317:
and drink water, which Tantex had threatened to withhold in a breach of employee's workplace rights. Chiara receive $ 800 in lost breaks and $ 1000 compensation, and the McDonald's franchisee was fined $ 82,000 in total. RAFFWU is now working with SHINE Lawyers to pursue a class action lawsuit against McDonald's, alleging systematic denial of water and toilet breaks and seeking eligible workers to register.
229:
concerns that the agreement included provisions for "standing consent" for part-time employees to work additional hours and to be paid at the ordinary rate rather than the applicable overtime rate. It also suggested that by incorporating the $ 1.50 laundry allowance into the hourly rate, that new employees would effectively only be receiving an additional 5¢ per hour on the minimum wage.
200:
pay would not be decreased. RAFFWU's first negotiations for a new enterprise agreement began with serving claims on Coles
Supermarkets for the return of all General Retail Award minimum rights such as penalty loadings during unsociable hours that were stripped in prior agreements and an understanding that it would not accept any agreement that was inferior to the award.
377:
its own right including as bargaining representative and as a concerned union in Award Review proceedings. They are also able to represent employees in an individual capacity and have been involved in the negotiation and termination of many enterprise bargaining agreements which involved hearings in the Fair Work
Commission.
296:
McDonald's and RAFFWU were engaged in enterprise agreement negotiations from late 2018 to mid-2019, with RAFFWU taking 6 members and activists to negotiations. Through negotiations McDonald's was not able to offer a deal RAFFWU was happy with. As such the deal put up to vote on by McDonald's was not
207:
to have the 2011 agreement terminated on the same basis as the 2014 agreement as it was alleged to also contain similar below-award levels of pay. During this commission process Coles revealed that up to 60% of its workforce would be better off under the minimum rates of the award structure than the
376:
RAFFWU is currently registered as an incorporated association, not an employee organisation, due to "industry coverage restrictions". As such, RAFFWU is currently unable to obtain Right of Entry permits. RAFFWU is able to be heard in dealings with the Fair Work
Commission in numerous proceedings in
344:
In
October 2022, Apple retail store workers who were members of RAFFWU held the first nationally coordinated strike action of Australian retail workers. In the same month, a majority of workers at Apple stores voted against a new Enterprise Bargaining Agreement put forward by Apple. On December 23
316:
In 2019, RAFFWU member Chiara Stains with the support of RAFFWU commenced litigation against Tantex holdings for breach of numerous workplace and human rights. In
September 2020 the Federal Court ruled in favour of Chiara and RAFFWU and ruled that workers have the legal right to take toilet breaks
255:
delivery driver and RAFFWU member, applied to terminate the multiple expired enterprise agreements that covered those employed by Domino's Pizza within
Australia. Under these agreements, delivery drivers weren't paid casual loading, penalty rates and received a driving allowance that was less than
232:
Despite these concerns, the agreement was approved in April 2018 by the Fair Work
Commission. RAFFWU's Secretary Josh Cullinan commented that "It has taken a long time but we are delighted that workers will start seeing the benefits of our campaign. We believe the agreement should have been better
216:
assisted Coles in its defence of the agreement. The termination was settled in
November 2017 with Coles agreeing to fast-track a vote on a newly proposed enterprise agreement including the return of all award penalty rates to be paid between the period of a successful vote and the agreement taking
199:
rejected the 2014 EBA due to its failure to pass the Better Off
Overall Test or "BOOT" that an agreement must meet when compared to the relevant award. With the 2014 agreement rejected, Coles employees were reverted to the 2011 agreement, but with an undertaking by Coles that the 2014 base rate of
224:
including that it didn't require back pay for any period prior that was underpaid, that by saving the existing base rate for current employees and paying new employees just 55¢ above the minimum wage would create a two-tiered workforce and throw the security of existing employees into jeopardy as
284:
workers conditions. The campaign revolved around the company's unlawful denial of employees' 10-minute breaks. Several McDonald's stores claimed that workers could either access drinking and toilet facilities at this time or take their allocated break. RAFFWU responded that this contravened the
228:
On the 26th of
February, the vote was successful with an approval rating of 90% despite only 48,000 or just 61% of the Coles workforce turning out to vote. The agreement included a $ 475 sign-on payment for full-time workers, pro-rated for part-time employees. RAFFWU continued to raise further
340:
In 2021, RAFFWU led workers at Sydney bookstore 'Better Read Than Dead' in protected industrial action in pursuit of an Enterprise Bargaining Agreement, and workers walked off the job in the first retail protected action in decades. After several days of action the campaign was successful and
271:
The new agreement passed overwhelmingly by employees through an electronic ballot, and the agreement was returned to the FWC for approval. RAFFWU raised concerns about the agreement as it traded "fixed start and finish times" for part-time employees for a two-cent pay rise. In March 2018, the
345:
2022, Apple retail workers who were members of RAFFWU took further industrial action in pursuit of a new Enterprise Bargaining Agreement, which marked the first time that retail workers in Australia had taken strike action during the Christmas retail trading period.
288:
Following threats by senior management of Tantex Holdings, the franchisee of 6 McDonald's stores across the Brisbane CBD, towards staff against sharing union posts on social media, RAFFWU organised a "historic" protest in front of the Myer Centre McDonald's in
348:
In 2023, RAFFWU members at Coles and Woolworths took protected industrial action in pursuit of a new Enterprise Bargaining Agreement for each workplace. This marked the first nationally-coordinated industrial action by supermarket workers in Australia.
156:(SDA). Earlier that year, industrial researcher Josh Cullinan had found that "dozens of SDA-negotiated deals that industrial relations lawyers now suspect would have failed the “better off” test if they’d been properly assessed by Fair Work", with
242:
reported that Coles employees working unsociable hours received pay rises of up to 20% or between $ 100 - $ 150 per week, due to the "scrapping of the cosy union deal" that did not require Coles to pay the applicable penalty rates in the past.
297:
supported by RAFFWU who campaigned for a 'NO' vote. Despite the SDA, a much larger union, supporting the deal RAFFWU's campaign was able to break records in facilitating the largest NO vote to an enterprise agreement in Australian history.
162:
reporting "the amounts lost to workers are incalculable, they are certainly in the billions." Josh Cullinan became RAFFWU's inaugural Secretary, having over 15 years' experience with unionism and worker representation, especially in the
40:
309:
In late 2019, the Fairwork commission ruled on the termination case brought forth by Xavier Kelly, they decided to terminate the agreement but without backpay. Ruling it would be "unjust" to force McDonald's to pay back stolen wages.
267:
for a new national enterprise agreement that was slated for a vote by employees in early January 2018. The vote was delayed by a week due to Dominos failing "to negotiate in good faith" with the RAFFWU in this process.
225:
well as locking in future changes and mirroring award penalty rates that were scheduled to lower on 1 July 2018, despite the SDA's public campaign against these cuts to penalty rates by the Fair Work Commission.
1109:
361:
which covers the same industries. Some of these practices include the negotiation of workplace agreements which reduced wages below Award rates, the former's lack of political independence, its
171:
333:
employees, elevating those affected to the modern award and restoring minimum rates of pay and other entitlements. In the same year, RAFFWU also terminated expired agreements at several
300:
In mid-2019, RAFFWU member Xavier Kelly filed with the fairwork commission and application for the backdated termination of the 'Mcdonald's Australia Enterprise Agreement 2013'.
358:
264:
221:
209:
153:
482:
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effect. Despite having been underpaid, due to the settlement of the case outside of the Commission, workers would not be entitled to back pay for the period underpaid.
1179:
984:
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732:
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853:
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783:
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904:
581:
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802:
614:
313:
In November 2019, RAFFWU organised their first training session for McDonald's activists. The weekend focused around tackling OHS issues in the workplace.
303:
Shortly after McDonald's applied to the FWC for the approval of the 'McDonald's Enterprise Agreement 2019' despite the vast amount of staff that voted NO.
676:
695:
501:
1265:
548:
650:
272:
enterprise agreement was abandoned and withdrawn by Domino's, who decided to continue to cover their employees under the industry Fast Food Award.
220:
With a ballot held in February 2018, RAFFWU encouraged its members to vote against the agreement. It raised concerns over concessions made by the
519:
929:
260:
approved the termination of the enterprise agreement, resulting in Domino's employees being placed within the industry award within 12 weeks.
