I explained that since the 2009 legislation came into force, a combination of legislative design errors, un helpful judicial interpretations and deliberate employer strategies has contributed to the diminishing protection of collective agreements. 3.42 AIMPE was contacted by MMA staff who heard that an agreement would be voted on but that it did not have the opportunity to vote. Staff members in the same group were split into two groups, with a small number of employees assigned to a new business unit created to avoid further business negotiations and quickly reach an agreement: 3.59 Several applicants expressed concerns about Operators in the Australian Marine Industry, as Inco Ships Pty Ltd. Inco is said to have entered into an enterprise agreement covering both Australian and foreign sailors working on 457 visas using only one specific cohort – foreign workers – to approve the agreement: 3.60 This was confirmed by evidence from AIMPE. AIMPE argues that Inco`s enterprise agreement was signed by a representative of workers residing in Odessa, Ukraine, while the signature was attested by a person based in the Philippines.  The Australian Seafarers` Union (AMOU) described the company as “a registration of the employment of foreign sailors on 457 visas instead of Australian sailors.”  The Court of Justice… it is not out of the question that it is not fair that an enterprise agreement with three existing workers covers a wide range of other classifications and jobs to which they may have no interest, or that the group thus constituted cannot be chosen fairly.  3.63 Although they obtained a majority for the opening of negotiations, negotiated in good faith against the employer and took anti-work measures to support demands for a new enterprise agreement, Cochlear workers still do not have an enterprise agreement, about five years after the FWC issued bargaining orders. 3.14 This case has paved the way for other employers to avoid negotiating with workers by securing agreements with small cohorts before they apply them to larger staff, and this loophole is increasingly being used with impunity.  This is what Blue Care/Wesley Mission did in Queensland. You have two enterprise agreements. One applies to registered nurses, registered nurses and nursing assistants. Care assistants do the same work as a personal caregiver, but personal caregivers are subject to a separate corporate agreement and receive about $1.50 less per hour for the same work.
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