 | |
| Founded | November 2016 |
|---|---|
| Headquarters | Melbourne, Victoria |
| Location | |
Key people | Josh Cullinan, Secretary |
| Website | raffwu |
The Retail and Fast Food Workers Union (RAFFWU) is an Australian trade union for workers in the retail and fast food industries.
| | |
| Founded | November 2016 |
|---|---|
| Headquarters | Melbourne, Victoria |
| Location | |
Key people | Josh Cullinan, Secretary |
| Website | raffwu |
The Retail and Fast Food Workers Union (RAFFWU) is an Australian trade union for workers in the retail and fast food industries.
The Retail and Fast Food Workers Union was established in December 2016 as a response to increased dissatisfaction with the existing Shop, Distributive and Allied Employees Association (SDA). [1] 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 The Sydney Morning Herald reporting "the amounts lost to workers are incalculable, they are certainly in the billions." [2] Josh Cullinan became RAFFWU's inaugural Secretary, having over 15 years' experience with unionism and worker representation, especially in the National Tertiary Education Union. [3] [4]
In May 2020, the Victorian branch of the Construction, Forestry, Maritime, Mining and Energy Union endorsed the union over the SDA. [5] In 2022, RAFFWU delegate Stephen Bates became the first RAFFWU-affiliated politician, after being elected to the House of Representatives. [6]
Following Josh Cullinan's success with the Hart decision in which the Fair Work Commission 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 pay would not be decreased. [7] [8] 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.
These negotiations were put to a halt when in May 2017 a self-represented Coles night fill worker, applied to the Fair Work Commission 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. [9] 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 2011 agreement, despite this admission, both the SDA and the AWU assisted Coles in its defence of the agreement. [10] 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 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. [11]
With a ballot held in February 2018, RAFFWU encouraged its members to vote against the agreement. [12] It raised concerns over concessions made by the SDA 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 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. [13] [ citation needed ]
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.[ citation needed ] The agreement included a $475 sign-on payment for full-time workers, pro-rated for part-time employees. RAFFWU continued to raise further 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. [14]
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 but there is substantial improvement". [15]
In August 2018, The Age 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 [SDA] union deal" that did not require Coles to pay the applicable penalty rates in the past. [16]
In August 2017, a Domino's Pizza delivery driver and RAFFWU member, applied to terminate the multiple expired enterprise agreements that covered those employed by Domino's Pizza within Australia. [17] Under these agreements, delivery drivers weren't paid casual loading, penalty rates and received a driving allowance that was less than required under the Fast Food Award. [17] In November 2017, the Fair Work Commission approved the termination of the enterprise agreement, resulting in Domino's employees being placed within the industry award within 12 weeks. [18]
During that time, negotiations began between Domino's and the SDA 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. [19]
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. [20] In March 2018, the enterprise agreement was abandoned and withdrawn by Domino's, who decided to continue to cover their employees under the industry Fast Food Award. [20]
In late December 2018 and January 2019, RAFFWU began a major campaign in improving McDonald's workers conditions. The campaign revolved around the company's unlawful denial of employees' 10-minute breaks. [21] 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 negotiated agreement and that workers had the right to drink water or go to the toilet whenever they wished.
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, [22] RAFFWU organised a "historic" protest in front of the Myer Centre McDonald's in Brisbane, demanding the "basic human right" that is drinking water. [21] [23]
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 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.[ citation needed ]
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'.[ citation needed ]
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.[ citation needed ]
McDonald's withdrew their application a few weeks later when it became apparent the FWC would not approve it.[ citation needed ]
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.[ citation needed ]
In November 2019, RAFFWU organised their first training session for McDonald's activists. The weekend focused around tackling OHS issues in the workplace.[ citation needed ]
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 and drink water, which Tantex had threatened to withhold in a breach of employee's workplace rights. [24] Chiara receive $800 in lost breaks and $1000 compensation, and the McDonald's franchisee was fined $82,000 in total. [25] 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. [26]
In 2017, RAFFWU was involved in terminating expired enterprise and Workchoices era agreements covering Bakers Delight employees, elevating those affected to the modern award and restoring minimum rates of pay and other entitlements. [27] In the same year, RAFFWU also terminated expired agreements at several IGA supermarkets. [28]
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 management agreed to an in-principle agreement. [29]
In October 2022, Apple retail store workers who were members of RAFFWU held the first nationally coordinated strike action of Australian retail workers. [30] In the same month, a majority of workers at Apple stores voted against a new Enterprise Bargaining Agreement put forward by Apple. [31] On December 23 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. [32]
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. [33] [34]
RAFFWU is highly critical of a number of aspects of the SDA which covers the same industries. Some of these practices include the negotiation of workplace agreements which reduced wages below Award rates, [35] the former's lack of political independence, [1] its socially conservative stances towards abortion and same-sex marriage, [36] as well as its perceived "undemocratic" and "top-down" nature. [1]
RAFFWU is currently registered as an incorporated association, not an employee organisation, due to "industry coverage restrictions". [37] 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 its own right including as bargaining representative and as a concerned union in Award Review proceedings.[ citation needed ] 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.[ citation needed ]
In 2020, the Federal Court of Australia found RAFFWU acted in the national interest when prosecuting the Tantex litigation.[ citation needed ]
Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. A collective agreement reached by these negotiations functions as a labour contract between an employer and one or more unions, and typically establishes terms regarding wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in workplace or company affairs. Such agreements can also include 'productivity bargaining' in which workers agree to changes to working practices in return for higher pay or greater job security.
