JOIN RAFFWU ACTION #4 SUMMER EDITION 2024 JOIN THE MOVEMENT FOR POSITIVE CHANGE
1 WELCOME FROM PRESIDENT & SECRETARY 3 WOOLWORTHS OVERNIGHT COURT ACTION & BIG W 4 SUPERSTRIKE 6 WOOLWORTHS 7 COLES 8 APPLE 10 BETTER READ THAN DEAD Documentary Premieres 12 IKEA 13 BUNNINGS 14 RESULTS FOR MEMBERS Class Action Voy Underpayments 16 DANGERFIELD & PRINCESS HIGHWAY 18 BARGAINING CAMPAIGNS Jaycar Dan Murphy's Liquorland BWS 19 KMART 20 SHINE WORKCOVER EDITORIAL 21 LIQUORLAND NORTHCOTE 22 GIPPSLAND PROJECT 24 QOCTOR & UNIONCARE 25 PRIVACY BREACHES 25 MEMBER FEES 26 SOLIDARITY ACTIONS 30 CAUCUSES 31 OUR NEW COMMITTEE RAFFWU ACKNOWLEDGES THE TRADITIONAL CUSTODIANS OF THE LAND ON WHICH THIS MAGAZINE WAS WRITTEN, DESIGNED, AND PRINTED. THE LAND WAS STOLEN, NEVER CEDED. 4th Edition ©Retail and Fast Food Workers Union, 2022. Not to be reproduced in any way without permission. contact@raffwu.org.au or write to us at RAFFWU, PO Box 334, Clifton Hill, Vic 3068. We thank the very many photographers who have recorded our campaigns and actions as shown within. JOIN RAFFWU & CHECK OUT OUR SOCIALS >> TODAY WHAT'S INSIDE
President – Dani Barley Allow me to welcome all our new members who have joined recently, as well as introduce myself to everyone as your new union president. I am currently a delegate for Apple Broadway in Sydney and spent 2023 alongside our amazing shop floor leaders from around the country fighting the richest company in the world for a fair contract for its Australian retail workers. While we didn’t get everything we wanted, through our sustained industrial action, we won vast improvements on the contract that was first offered in August 2022. We did all of this while battling not only intransigent management, but also two other unions who sat on their hands while our members bore the brunt of anti-union pushback and harassment from bosses. It might be cliche to say it at this point, but 2023 has been massive for our union. We’ve wrapped up bargaining campaigns at Bunnings, IKEA and Apple and dove headfirst into fighting Australia’s supermarket duopoly for fair contracts for some of our most essential workers. Seeing so many members across the country take part in strikes and bans, often for the first time ever, has been so uplifting. In Sydney, I met one worker at the Superstrike who not only convinced two coworkers to join in the strike on the day, but then eloquently told their story to the gaggle of reporters that had gathered. Members are now planning possible strike action at Christmas, which would be yet another historic first for the retail industry. Welcome to the Summer 2024 edition of our Action magazine Secretary – Josh Cullinan When we launched RAFFWU seven years ago we dreamt of a union that stood with, for and by members in their working lives every single day. From that first day in 2016 we have persevered — members, delegates, leaders and employed RAFFWU workers— to prove that a fighting union that is never on the side of bosses can change the world through the direct collective action of workers. History tells us that is the only way workers have ever secured the living wages, safer workplaces and secure For our fast food members, we’ve succeeded before the Federal Court of Australia in stopping the SDA’s attack on our McDonald’s Class Action. This means that Shine Lawyers can proceed with this vital case seeking compensation for over 300,000 current and former Macca’s workers over lost 10-minute rest breaks. With the Federal Court’s decision, we are also joining Shine to investigate a similar class action for all KFC workers, past and present, from late 2017 to now. While 2024 is shaping up to be another banner year, I really want to encourage everyone to feel that they have a place in RAFFWU. Our Committee has made the decision to employ a Caucus Organising and Campaigns Officer for at least the next two years to help reinvigorate our caucuses as a place where workers who face additional marginalities can meet with others who face the same kind of oppression in a safe space. Similarly, is there something you wish we’d campaign on in your workplace or across our sector? Well then, get in touch! This is your union and we are completely member driven. Contact me at president@raffwu.org.au or your Secretary Josh Cullinan at secretary@raffwu.org.au. With all the industrial action taking place in the United States, many activists called it “Hot Strike Summer”. If past is prologue, things are just starting to heat up here in the Southern Hemisphere and RAFFWU is leading the way. jobs that we all deserve. Now we know that we were right and we know that our direct collective industrial action is the key to securing the best conditions. Your union magazine, Action, tells some of our stories from 2023. The stories are told by members, with members and for members. Your union is in the workplace of every member. Your union grows because members share our stories. Action is what we do. Share the stories in this newsletter, dare your co-workers to share our dream of a better world achieved when we stand up and fight back. 1
Dedicated legal services for RAFFWU members across Australia No matter where you’re located, Shine Lawyers is here to help. Protect your rights with a free, no obligation chat with our workers compensation experts.
