THE SHOP ASSISTANT SUMMER 2017 3 EDITORIAL WHATABUSYYEAR! MICHAEL DONOVAN STATE SECRETARY There has been an enormous amount happening over the last twelve months. Last year, we lobbied intensively for Christmas Day to be a public holiday, and won Christmas Day as an additional public holiday. PENALTY RATES SAGA Early this year, the Fair Work Commission handed down a decision slashing Sunday and public holiday penalty rates in the retail, fast food and hospitality industries. The public holiday rate was cut to 225% (casuals 250%) from 1 July. In retail, the Sunday rate was cut to 150% (casuals 175%) in four steps from 1 July. In fast food, the Sunday rate was cut to 125% (casuals 150%) in three steps from 1 July. This was a cut that retail and fast food workers can’t afford and don’t deserve. The SDA and United Voice appealed the decision in the Federal Court of Australia on technical grounds. But unfortunately the Federal Court ruled against us. The employers have now launched a case attacking penalty rates for workers in the hair and beauty industry. The issue of cuts in penalty rates is now an issue in the next Federal election. The Labor Party under Bill Shorten has promised to legislate to reverse the cuts in penalty rates if it wins the next Federal election. The SDA has spent over $2 million defending penalty rates since 2012. We intend to continue the fight to defend penalty rates on behalf of our members. ENTERPRISE BARGAINING RESUMES Most employers delayed enterprise bargaining while they awaited the penalty rates decision. They have also had to understand the new interpretation by the Fair Work Commission of the Better Off Overall Test from the 2016 Coles decision. I am delighted to report that some employers are now negotiating new enterprise agreements. We have a new in-principle agreement with Coles which protects take-home pay, improves penalty rates, provides wage increases for all, and protects most superior provisions in the existing agreement. We are pursuing other employers to now negotiate new enterprise agreements adopting the same underlying principles. BUT WAIT — THERE’S MORE! Over the last twelve months, there have been many other industrial issues. We successfully campaigned against the Federal Government’s plan to slash thousands of dollars in paid maternity leave. We won a casual conversion clause in the Award, giving regular casuals with 12 months’ service the right to ask to go part-time. Employers cannot unreasonably refuse. We argued for a day in lieu in the Award when a public holiday falls on a non-working day. We await the decision. We unsuccessfully argued for paid blood donor leave in the Award. We have been campaigning for penalty rates to be paid on long service leave. We have been campaigning for the additional Christmas Day holiday and Easter Sunday holiday to be legislated. Currently, they are gazetted and a future Government could reverse them easily. We have been campaigning for free and safe parking for retail and fast food workers. We have been campaigning against customer abuse. SEASON’S GREETINGS Trish and I wish all Delegates, HSRs, Deputy HSRs and members a very happy Christmas and New Year. We look forward to working with you once again in 2018. a lli sum r? If you’re travelling interstate, you can get discounted access to some of the best theme parks in Australia. SDA members can receive discounts on tickets to a variety of theme parks and other attractions throughout Queensland and NSW. To view the latest offers and purchase tickets, simply go to sdavic.org, click on the ‘benefits’ tab, and follow the link.