiations as required under the Fair Work Act
At the commencement of enterprise bargaining negotiations, or shortly after, Jetstar was required to send a Notice of Employee Representational Rights (NERR) to employees covered by the proposed agreement. This a legal requirement as the NERR informs employees that they have a right to be represented during bargaining and that negotiations will soon commence. Jetstar has not sent the NERR to all relevant employees, which means the airline cannot proceed to a vote.
The Fair Work Commission (the body that approves enterprise agreements) cannot
legally approve an enterprise agreement that has not complied with this requirement. There are minor technical circumstances where the Commission has overcome NERR issues, but Jetstar’s actions do not meet this criterion.
Jetstar must now issue the NERR to those employees who did not receive it.
What does this mean for enterprise bargaining negotiations?
If you receive a NERR, you do not need to action it. The ASU has been the default bargaining agent during negotiations.
We will continue to represent employees to ensure we can achieve improved working conditions.
What does this mean for the $5,000 recovery bonus?
ASU has quickly asked for a commitment from Jetstar that their stuff-up won't cost ASU members the recovery bonus. Jetstar has now confirmed that because the only reason for the delay is their mistake, if employees support the proposed enterprise agreement, the $5,000 payment will be paid.
We understand that this news can be quite disappointing, and we are disappointed about Jetstar failing in its responsibility.
If you or your colleagues aren’t already members of the ASU, we encourage you to join your union today https://www.asu.asn.au/asujoin. If you require any support or additional information, please get in touch with your local ASU delegates or ASU organiser at: