NEA Bargaining Meeting 10
Another meeting and another Fair Work hearing and the vote is POSTPONED 😱
Hello,
Following a short break over launch, we all reconvened for the latest and most eventful bargaining meeting yet and a sudden hearing with the Fair Work Commission.
Apple introduces the third draft…and the fourth…
Apple began the meeting by going through the changes introduced in the third draft that was released on September 14. If you are surprised there was even a third draft, that was because it was introduced the week of launch and was not widely spoken about.
Those changes are:
Rewording the clause around compensation and its increases that are “based on your performance, Apple business, employment market and any other matter which Apple deems relevant.”
Clarifying that a team member can decline a callback.
Apple will, where possible, consider annual leave requests made less than four weeks and not unreasonably refuse any request for leave.
Apple will not require evidence for sick leave unless it’s for more than one day, or adjacent to an RDO or public holiday.
Introduced 10 days of paid Family and Domestic Violence Leave. — This is in line with legislation passed in Government.
Allowing full time Part A employees to select one day from Monday to Thursday as a fixed day off each week, as agreed with their manager in writing.
An amendment to Part A employees so that late night premiums will start at 8pm rather than 10pm.
An amendment to Part B employees so that late night premiums will end at 9am rather than 6am.
Introducing the ability for all team to cash out unused Time Off In Lieu (TOIL)
Increased the meal allowance to $20.01 to align with the General Retail Industry Award
Apple then proceeded to highlight changes made in the fourth draft of the agreement that was shared with bargaining representatives 40 minutes before the meeting. Those changes are:
The Minimum Base Salary and Minimum Hourly Rate of Pay for each classification will increase by 2.8% from 1 November 2023, 2.6% from 1 November 2024 and 1 November 2025.
Increases in the Minimum Hourly Rate of Pay for Managers covered by Part A and B of the NEA to $46/hour. — This is roughly an 8.5% increase.
Increased minimum Contract Hours for Part Time employees from 15.2 to 20 hours per fortnight.
Updated overtime for Part B employees to pay overtime for time immediately following a shift without manager approval in order to finalise a customer interaction started prior to the end of a shift.
Updated Overtime for Part B employees to calculate overtime on a weekly basis, rather than fortnightly. — Note that this does not apply to any other employees whose overtime is still calculated on a fortnightly basis.
Apple declines claims and finalises draft
Apple then announced that any monetary claims that have not been amended in the fourth draft have been declined, and reminded the bargaining representatives of the leave claims that were declined and how they fall outside of the coverage of the NEA.
Apple reiterated that some of the ideas brought up by bargaining representatives have been forwarded to the global benefits team. Apple also shared the benefits that were announced alongside the third draft that will go into effect in January 2023; notably this includes a health allowance of $3000 per year to retail employees for Apple’s appointed health insurer. This was a benefit that had applied to AppleCare and Corporate employees for many years and has now been extended to retail employees after being raised in prior bargaining meetings.
Apple mentioned that it is confident that the proposed enterprise agreement is leading in the retail and information technology industry. Apple reminded bargaining representatives that in June 2022 that they provided “significant increases in rates of pay” to customer-facing roles and brought forward the date of the increases.
Apple then announced that the fourth draft would be the final draft and is Apple’s final position. Apple has arranged a ballot for employees to vote on the proposed agreement from Sep 27-29. — This has been updated, see below.
Questions/Comments from bargaining representatives
Apple then opened up the meeting to questions. For questions that were around raising new issues or logs of claim, Apple reiterated that it would not be making any amendments to the proposed NEA and that this is the final draft. These questions have been omitted from this summary.
Many bargaining representatives expressed their extreme disappointment and frustration with the way Apple has pushed for a vote so abruptly. Apple disagreed with each representative, saying that the process had to come to end at some point.
Apple said that it believes that the agreement is generous and that now is the time to go to a vote.
Bargaining representatives asked why Apple has blanket declined several pending claims. Apple responded that they will release an updated log of claims to respond to logs of claims.
The ASU asked why Apple did not commit to including any guaranteed wage increase for all employees in the EA. Apple responded by saying that its position is that it does not belong in the EA and that Apple conducts annual performance reviews. Apple highlighted that in the last round of performance-based wage increases that many team received “generous” wage increases.
The ASU alleged that Apple had not engaged in good-faith bargaining, and had not responded to its log of claims in a considered manner. The ASU asked Apple to postpone the ballot and said that it may take Apple to the Fair Work Commission over these matters. Apple disagreed and said that it was confident that it has engaged in good faith bargaining.
Questions were raised around the supporting Role Classification documentation and why it was not addressed or updated. Apple said that it would not update this documentation as the NEA is in its final draft. A bargaining representative advised that the Role Classification is a supporting document outside of the NEA that the NEA refers to. Apple said that it would not be updating any documentation but would take the feedback on board.
RAFFWU then advised that it believes that Apple scheduled the ballot to preempt the Protection Action Ballot Order which would be effective from Sep 30, a day after the end of the vote. RAFFWU also disagreed with Apple’s characterisation that they have engaged in good faith bargaining and threatened to take Apple to the Fair Work Commission. Apple again, disagreed and said that the NEA is a “great and generous” document.
With respect to the declining of claims, Apple said that there were many claims that were similar and Apple has felt it not necessary to address these claims. Bargaining representatives mentioned that issues had been raised multiple times because Apple had not responded to them throughout the bargaining process and because people care about these issues.
Many representatives took issue with Apple concluding the bargaining process after claiming that bargaining process would continue at the last bargaining meeting. Apple again said that the bargaining period has to end at some point. A lot of frustration was expressed over this particular point.
Post-meeting updates
Since the end of yesterday’s meetings, things have been moving very quickly:
Apple began scheduling team members for ‘Information Sessions’, held by ELR representatives to explain and promote the new NEA and encourage a Yes vote.
Posters were distributed and hung up in retail locations across the country promoting the NEA and Apple’s new benefits.
The ASU, SDA, and RAFFWU filed for an urgent hearing with the Fair Work Commission.
The result of that hearing was that Apple and the Unions came to an agreement where:
Apple has revoked the access period and ballot for the NEA;
Apple will refrain from opening another access period and subsequent ballot for at least 21 days;
Apple will respond to each of the claims from the Unions by close of business Sep 23;
Apple and all bargaining representatives will meet twice each week during the period from 26 September 2022 to 7 October 2022, at dates and times to be agreed;
RAFFWU will refrain from notifying Apple of any intention to commence protected industrial action for at least 21 days;
and, a further in person hearing with the Fair Work Commission will be held on October 10.
This is a tremendous win for the unions and all bargaining representatives, and will allow us all to engage in further bargaining with Apple to ensure we get the best outcome out of this process.
As always, we will endeavour to keep you up to date on all meetings.
In solidarity,
Apple Together Australia