179:
632:
1250:
152:
The Retail and Fast Food Workers Union was established in December 2016 as a response to increased dissatisfaction with the existing
164:
1260:
1135:
370:
380:
In 2020, the Federal Court of Australia found RAFFWU acted in the national interest when prosecuting the Tantex litigation.
942:
https://www.afr.com/work-and-careers/workplace/mcdonald-s-franchisee-fined-82-000-for-denying-toilet-breaks-20201116-p56exw
402:
1062:
252:
1255:
213:
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These negotiations were put to a halt when in May 2017 a self-represented Coles night fill worker, applied to the
158:
1219:
953:
306:
McDonald's withdrew their application a few weeks later when it became apparent the FWC would not approve it.
878:
285:
negotiated agreement and that workers had the right to drink water or go to the toilet whenever they wished.
930:
https://www.smh.com.au/national/workers-have-a-right-to-take-toilet-breaks-court-rules-20200901-p55r8y.html
257:
204:
196:
72:
362:
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141:
1173:
978:
762:
726:
593:
560:
502:"New Greens MP Stephen Bates: 'We have a responsibility to help community campaigns grow'"
137:
533:
428:
330:
1084:"Apple's Australian workers go on Christmas strike demanding better wages, work terms"
467:
1244:
281:
175:
1019:"'Unprecedented': the fight for Sydney independent bookstore Better Read Than Dead"
280:
In late December 2018 and January 2019, RAFFWU began a major campaign in improving
326:
133:
954:
https://www.shine.com.au/service/class-actions/mcdonalds-breaks-class-action
86:
68:
751:"$ 200-a-week pizza driver aims to deliver for Domino's underpaid workers"
178:
became the first RAFFWU-affiliated politician, after being elected to the
366:
290:
39:
238:
195:
Following Josh Cullinan's success with the Hart decision in which the
17:
1063:"channelnews : Apple Workers Vote Down Pay Deal, Strikes Tipped"
453:
1000:"Application for "zombie agreement" for IGA workers to be abolished"
715:"Huge pay rise for Coles workers after scrapping of cosy union deal"
615:"Coles settles massive underpayment case, agrees to fast-track vote"
1038:"Workers strike at Apple's core in unprecedented industrial action"
325:
In 2017, RAFFWU was involved in terminating expired enterprise and
1162:"Sold out: quarter of a million workers underpaid in union deals"
373:, as well as its perceived "undemocratic" and "top-down" nature.
1110:"Coles and Woolies workers take historic national strike action"
967:"Bakers Delight caves to pressure and scraps 'unfair' agreement"
784:"Domino's workers to get huge pay rise after Fair Work decision"
1194:"New union to challenge 'shoppies' after massive wages scandal"
1160:
Millar, Ben Schneiders, Nick Toscano, Royce (30 August 2016).
582:"Coles admits much of its workforce underpaid after SDA deals"
580:
Toscano, Ben Schneiders, Royce Millar and Nick (8 June 2017).
263:
During that time, negotiations began between Domino's and the
825:"Domino's abandons enterprise agreement with shoppies union"
293:, demanding the "basic human right" that is drinking water.
905:"McDonald's faces 'historic' protests over work conditions"
803:"Workplace tribunal delays vote on new Domino's wage offer"
677:"Coles workers vote up new wage deal, faces overtime test"
483:"ACTU chief Sally McManus branded a 'stooge' in union war"
256:
required under the Fast Food Award. In November 2017, the
174:
endorsed the union over the SDA. In 2022, RAFFWU delegate
172:
Construction, Forestry, Maritime, Mining and Energy Union
111:
696:"Fair Work Commission ticks off new Coles pay agreement"
357:
RAFFWU is highly critical of a number of aspects of the
549:"Coles, union in bid to thwart wage underpayment case"
818:
816:
403:"New retail and fast food union challenges old order"
782:
Millar, Ben Schneiders and Royce (1 November 2017).
613:
Millar, Ben Schneiders and Royce (7 November 2017).
154:
Shop, Distributive and Allied Employees Association
106:
96:
78:
64:
46:
965:Danckert, Nick Toscano, Sarah (1 February 2017).
