The Union plays an important role in the relationship between employer and employee. An organization employing staff needs to understand various relevant legislations, or else it will land itself in trouble. During the initial period of its operation, Campsie Child Care Centre experienced trouble after a visit by a Union official.
In the middle of 1985 when the Society thought everything was settling down at Campsie Child Care Centre, the Centre Director received a phone call unexpectedly from an official of the Union one day, saying they would be paying a visit to the Centre two days later.
The Centre Director immediately informed Board Members. Knowing that the Union was not easy to handle, the Board naively turned down the request of the Union to avoid contact with them. The reason they gave was ‘it was not convenient to receive them during office hours.’
Two days later, a Union official presented herself at the Centre at the scheduled time. She talked with some staff members and requested to inspect the daily staff attendance records.
The visit was a consequence of complaints lodged by two staff members who were Union members. They complained to the Union that the Society was breaching regulations as they were not paid correctly.
After checking the staff’s sign-in attendance sheets, the Union official said, “In the last 7 to 8 months, these 2 staff members started their work at 6:15am. This proves that they have been asked to start work early. According to the industry Award, work before 6:30am is considered shift work. The staff members should be paid penalty rates.”
Board members were shocked. It was the staff members who requested to come early as the Centre opened at 6:30am, they said they would start work 15 minutes earlier to prepare the place, and they would leave earlier. Board members thought the 2 staff members very thoughtful and responsible, never realizing it was a ploy!
Based on the calculation, back paying the 6 months with penalty rate would amount to $10,000 per worker. This would be an additional burden on the newly operating Centre with limited financial resources.
The Union’s attitude was very firm. The inexperienced directors immediately sought assistance from volunteer solicitor, Vivienne Abraham. After listening to the situation, she pointed out that the Society had made a huge mistake. According to the Australian labour legislation, the Union has the right to inspect a workplace and talk to employees after giving notice. Following the receipt of notice, the employer cannot turn down their request, and neither can they fight against the Union.
Vivienne helped to negotiate with the Union. In the end, the Society had to pay about $4,000 to each staff member. She also advised the Board of Directors that they could not penalize the 2 staff members afterwards.
The 2 staff members resigned soon after the episode. The Society had learnt a big lesson from the episode.
First, one cannot ignore the power of the Union. In Australia, many workers in the child care, nursing and teaching industries join the Union. The Union has legal supervising power. After the episode, the Society would cooperate and meet with the Union’s request whenever they receive notice of visits.
Secondly, each industry has its own Award. Employers must follow the Award in terms of working hours, breaks and pay.
After the “Union incident”, the Society has learnt how to sail forward smoothly in line with employment legislation.
🤔Did the Society face further difficulties? Stay tuned for the next article!
