Pattern Agreements

December 14, 2020

5.47 The majority of the Committee agrees that the costs to construction workers may be higher than for housing. This does not mean that there are problems related to the participation of trade unions in the development of standard sector agreements. Instead, the Committee accepts that the increase in wages and conditions reflects the current process of establishing enterprise agreements. As explained by the CEPU proposal in response to Commissioner Cole`s assertion that model agreements have resulted in a significant increase in costs: 5.45 It appears that standard negotiations lead to higher costs for employers, employers and workers` organizations recognizing that union members receive higher wages and conditions than workers covered by non-union agreements. For example, the cost difference between employers in the allocation and employment under the current EBA in the electrical industry in Queensland was 62.5%. [249] One of the strongest arguments in favour of an industrial regime supporting the formation of genuine project agreements is the transparency of costs for contractors who know what is needed and the ability of the principal contractors to contractually ensure that the salaries and conditions of the project are respected. This form of derivative and stable contracting would help to ensure first-rate industrial conditions in an environment of trust and cooperation. Construction unions would be able to ensure compliance with the project agreement, which would be legally enforceable and contractually binding. [238] It is important not to confuse part-time workers with casual workers. Some “casual” workers are part-time workers with a clear work pattern. It is also possible for an employee to start as a casual worker but become a permanent part-time employee.

What strikes me is that when you think about how labour markets work, they operate in a fairly similar way to the common law. The core of the common law is that you treat them as cases of the same; They`re following the previous one. I have the impression that if you are dealing with the concept of wages and terms of employment… People say, let`s treat like business in the same way. There are indeed deep legal reasons for typical negotiations. It is not simply an ideological concept devised by the CFMEU to stifle initiative and equity: it has deep roots in labour market practice and jurisprudence. [235] 5.60 It was recalled that the Committee received evidence of the success of the project agreements for the construction of the Sydney Olympic Games. The Committee heard the details of the agreement between the Olympic Coordination Authority and the trade unions: “casual workers” is not defined in labour law, but the term generally refers to a situation where the worker has no guaranteed working time, regular annes and persistent waiting for employment. The employer is not obligated to offer work to the employee and the employee is not obliged to accept a job when offered. The employee works on how and when it is appropriate for both him and the employer.

This can sometimes happen because it is difficult for the employer to predict when the work needs to be done or when the work needs to be done quickly. Each time the worker accepts an offer of work, it is treated as a new period of employment. Workers must meet certain criteria to qualify for certain employment rights, such as parental leave, parental leave, annual leave, sick leave and bereavement. There may be small differences between full-time or part-time workers because of the way they work. The conduct of the behaviour, to the extent that it concerns a particular employer, is NOT a standard negotiation if the negotiator is actually trying to reach an agreement with that employer. The purpose of the typical negotiations may be to try to improve industrial conditions in an industry or industrial sector.

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