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Collective agreement enforceable?

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  • Collective agreement enforceable?

    Hi all,
    My company is currently going through the process of activating a banked hours system due to order book drop off. This is a manufacturing business with approx 70% shop floor 30% staff. Mainly the shop floor is unionised with a couple of people included from the office staff.

    I work in the office where this banked hours agreement is also planned to take place. I feel this is detrimental to the business but that's just my personal opinion. I am not in the union.

    My understanding is the banked hours agreement is classed as a collective agreement.

    Having checked my contract there is a statement that "no collective agreements are applicable to this position". There is also no mention at all of banked hours as a potential subject. I'm told the banked hours agreement is a collective agreement with the union.

    My question is: is the proposed banked hours agreement enforceable to myself? Given the above statement in the contract along with no mention of it before the announcement.

    Any help would be greatly appreciated.

    Thank you
    Steve
    Tags: None

  • #2
    Re: Collective agreement enforceable?

    Just to clarify the banked hours agreement refers to introducing a system whereby hours worked over contracted hours would no longer receive a payment of overtime but instead they are held (banked) to be taken as leave at a time in the future that is agreed between managers and individual staff.

    If your contract expressly says that the position you hold, as defined in the contract, is not covered by collective agreements negotiated with the union then effectively any agreement reached should not apply to you. However, if this position is accepted by your employer do not be surprised if they try to open up a discussion with you about seeking to gain your agreement to introducing bank hours as a variation to your contract. I presume that you are currently paid overtime for any hours worked in excess of your contractual hours.

    You should also check back in your contract and see whether there is any clause in there that allows your employer to change or vary any overtime arrangements that are in place for your position. If there is then it allows for your employer to do just that, although they should discuss this with you before any changes are imposed.
    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


    You canít always stop the waves but you can learn to surf.

    You are braver than you believe, smarter than you think and stronger than you seem.

    Comment


    • #3
      Re: Collective agreement enforceable?

      Thanks for the reply.

      My contract clearly states "there are no collective agreements applicable to this position"

      I forgot to mention that staff members work flexi time. So any hours worked over 37 are put ito a flex account and can be taken off in lieu or to work a shorted day/week. This is also what I work.

      I'm in a managerial position so therefore not entitled to overtime.

      My contract states the following:
      "Positions covered by these terms and conditions are not eligible for overtime payments. For non overtime paid positions where normal business hours work or travel becomes excessive or regularly covers weekend, then the equivalent time off in lieu may be taken with agreement from your manager."

      There is also another statement about change of pattern.
      "You may be required to alter hours of work or shift pattern in which case due notice will be given"

      The banked hours system that is due to be put in place enforces a 30hour week by closing on the Mondays. They have said that flexi time cannot be worked meaning that 100's of hours could be accrued as even if more than 30 hours were worked, this would be ignored.

      At the moment I probably work averaging 50 hours a week and a regularly hours are wiped out of my flex account as only a maximum of +16 total can be remain at the end of the month.

      Again thanks for any help you can give.

      Steve

      Comment


      • #4
        Re: Collective agreement enforceable?

        Ok so although collective agreements can cover both union and non-union staff, as trade unions often negotiates on behalf of the staff employed in a specific group, it would appear from what you have said your employer has excluded your position from collective agreements by way of the statement in your contract of employment.

        I am familiar with the flexi time procedure that your employer operates and note that you are not eligible for overtime payments. However there is the clause you have identified from your contract that "You may be required to alter hours of work or shift pattern in which case due notice will be given". If you employer wants to make changes to your working hours arrangements it is likely they will approach it by way of this clause. However they will need to discuss any changes with you in advance and with due notice of the implementation of the change.
        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You canít always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.

        Comment

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