RAFFWU SUES WOOLWORTHS FOR COERCION AND ROSTER ATTACKS BIG W COPS IT AGAIN FROM FAIR WORK COMMISSION For too long Woolworths has refused to genuinely consult workers over major changes, like RT3, the spill and fill of managers or the abolition of overnight work. Woolworths has behaved like we have nothing to contribute in finding the best solutions when it comes to major changes. It fails to benefit from our meaningful contributions and it makes worse decisions because of its approach. In the dead of night on 21 April 2021, Woolworths Store Managers across Victoria and Tasmania issued notices telling workers they would no longer work overnight. Around 1400 workers would move to day and evening fill, costing workers up to $30 000 per year. Our fightback against these attacks involved 100 workers raising disputes. Beneath the attacks was a desire to avoid penalty rates and paid meal breaks. When workers stood together attending their ordinary shifts — because their roster must not change while the disputes remain unresolved — Woolworths Senior Management locked them out, blocking workers from attending work. After three days, Woolworths coercively threatened workers by announcing it would not pay them and threatening disciplinary action against those who were simply relying on their workplace rights. The upheaval targeted workers, without consultation over the major changes, coerced workers, breached their rights and attacked them because they were entitled to penalty rates, paid meal breaks and union representation. It was one of the worst cases of worker coercion in retail and inflicted on essential workers by Australia’s largest private sector employer in the midst of the pandemic. We have painstakingly prepared litigation and, in late 2023, launched Federal Court action against Woolworths for what it did. We are seeking a range of outcomes, including compensation for our members who were coerced when they stood together. With help from SDA and AWU, Woolworths Group at Big W has tried to smash the rights of workers to arbitrate disputes and have rosters not change while a dispute is pursued. We now know that despite repeatedly promising to meeting with RAFFWU and negotiate over wages and other important conditions, Big W secretly cut a deal which cut worker rights, gave no wage increases for a year and paid workers a poultry 11c more than the absolute minimum. In return, Big W promised SDA it would attack RAFFWU member rights and force every new young worker to be subjected to the SDA recruitment agents in their first shift of work. This shameful attack by Big W follows its notorious past of cutting conditions, smashing worker rights and helping recruit for its SDA. We took our case to the Fair Work Commission and on 16 November 2023 the Fair Work Commission agreed Woolworths Group had repeatedly breached the Good Faith Bargaining Requirements. The deal itself is a shocker and should not be inflicted on any workers. In any event, we will continue to press Woolworths Group to guarantee living wages, secure jobs and safer workplaces in all Big W stores. We are also seeking compensation for workers whose roster was changed to avoid penalty rates and paid meal breaks. It is a groundbreaking case. We know that so many roster changes are imposed by the big retailers because they want to avoid penalty rates and other conditions — like breaks. We’re fed up and now we, and our members, are taking on Woolworths in the Federal Court. If you know workers who might be impacted by these changes make sure to encourage them to get involved in RAFFWU! 3 RAFFWU PROVES WOOLWORTHS GROUP BREACHED GOOD FAITH BARGAINING
Our essential worker heroes who were forced to work throughout the pandemic, who fell sick, whose families were made sick, who kept us fed and our pantries stocked have been left far behind. While the bosses profiteered and now gouge our pay packets, workers are paid poverty wages. Our #Superstrike showed that when workers are informed, supported and backed by their union, anything is possible. We called on the history of workers dating back hundreds of years. We know that our action is the spark that can light the fire of action we all need to finally achieve the wages and conditions we deserve. RAFFWU Members at Broken Hill Woolworths were the first to go on strike on 5 October 2023 and made a call to workers across the country On 7 October 2023, RAFFWU members at Coles and Woolworths engaged in the first ever national supermarket strikes in Australian history. These actions were a long time coming. Coles and Woolworths workers had billions of dollars stolen from them in successive agreements done between the bosses and their SDA. RAFFWU exposed what happened and spent years returning those stolen conditions. RAFFWU members have campaigned for years for fair and dignified workplace conditions. Living wages, safer workplaces and secure jobs are not just slogans. These should be minimum conditions for all workers but the politicians haven’t cared since their pay packets fattened. to join them and join the RAFFWU Superstrike. It was a huge success that has built the platform for our Christmas Superstrike. As we go to print we are beginning preparations for those actions. This has never been done before in supermarkets — and only RAFFWU members at Apple have engaged in national retail strikes at all! This is a once in a lifetime opportunity to be involved in real change — in seeing our bosses offer much better conditions. The wins are within our grasp when many more workers join the action and break their shackles of fear. All Woolworths, Metros and CFC workers, and all wages paid Coles Supermarkets workers can join RAFFWU, appoint RAFFWU as their bargaining representative and join our actions. 4
All the details of how you can help if you don’t work at Coles or Woolworths is at raffwu.org.au/superstrike, or you can access it through scanning the QR Code here >> 5 THANKS TO THE SUPPORTERS! We back our members and the huge community support for our Strike Fund has seen tens of thousands of dollars donated by hundreds of supporters across Australia. We send a huge thanks to every one of those who have stood with us while we take these strikes. The solidarity support has made a world of difference to workers who cannot afford to feed themselves and their families already. Strike Fund support while they strike has been an essential element of ensuring the success of our action. We welcome financial support from all (other than employers).
make history by taking Protected Industrial Action that included various bans on day to day tasks, and stop work action a.k.a strikes…a.k.a Superstrike! On the first day of bans I was the only worker in the store who was taking action. The panic and frazzled movements by the leadership group, as they tried to get their heads around what was happening and how it was going to impact operations, was fascinating to watch, and slightly satisfying to be the cause of. The lead up to the Superstrike was hectic in our household, as Jen (also a Woolies worker) and I made placards and designed our own RAFFWU t-shirts for the big day. I made a 30 second video promoting the strike which was posted on all of RAFFWU’s social media. Then came October 7, the day of the Superstrike. The history-making day, as workers of the retail duopoly came together for two hours calling for living wages, proper annual pay increases, safer workplaces and job security. What was thought impossible to me twenty years ago was now a reality! A special mention to Dylan, who was the only worker from our store actually striking. While Jen and I participated, the strike fell on our day off. We stood out the front of the store with our shirts and placards, engaging with customers as they entered the store. We had oodles and oodles of support and solidarity in the community... and a round of coffees from a generous regular! While the campaign continues, overall it’s been a ride of ups and downs. In February members prepared a list of 99 claims we wanted to see in our upcoming EBA with Woolworths. Line-by-line we thoroughly scrutinised each one; endorsing, adding, adjusting, removing, improving, until we were satisfied we had a list that had great coverage across the needs of all workers. The list was handed to Woolworths for consideration in March….and then we waited for their response…..and waited…. Sadly, the company was in no hurry to bargain. We waited until July. August was an important month as we set in motion the process of applying for and voting on Protected Industrial Action. At the same time RAFFWU used the Fair Work Commission to compel all parties involved in the bargaining process to the table. I was invited to tag along. The experience wasn’t what I was expecting. It was very casual, the atmosphere was cordial and relaxed. The Woolies’ higherups were very friendly. And it was great to finally be able to meet RAFFWU’s own, Josh and Michael in person! Once the hearing got underway, it suddenly hit me that we were sitting in a room with the very people who were going to make decisions around the remuneration and terms and conditions for each worker. In the end we got what we wanted, a response to our claims and a commitment to find a date to hold a bargaining meeting. The ballot to take Protected Action was an overwhelming success. Things were finally happening. The higher-ups emailed through their response to each of our claims. Their responses were a mix of (I’m paraphrasing here) open-ended further discussions to don’t bother we’re not moving. We finally got a bargaining meeting. Those of us who participated in the meeting took the opportunity to give real life, human examples — and the reasoning behind many of the claims. However, in the end, the meeting was nothing more than a live read of the emailed responses. The bargaining campaign heated up in September as Woolies workers prepared to WOOLWORTHS CAMPAIGN Customers are very supportive, co-workers on the other hand — the response has been mixed. Those who haven’t gotten onboard (yet!) are a mixture of quietly supportive, apprehensively curious. Sadly there are the backstabbers, underminers, and outrightly disdainful for what we are trying to achieve. All qualify their positions with cynicism and justifying it with deep scepticism that what we are trying to achieve is too unattainable given the might and power of Woolworths. Every day of this campaign is an opportunity to rewire that thinking. Because from this campaign and beyond it when someone says, “What can we do about it?” or worse “There’s nothing we can do.” Well, yes there is. Regardless of the outcome of our new Agreement, we have proven we can take action. And that we do have a voice that needs to be heard. And hopefully the steps we’ve taken so far will go from being unusual to becoming the norm from this campaign onward. In late 2022, Woolworths Supermarkets announced it would bargain for a new deal. It then promptly refused to lift a finger. RAFFWU members across Woolworths forced Senior Management to take notice. This account of bargaining and action in 2023 is written by RAFFWU Bargaining Team Member, Josh Reinecker from Woolworths Rosebud Central. 6 ENTERPRISE
COLES CAMPAIGN TAKE ACTION To get involved in the Coles or Woolies EBA campaign SMS your organiser or email the office via contact@raffwu.org.au RAFFWU members campaigned for four years to get Coles to the bargaining table. It took a change in the law for Coles to finally agree to bargain in December 2022. In March 2023, RAFFWU put our modest log of claims to Coles, including claims for a living wage of $29/hour base rate, safer workplaces and secure jobs. While a $29 base rate is very low in other sectors, in retail it is a massive step up from the woeful $25 base rate currently paid — and young, disabled and trainee workers are paid even less, despite doing the same work as everyone else. This is why we seek $29 base rate for all workers — to end the poverty rates of pay at Supermarkets. RAFFWU’s bargaining team, including delegates from the shop floor, have held a series of meetings with Coles. As we go to print in November 2023, Coles has refused to offer anything. We always knew Coles was not going to hand over a share of its profits to workers without a fight — the trickle-down economy we were all supposed to benefit from was always a furphy. This is where industrial action comes in. In September 2023, members voted overwhelmingly to authorise industrial action and to take it. We then met and decided to implement initial bans at work. Coles responded with a hardnosed attack on workers, effectively starving out workers by refusing to pay them if they participated in any form of ban, even if that meant just wearing a RAFFWU t-shirt or sticker while carrying on with normal duties. This response by Coles shows us just how determined Coles is to not share any of profits with us. While Coles makes record profits exceeding $1 billion, its workers struggle to afford the very food they sell and are paid some of the lowest wages in Australia. To further protect all profits, workers are currently subjected to personal bag checks, where personal items normally kept private are subject to inspection when finishing a shift. This is in addition to the long-held practice of only offering 3 hour shifts so Coles doesn’t have to pay for a rest-break. Do you see a theme of profits before people? On 7 October 2023, RAFFWU members held historic strikes across the country at both Coles and Woolies, with 1,000 members involved. It was great to connect with Woolies members who face similar challenges, and for us to support each other in our struggle for a better deal. On 3 November 2023, members in Victoria went on strike and rallied outside the Coles AGM to demand action alongside a community rally against price gouging. Outside Victoria we implemented 7 minute stoppages across the day. These are difficult times — and the cost of living crisis looks to continue. Members at RAFFWU are stepping up with action to achieve a living wage, safer workplaces and secure jobs. What are other workers doing? We know from the books of history that the only way workers have ever gained the wages and conditions they deserve is by organising themselves and taking protected industrial action. Have a conversation with a non-member today and ask what they intend to do to help apply pressure. It’s all about power. Who has it? The boss? Or us as workers? We will only have power if we come together, in union, and are prepared to take collective action. To secure the things we need — for ourselves, for the people we work with — we should lead conversations on these issues and propose the solution of applying industrial pressure. The more of us that come together, in union, the more power we have to achieve better outcomes. It’s time to swing the pendulum back in favour of worker power! - Coles Delegate & Bargaining Team Member 7 BARGAINING
