Employment contract and weekend penalty rates

[Kishma]

I am looking to sign onto a new job, that just recently got absorbed into the misc award but before was working off of an enterprise agreement as no award covered it.

This new job is split shifts (7-11 and 3-5), and claims to be above award wages, but does not offer any penalty rates or a split shift allowance.

The old enterprise agreement was issued in 2011 and from what I've found would have expired after 4 years even if they didn't noe get covered by the award. According to that old agreement the 'better overall' was an incease of a whopping 1 dollar to regular pay to cover the no penalty rates.

Is this legal? Or do they need to pay penalty rates or at least offer more money?

TIA

 

[Rod]

Enterprise agreements do not 'expire' in the normal meaning of the word. The expiry date is a nominal date and is really a minimum period. The EBA continues to operate.

The legislation around ending of EBAs is poorly understood, and older EBAs failing the BOOT are susceptible to challenge.

If your employment contract says you are covered by the Miscellaneous Award and explicitly excludes the old EBA, then you are likely covered by that Award, though the old EBA needs checking. Otherwise you are likely still covered by the old EBA.

Sometimes it is better to take a job that is on offer, receive some income, while looking for a better opportunity.

 

[Kishma]

Thank you,

How would I know if the new award trumps the old eba?
The emolument contract does not mention the ebay at all.
If the eba is null can the job still put out an employment contract that denies weekend rates for a 1 dollar increase of base wage?

TIA

 

[Rod]

If it is not a manager's position it will be covered under the old EBA or an Award.