Woolworths New Zealand Limited is the second largest grocery company in New Zealand, with revenue of NZ$6.2 billion for the year to June 2018. Alongside Foodstuffs, Woolworths NZ forms part of the New Zealand supermarket duopoly.
Australian labour law sets the rights of working people, the role of trade unions, and democracy at work, and the duties of employers, across the Commonwealth and in states. Under the Fair Work Act 2009, the Fair Work Commission creates a national minimum wage and oversees National Employment Standards for fair hours, holidays, parental leave and job security. The FWC also creates modern awards that apply to most sectors of work, numbering 150 in 2024, with minimum pay scales, and better rights for overtime, holidays, paid leave, and superannuation for a pension in retirement. Beyond this floor of rights, trade unions and employers often create enterprise bargaining agreements for better wages and conditions in their workplaces. In 2024, collective agreements covered 15% of employees, while 22% of employees were classified as "casual", meaning that they lose many protections other workers have. Australia's laws on the right to take collective action are among the most restrictive in the developed world, and Australia does not have a general law protecting workers' rights to vote and elect worker directors on corporation boards as do most other wealthy OECD countries.
The Shop, Distributive and Allied Employees' Association (SDA) is the largest private sector trade union in Australia, representing retail, fast-food and warehousing workers, and has branches in every state and territory. Its membership is predominantly in casual and insecure employment within the retail and fast food sectors. The union also represents a significant membership of workers from culturally and linguistically diverse backgrounds.
Enterprise bargaining is an Australian term for a form of collective bargaining, in which wages and working conditions are negotiated at the level of the individual organisations, as distinct from sectoral collective bargaining across whole industries. Once established, they are legally binding on employers and employees that are covered by the Enterprise bargaining agreement. An Enterprise Agreement (EA) consists of a collective industrial agreement between either an employer and a trade union acting on behalf of employees or an employer and employees acting for themselves.
Joseph de Bruyn, is an Australian trade union official. He is National President of the Shop, Distributive and Allied Employees Association (SDA) and a member of the National Executive of the Australian Labor Party (ALP).
An Australian workplace agreement (AWA) was a type of formalised individual agreement negotiated between an employer and employee in Australia that existed from 1996 to 2009. Employers could offer a "take it or leave it" AWA as a condition of employment. They were registered by the Employment Advocate and did not require a dispute resolution procedure. These agreements operated only at the federal level. AWAs were individual written agreements concerning terms and conditions of employment between an employer and employee in Australia, under the Workplace Relations Act 1996. An AWA could override employment conditions in state or territory laws except those relating to occupational health and safety, workers' compensation, or training arrangements. An AWA was required to meet only the most minimal Australian Fair Pay and Conditions Standard. Agreements were not required to include effective dispute resolution procedures, and could not include prohibited content. Agreements were for a maximum of five years; approved, promoted and registered by the Workplace Authority; operated to the exclusion of any award; and prohibited industrial action regarding details in the agreement for the life of the agreement. The introduction of AWAs was a very controversial industrial relations issue in Australia.
WorkChoices was the name given to changes made to the federal industrial relations laws in Australia by the Howard government in 2005, being amendments to the Workplace Relations Act 1996 by the Workplace Relations Amendment Act 2005, sometimes referred to as the Workplace Relations Amendment Act 2005, that came into effect on 27 March 2006.