RAFFWU members at Apple Charlestown begin taking national strike action, 2022. My overall experience with bargaining was very mixed. Fighting for a greater cause with like-minded people to help improve my fellow colleagues lives was an incredible feeling. Being apart of an important movement, and more than that, a successful important movement, was truly an amazing feeling. However, seeing so many of my managers and even some of the aforementioned colleagues respond so negatively towards what I felt was such a just cause was very disheartening. The steps that Apple, and in particular, my management structure, took to try and persuade people away from fighting for their rights was disappointing. To see a company, and so many people — who had told me so many times before that they believed in standing up for what was right only to turn their backs on us when we asked for better working conditions — was equal parts surprising and saddening. On the flip side, I was also surprised by who came out in support. There were people I worked with who I thought for sure would be totally ambivalent, or worse, who ended up being strong believers and fighters during bargaining. Shout out to the workers at Sephora for cheering for us when we walked out. I’ll never forget that. The support we received from RAFFWU was invaluable, and the donations we received were truly amazing to see. Even if there wasn’t always a strong sense of unity in my store, I did feel it from all the support we received from others outside the store. Ultimately, this is the reason why we were successful. Morale is important and without the support from those around me and those outside, I don’t know if we would have gone as far as we did. You never know what you’re capable of until you start. Kendal Clausen, Past Member at Apple Charlestown 8 In the last issue of Action, we celebrated the first ever national retail strikes in Australian history, with Apple workers across the country who were members of RAFFWU striking and implementing industrial action. The action of members fought off rotten deals and forced the company to make better proposals. Our action secured the following conditions, but it should have been far better. Unfortunately those not prepared to act ended up selling out. Every single better condition is thanks to RAFFWU member action and we are now helping members implement their new rights. Key wins due to action: $29.23 minimum hourly base rate (up from $24.60 in 2022) Wage increases for everyone (previously only ¼ would have guaranteed wage increases) De-casualising work with mostly set rosters (but still not properly set) Minimum guaranteed hours for part-time workers of 15 hours 150% penalty rate on Saturday Evening and overnight penalty rates Additional paid leave (but not for fixed term employees) Better overtime rights including overtime pay for all extra part-time hours APPLE CAMPAIGN The Apple campaign ends after a huge year of action.
9 Brodie Daniels, Past RAFFWU Delegate As soon as Apple announced a new EA, I knew I needed to do something. Having worked at Woolworths during their previous EA, I recognised the importance and urgency for action. Already having qualms with the zombie agreement that was in place, this truly felt like the only chance to make meaningful change. I worked for over six months without two consecutive days rostered off and had no protections for scheduling in the zombie agreement. After reading the agreement, I began chatting to colleagues to gather their thoughts and opinions. I was really surprised that the majority of people hadn’t actually read it. There was an immense lack of knowledge around the process of bargaining and what the agreement actually contained. After rounding up a few team members who were also part of RAFFWU, we started to become more organised. Apple Australia certainly had never seen this level of unionising in their stores, and especially this quickly. They were immensely underprepared. Displaying and sharing factual information about the agreement soon became taboo and frowned upon. Even months into the bargaining process, there were still managers who hadn’t even read the agreement but were loudly exclaiming the benefits in captive audience meetings. When managers informed everyone taking protected industrial action, that they were not going to be protected if they joined RAFFWU after the PABO, and I called them out for this misinformation, everyone was told to “do your own research”. The workplace soon became volatile with managers and other colleagues bullying team taking action. Despite all these setbacks, the team kept fighting for what was right and have now ended up with an immensely better agreement than previously. RAFFWU made me feel incredibly safe and protected throughout this daunting process. Taking industrial action can be scary, especially considering this was a first. The sense of community and support that was fostered throughout this experience was fantastic. RAFFWU made it genuinely feel like a fight we were not fighting alone. Dani Barley, Delegate at Apple Broadway & RAFFWU President Taking on a $4 trillion company was never