Casual workers can vote on the approval of an enterprise agreement. Whether or not casual workers can vote in favour of a new enterprise agreement depends on a number of factors, including whether they have accepted an ongoing job with the employer, the conditions under which they are employed, and what their work includes in relation to the work in progress. In the FWC`s complete bank, it states: „There is no doubt that enterprise agreements were contemplated by the legislature to cover casual workers, the difficulty being to determine when a casual worker should be considered a worker“ employed at the time „within the meaning of the [paragraph 181.1) FW Act]“ [at paragraph 32]. To access these or other modern awards, go fwcgov.au/awards-and-agreements/awards and use the „Modern Awards Decisions“ category in your search. The keyword search is in the left sidebar. 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. 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. When the majority of staff finally voted in favour of Swinburne University of Technology, Academic and General Staff Enterprise Agreement 2014 (agreement), the NTEU contradicted the FWC`s approval of the agreement on the grounds that there was no „real agreement“ from staff, since Swinburne University had included in the vote of 3158 employees a number of employees in the 2013 academic year. According to the NTEU, 47 workers were not eligible to vote because they were not affected Swinburne employees at the time of the request for a vote on the agreement.
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