Determining which workers should be excluded from a vote or vote on an enterprise agreement can make a difference to the success of the vote. In order to vote on a proposed enterprise agreement for the work done by an employee, the worker must be « employed on that date ». A casual or meeting employee may have the right to vote if the person is employed or employed by the employer (in relation to the type of job, the models in the industry and in the employer`s business) and is not limited strictly to the question of whether the person was working at the time of the vote or when the request for a vote was made. In order to ensure the proper formation of electoral pools and to maximise the potential of an enterprise agreement, it is essential that employers in the education sector take an objective, transparent and logical approach to deciding who should be excluded or excluded from the vote. This is particularly the case when a large number of meeting or used employees may be covered by the agreement. It will not be enough to simply include in the voting pool all casual workers and sessions who worked the previous year. It should be shown that a work model and an ongoing working relationship are established. The Fair Labour Act provides that the group of employees who can pass a proposed enterprise agreement is « the worker employed at the time of employment. » In the case of a strictly literal reading, this would mean that a casual or meeting employee who does not work accurately at the time of the vote could not be included in the voting pool. Full Bench felt that such an approach would be too technical and could yield absurd results. If you have an urgent request on your employment contract, bonus or contract, please contact our industry manager with your problem. Full Bench preferred a more practical approach to determining « staff employed at the time » and found that it was entirely appropriate for Swinburne University to include casual and meeting staff in the voting pool without saying that these employees may not have worked on the day or days of the vote.
The full bank stated that the relevant test was whether the person is employed, or generally employed by the employer (in reference to the nature of the employment, model in the sector and the employer`s business), not whether the person was working or working when the vote request was made or the vote took place. Swinburne University had conducted lengthy negotiations with the National Tertiary Education Union (NTEU) and other negotiators over a 12-month period on a proposed enterprise agreement for their academic, executive and general staff, including casual and meeting staff.