Harris Scarfe is an Australian retailer that sells bed linen, kitchenware, homewares, electrical appliances and apparel. It was founded in 1849 in Adelaide, South Australia and has more than 50 stores nationally.
Overtime bans are a type of strike in which workers refuse to engage in overtime work, being any work that falls outside of contracted hours. They do this to leverage their employer into negotiating various working conditions. Often organised in unions, workers may choose this form of industrial action to bargain for a higher rate of pay, better working conditions or to discourage an employer from making redundancies. Unlike a full strike in which employees are usually in breach of their contract, workers engaging in overtime bans are typically well protected. Employers cannot legally withhold normal wages during an overtime ban if employees are not breaching the terms of their employment contracts by refusing to do overtime work. However, the legalities of overtime bans do vary between countries. Overtime bans are effective where "industries and organisations run on such habitually high levels of overtime or goodwill that overtime bans ... can have a significant and immediate impact upon the availability of a good or service". Historically, unions have at times received criticism on ethical grounds for choosing to enact overtime bans. The literature records the occurrence of such bans from the 1800s and there is documentation of their use in four continents.
Unite is a former trade union established in Melbourne, Australia, which now describes itself as a 'young workers' campaign group'. Unite was never registered as a union under the Fair Work Act 2009. Its inspiration was the Unite Union in New Zealand.
In Australia, labour hire is referred to by the legal term of art labour hire arrangement, and refers to the employment practice of an employer supplying its employees to another workplace, for profit.
George Dimitrios Calombaris is a Greek Australian chef and restaurateur and television personality. Calombaris was one of the judges of the Network 10 series MasterChef Australia from 2009 to 2019. Prior to his role on MasterChef Australia, Calombaris appeared regularly on the daytime Network Ten cooking show Ready Steady Cook.
Wage theft is the failing to pay wages or provide employee benefits owed to an employee by contract or law. It can be conducted by employers in various ways, among them failing to pay overtime; violating minimum-wage laws; the misclassification of employees as independent contractors; illegal deductions in pay; forcing employees to work "off the clock", not paying annual leave or holiday entitlements, or simply not paying an employee at all.
Baiada Poultry is a privately owned company that produces poultry products throughout Australia. Its operations include broiler and breeder farms, hatcheries, processing plants, feedmilling and protein recovery. Its head office is at Pendle Hill, New South Wales with plants in Beresfield, Tamworth, Victoria, Queensland and South Australia. According to the company, it employs approximately 2,200 people. Baiada is one of Australia's largest poultry processing companies with a market share of more than 20%, producing the Lilydale Select and Steggles brand to retailers including Coles, Woolworths, IGA, Aldi, McDonald's, KFC, Pizza Hut, Red Rooster, Nando's and Subway.
The Fair Work Act 2009(Cth) is an Act of the Parliament of Australia, passed by the Rudd government to reform the industrial relations system of Australia. It replaced the Howard government's WorkChoices legislation, it established Fair Work Australia, later renamed the Fair Work Commission.
The No Land Tax Campaign was a minor Australian political party formed prior to the 2015 New South Wales state election. It was formed in opposition to the levying of land tax, which in New South Wales applies to investment properties and holiday homes. The party achieved 1.90% of Legislative Council and 2.02% of Legislative Assembly votes at the election, but its failure to honour a promise to 3,600 workers to pay them $30 an hour ultimately led to legal trouble for the party.
Chemist Warehouse Group is an Australian company operating a chain of retail pharmacies both locally and internationally. The company is one of Australia's largest pharmacy retailers with over 500 stores in Australia, and employs over 20,000 staff. The company brands itself as offering discounted prices for pharmaceutical goods.
Apple Inc. workers around the globe have been involved in organizing since the 1990s. Apple worker organizations have been made up of retail, corporate, and outsourced workers. Employees have joined trade unions and formed works councils in Australia, France, Germany, Italy, Japan, United Kingdom and the United States.
McDonald's is one of the largest fast food chains in the world. The vast majority of its restaurants operate as franchisees. The ownership and legal structures significantly impact the bargaining power and industrial relations between McDonald's and its workers.
{{cite web}}: CS1 maint: multiple names: authors list (link){{cite web}}: CS1 maint: multiple names: authors list (link){{cite web}}: CS1 maint: multiple names: authors list (link){{cite web}}: CS1 maint: multiple names: authors list (link){{cite web}}: CS1 maint: multiple names: authors list (link){{cite web}}: CS1 maint: multiple names: authors list (link)