NEA Bargaining Meeting 5
Draft updates, FairWork Commission Hearing, Meetings, Updates, and more!
Hello,
Once again we come with you with a further update to the bargaining process — only two days after our last bargaining meeting. Today’s meeting was fairly substantial with Apple responding to more claims, as well as the recent media attention, and the filing against Apple at the FairWork Commission by two of the unions.
Apple’s response to media
Apple started the meeting by responding to the recent media coverage that has come about in relation to its bargaining process. Several media outlets have covered the EA bargaining process since both the ASU and SDA have filed with the FairWork Commission. Apple responded by saying that “we are proud to have an incredible team of nearly 4000 people in Australia, and we deeply value everything they bring to Apple and to our customers.” Apple said that they have “recently seen statements that inaccurately reflect the intent and the substance of the agreement” and that “it is important to us throughout the process that everyone receives the facts.” Apple claims that it is “one of the highest-paying retailers in Australia and offers very strong compensation and benefits at top of market rates to reward and retain our team.” Apple reaffirmed its commitment to good-faith bargaining, claiming that it has not set any deadlines and wants to ensure the best possible experience for team members engaging in the process.
Responses and updates to claims
Apple begun by advising that RAFFWU has submitted their log of claims for review, many of which pertain to wages, but Apple has refrained from commenting on any wage-related claims until both the ASU and SDA have also submitted their logs of claims as there may be duplicate or similar claims.
Moving on, Apple began responding to claims submitted thus far:
For additional forms of leave that have been submitted, as well as leave benefits available to team in policy (Menstruation, Mental Health Wellbeing, Extreme Condition, Paid Parental, Bereavement Leave etc.) , Apple does not intend to add these to the NEA. — DECLINED
Apple clarified that some of the proposed types of leave may find their way into Apple’s leave policies.
Unvested RSUs will not be paid out in the event of redundancy; this is due to the fact that RSUs and other stock grants are issued by Apple Inc. and not Apple Australia Pty Ltd. — DECLINED
Unused sick leave will not be able to be cashed out. — DECLINED
The use of gender neutral wording throughout the Enterprise Agreement has been approved and the next draft will reflect this. — APPROVED
Further clarification was provided:
Meal allowances are paid automatically if you work more than 76 hours in a fortnightly pay period and you work at least one additional hour with less than 24-hours notice.
For those team members that are engaging in a higher duty within a management role, they will continue to receive their weekend premiums and be paid hourly, but at the higher rate.
For team members that are engaging in a higher duty within a role that falls outside of the coverage of the EA (like in a corporate career experience), they will not be eligible for the higher duties allowance.
Comment on Applications to the FairWork Commission
Both the ASU and SDA have lodged applications to the FairWork Commission for good faith bargaining orders. The hearing for this application will occur tomorrow (Friday Aug 26) at 2pm. Apple believes very strongly that it is bargaining in good faith, but has declined to comment on the FairWork Commission hearing.
Additional claims/amendments to logs
RAFFWU raised concerns with Apple’s characterisation that it is one of the highest-paying employers in the retail industry; RAFFWU mentioned that Apple has been able to continue to pay staff at a below award rate for many years under the current agreement because it continues not to classify any of its workers as casual employees and pay applicable loading. Apple responded by reiterating that it does not employ casual workers and team are correctly categorised as part and full time employees.
A team member has raised a claim to allow Business team employees to work from home in addition to in store as part of a split working week.
The SDA then proposed a timeline to Apple:
The SDA and ASU submit their claims by Aug 31
A series of formal meetings, each one week apart, to discuss these claims among others, and to run 2-3 hours to provide adequate time to discuss
The first of these meetings to begin the week commencing September 5
Proposing an access period (per the Fair Work Act) beginning around October 1st ending October 14th with subsequent vote.
Apple did not commit to any timeline, and reiterated the lack of any deadline. RAFFWU rejected the SDA’s proposed timeline.
The SDA then raised concerns that Apple staff have been prevented or been threatened with disciplinary action in trying to engage with, or discuss unions. Apple responded by saying that it is committed to not disciplining any employees who engage in the bargaining process or discuss unions.
Another Apple team member express concern about the behaviour of management toward team that are discussing the EA and/or unions, and asked for the Employee and Labour Relations team to issue communications to stores. The ASU echoed the suggestion to issue communication to stores to make employees and their ability to participate without discipline or coercion clear. Apple said that it will revisit communications to stores.
The ASU raised concerns regarding the scheduling of meetings namely the frequency and one-sided approach that Apple has taken in planning meetings. The ASU has asked to schedule meetings at longer intervals and for longer periods of time. An Apple team member seconded this and noted how meetings have been disruptive to work and personal time. Apple noted this concern, but will proceeding with its next meeting will be on Monday Aug 29.
Coming up:
FairWork Commission Hearing into good faith bargaining - Tomorrow (Friday Aug 26) @ 2:00pm
The next draft of the EA will be published tomorrow.
Apple NEA Bargaining Meeting 6 — Monday Aug 29 @ 11am
ASU Members’ meeting to vote and endorse log of claims — Tuesday Aug 30 @ 7:30pm
We will continue to keep you updated on the latest bargaining meetings and any other meetings with the unions.
In solidarity,
Apple Together Australia