going to be easy, but I don’t think we realised how ridiculous it would be at times. Having fantastic RAFFWU members from around the country made it a little easier, even when we were having to negotiate for something as basic as sufficient toilet to staff ratios. Some stores only have ONE on-site toilet/change room, for up to 100 workers at a time. The amount of time and effort that all of the delegates and workplace leaders (not to mention our amazing RAFFWU staff) put in should make every RAFFWU member proud. When we compare our new Agreement to the ones we stopped in 2022, there were significant gains made. And while Apple is currently doing their level best to sell this deal as a success on their part, employees know that the gains were made through our sustained RAFFWU action. It was so vindicating to have such a positive reaction from the community and it helped confirm that what we were doing was momentous, brave, admirable, historic, and most of all — right. - Dom, Delegate at Apple Chermside
10 BETTER READ THAN DEAD DOCUMENTARY PREMIERES In August and September 2023 we held a series of Film Premieres across the country and had RAFFWU Members, Leaders and Delegates travel with the film to hold panel discussions about how they won this historic deal. Their Enterprise Agreement guarantees: $26.79 base rate with all loadings and penalties paid on top Double time on Sunday Abolition of Junior Rates after probation periods Minimum Level 3 classification after probation periods All casual workers entitled to ongoing full conversion after 12 months service, with full days of work for each day of availability 6 months paid parental leave $50 allowance every time their pay is wrong Extended consultation, notice and redundancy rights Suite of fair treatment, anti-discrimination and OH&S rights 20 days of paid family and domestic violence leave In 2022, RAFFWU commissioned a special documentary film to tell the story of the very first industrial action in a retail workplace that secured a new agreement. The story of the RAFFWU campaign at Better Read Than Dead was produced into a 45 minute film with the fantastic assistance of Jeremy Elphick. A special thanks also to The Giving Circle for funding the documentary film. The film is publicly available and can be viewed on our RAFFWU Youtube Channel. Watch the film here >>
11 Jimmy, Better Read Than Dead Employee It was incredibly special to travel around Australian capital cities sharing our documentary and engaging in Q&A sessions with the attendees. When we started our campaign, it felt so small. We were a group of ordinary bookshop workers who wanted a better, safer place to work and thought that, rather than seek a greener pasture elsewhere, we could make one for ourselves where we were. I don't think any of us knew that retail workers hadn't taken industrial action in Australia for over 50 years. We are well aware of that now, and even more so because some of us had the chance to take the documentary on tour. We met other union members, activists, artists and supporters in the movement that had been quietly watching us from afar who now wanted the inside scoop — while at the same time wanting to say that they appreciated the stand we'd taken, which could now act as an industry standard and one version of a template for winning what you deserve as a collective. I've never witnessed more engaged, thoughtful, excited Q&A sessions in my life. It was a long way from the sometimes dull, asinine conversations that we have all been to at Writers Festivals or other events connected to the literary industry. Thank you to the organisers who took us under their wing, and to our comrades across the continent who shared their excitement with us. It's only up from here for the rights and power of retail and fast food workers. Carolina, RAFFWU Delegate and Committee Member In September my colleagues Jimmy, Leona and I had the absolute privilege of launching the Better Read Than Dead documentary across the country. We started our campaign with a simple goal: we wanted to make our workplace safer and fairer, not just for ourselves but for all BRTD employees to come. As Maddy, one of the documentary interviewees, so succinctly put it, we were all in it for everyone else. Whilst we quietly nurtured hopes that our campaign may have implications for other retail and fast food workers as its gravity slowly dawned on us, it still felt so insulated within the confines of our workplace. Yet one of my biggest takeaways from chatting with other workers at the documentary launches is that organised worker action does not exist in a vacuum. All action builds our movement. It was incredibly gratifying to be able to offer the documentary to other workers along with all the knowledge and lessons we learnt along the way. We hope it proves a valuable resource for workers in their fight for better workplaces. Thank you to everyone who made the launches possible and thank you to everyone who came along. We were inspired by every single person we met.
