‘Gutted’ worker already on lesser Sunday rates
A young worker promoted as a victim of the industrial umpire is unaffected because he is employed on an EBA.
The young worker promoted by Bill Shorten as a victim of the industrial umpire’s decision to cut Sunday penalty rates is unaffected by the move because he is employed on an enterprise agreement at Coles.
Trent Hunter, who appeared at a press conference with the Opposition Leader, said the move by the Fair Work Commission to cut penalty rates was “a disgrace” and urged all retail workers to “stand up and fight back” against the decision.
But The Australian was told Mr Hunter is employed on a 2011 enterprise agreement negotiated between Coles and the Shop Distributive and Allied Employees Association, which sets Sunday rates at 150 per cent.
That is the level to which the FWC opted yesterday to reduce Sunday rates for full- and part-time retail workers — meaning that Mr Hunter makes less on Sundays than he would under the award. Sunday penalty rates are currently set at 200 per cent under the retail award for full- and part-time employees.
The young SDA member, who has worked in retail for eight years, said he would lose $109 a week because he was rostered on every Sunday and relied on penalty rates to pay for fuel, rent and food.
But analysis by The Australian suggests that, even if Mr Hunter was covered by the award and worked full-time at Coles, the decision would not mean a reduction in his take-home Sunday pay.
“I am gutted,” Mr Hunter said. “I do not accept the decision as a retail worker. It is a dark day for retail workers and hospitality workers to stand up and fight back, because what this government doesn’t understand is that penalty rates aren’t a luxury — it is a working right.”
Mr Hunter’s Facebook profile lists his occupation as a “Master Green Grocer” at Coles and his profile picture — until it was changed yesterday afternoon — was of him standing alongside Mr Shorten and the successful Labor candidate for the seat of Lindsay, Emma Husar, during last year’s federal election campaign. In November, he received a “young achiever” award from the SDA.
Coles confirmed yesterday that its store employees were not affected by the FWC decision. “Store team members at Coles are employed under an enterprise agreement and therefore are unaffected by today’s decision,” a spokesman said.
Mr Hunter is captured by the 2011 deal because a more recent 2014 agreement was successfully challenged by trolley operator Duncan Hart, on the grounds that it left workers worse off overall.
GRAPHIC — Penalty rates revision
Penny Vickers, a shop steward with the SDA, has also lodged an application with the industrial umpire to terminate the 2011 agreement on the grounds that it pays her and her co-workers less than the minimum wage.
Her application would move about 75,000 workers covered by the 2011 deal back onto the award, which she says will leave them better off. Ms Vickers told The Australian Mr Hunter’s comments were “duplicitous” because the union had already negotiated deals with Coles reducing Sunday rates to 150 per cent.
“He is currently employed under an agreement that pays him less than the award for the Sunday rate,” Ms Vickers said.
“Coles workers are paid 150 per cent for Sunday work and that is the rate the commission has reduced the penalty to.”
Ms Vickers said Mr Hunter should be “lobbying the SDA to support my application to terminate the 2011 agreement”.