208:2011 agreement, despite this admission, both the
749:Millar, Ben Schneiders, Royce (20 August 2017).
713:Millar, Ben Schneiders, Royce (11 August 2018).
341:management agreed to an in-principle agreement.
940:16 November 2020, Australian Financial Review
847:
845:
547:Toscano, Ben Schneiders, Nick (11 May 2017).
8:
1178:: CS1 maint: multiple names: authors list (
983:: CS1 maint: multiple names: authors list (
767:: CS1 maint: multiple names: authors list (
731:: CS1 maint: multiple names: authors list (
598:: CS1 maint: multiple names: authors list (
565:: CS1 maint: multiple names: authors list (
520:"Part-time Coles worker wins Fair Work case"
32:
31:
651:"Changes to penalty rates in some awards"
170:In May 2020, the Victorian branch of the
903:Marin-Guzman, David (11 January 2019).
744:
742:
388:
233:but there is substantial improvement".
1171:
1136:"Evening News Bulletin 7 October 2023"
976:
760:
724:
591:
558:
401:Andrewartha, Jacob (3 December 2016).
854:"Staff far from McHappy about breaks"
470:. Overland Journal. 16 November 2016.
456:. Retail and Fast Food Workers Union.
429:"The great 'Shoppies' union sell out"
396:
394:
392:
7:
1036:Atfield, Cameron (18 October 2022).
928:1 September, Sydney Morning Herald,
879:"Retail and Fast Food Workers Union"
852:Cockburn, Gerard (11 January 2019).
633:"Retail and Fast Food Workers Union"
675:Hatch, Patrick (26 February 2018).
126:Retail and Fast Food Workers Union
33:Retail and Fast Food Workers Union
25:
801:Hatch, Patrick (8 January 2018).
165:National Tertiary Education Union
1266:2016 establishments in Australia
500:Bainbridge, Alex (8 June 2022).
38:
1017:Marsh, Walter (28 July 2021).
534:"Important Coles Update - SDA"
1:
998:Patty, Anna (14 March 2017).
823:Patty, Anna (26 March 2018).
694:Patty, Anna (23 April 2018).
909:Australian Financial Review
1282:
52:; 7 years ago
1251:Trade unions in Australia
1198:The Sydney Morning Herald
1166:The Sydney Morning Herald
1042:The Sydney Morning Herald
1004:The Sydney Morning Herald
971:The Sydney Morning Herald
829:The Sydney Morning Herald
807:The Sydney Morning Herald
788:The Sydney Morning Herald
755:The Sydney Morning Herald
700:The Sydney Morning Herald
681:The Sydney Morning Herald
586:The Sydney Morning Herald
553:The Sydney Morning Herald
159:The Sydney Morning Herald
37:
427:Schneiders, Ben (2016).
329:era agreements covering
180:House of Representatives
102:Josh Cullinan, Secretary
321:Other industrial action
1261:Retailing in Australia
27:Australian trade union
433:Sydney Morning Herald
363:socially conservative
246:
655:Fair Work Commission
258:Fair Work Commission
205:Fair Work Commission
197:Fair Work Commission
142:fast food industries
1256:Retail trade unions
353:Industrial approach
136:for workers in the
132:) is an Australian
34:
1200:. 20 November 2016
1090:. 23 December 2022
468:"The enemy within"
251:In August 2017, a
191:Coles Supermarkets
50:November 2016
407:Green Left Weekly
371:same-sex marriage
186:Industrial action
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16:(Redirected from
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1116:. 7 October 2023
1114:www.9news.com.au
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236:In August 2018,
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536:. 10 June 2016.
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522:. 31 May 2016.
511:
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487:The Australian
481:Hannan, Ewin.
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337:supermarkets.
331:Bakers Delight
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253:Domino's Pizza
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1220:"The fighter"
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1228:. Retrieved
1226:. 1 May 2017
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1202:. Retrieved
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1143:. Retrieved
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1118:. Retrieved
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1092:. Retrieved
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1023:The Guardian
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861:. Retrieved
858:Courier Mail
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832:. Retrieved
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658:. Retrieved
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438:24 September
436:. Retrieved
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410:. Retrieved
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