IKEA EA BARGAINING RAFFWU Bargaining Team Member at IKEA INTERVIEW WITH MARY DOYLE What was it like being a part of a Bargaining Team? Being part of Enterprise Agreement bargaining was a great opportunity to be heard and to also support and represent myself and co-workers. It was a hugely empowering and eye opening experience. Were members at your store empowered with having someone at the Bargaining Table? Absolutely, having actual representation meant conversations that would never have occurred otherwise were able to happen directly at the table with lawyers and the decisionmakers. It allowed us to be privy to information and perspectives that may have otherwise slipped past. Was it important to have the support of your union? We are stronger in unity. Being a part of and supported by a union, allowed a point of organisation, empowerment, and a collective voice. Having the power and knowledge both socially and legally speaking makes a huge difference in feeling supported to stand up for your rights without fear of retaliation. Were there any outcomes you feel came about because of the union and that make you proud? Certainly, the introduction of set rosters which were a major issue with staff but a non-issue for IKEA. Union representation and the knowledge of Bill and Josh in these areas meant we were able to introduce this to the agreement and secure implementation. Without a doubt the conversations and organisation supported by the union allowed much broader coverage and helped instigate those conversations to a wider base. I am proud to stand with RAFFWU and workers to fight for better rights and a better future. In fact, we’ve seen wages go backward by a staggering 16% just in the last 10 years at IKEA compared to the minimum wage increases. This is one of the ways the SDA costs all workers. In bargaining, despite our limited action, our team was able to convince management to securitise and de-casualise all work so that for the first time, part-time and full-time workers will have set rosters. The minimum base rate is $26.36 and the agreement commences in March 2024. We also won the first provisions in retail recognising “found family” for queer workers and the right to access personal and compassionate leave for found family. In 2023, RAFFWU bargained for a new IKEA Enterprise Agreement. We built a great bargaining team but our action was limited on the shop floor. We know that where we aren’t taking protected industrial action to secure a better deal, the outcomes are nowhere near as good. IKEA was honest enough to admit this — explaining their Distribution Centre workers at Level 1 are paid 21% more for the same work because they have historically been prepared to take action unlike the SDA. "IT WAS A HUGELY EMPOWERING AND EYE OPENING EXPERIENCE" 12
Bunnings workers deserved a far better deal. Every Agreement outcome is directly proportionate to the level of direct action RAFFWU members are prepared to take. To achieve better conditions — like at Apple, Better Read Than Dead or Readings, workers need to be prepared to take responsible direct protected industrial action. BUNNINGS BANK ABOLISHED BUT STILL A SUBSTANDARD DEAL Jim Reynolds, RAFFWU Bargaining Team Member, Bunnings Tasmania I joined Bunnings in 2012 having come from the other hardware store. There was almost no talk of the 2013 EBA until it was time to vote. The SDA had been virtually silent on the issue and nobody knew what was in the log of claims, even the SDA delegates. I was unhappy with the lack of consultation or feedback from the SDA and its Organisers. After an extended period negotiations were to begin on a new EBA in 2019. I decided to join RAFFWU to get better representation and feedback on negotiations. I submitted my proposals for the log of claims and was a happy camper. Unfortunately, COVID hit and for various reasons Bunnings withdrew the agreement that was before the commission. Finally 2023 arrives and we are to begin negotiation on our long expired agreement. Once again, I submitted my wish list for consideration in the log of claims. This time however, Josh contacted me and asked if I would be interested in direct participation in the bargaining process with four or five other members. I was keen to see how this sausage was made. It was clear from the outset that Bunnings had been working on this for a while. They seemed to be determined that most things were set and only a small amount of tinkering at the edges was going to be acceptable. But we pushed on. It seemed evident during the negotiations that the SDA had no objections to any of the proposals put forward by Bunnings or any new or creative ideas of their own. When Bunnings finally presented their first wage offer it was a take it or leave it deal. Not unexpected. I was pleased with the acceptance of five weeks annual leave but disappointed with the loss of public holidays additional day off. Removal of Bank of Hours was a good outcome for most. Was disappointed with the level of wage increases especially the clawing back of wages for those who had earned above EBA rates achieved through performance bonuses. I see this EBA as a small first step in what will be a long process. Things can only improve if the workers are organised and in large numbers. I believe we did quite well considering our numbers. We will never achieve a great outcome without greater numbers. I know that overall, most of us consider Bunnings a reasonable place to work. That doesn’t mean that we cannot make it better though. Looking forward to next time. 13 The 2023 Agreement at Bunnings will end the Bank of Hours and improve rates at some times of the week. It will also pay a base rate of $27 per hour, but not full penalty rates on top across the working week. There is an additional week’s leave for non-casual workers but the Agreement leaves much to be desired. Our action at the Fair Work Commission secured promises that no worker would be required to work at 5am or to change days of work without agreement. We don’t trust big business for a second so if these things impact you, don’t hesitate to contact RAFFWU. AGREED TO MEET RAFFWU IN APRIL
This is a publication of Shine Lawyers for the purpose of investigating legal action against KFC. It is not sourced from or endorsed by KFC. Are you a current or former KFC employee who hasn’t had paid 10 minute breaks? You could be entitled to compensation. Visit shine.com.au/kfc or phone 1800 325 172 Join Shine Lawyers’ class action today. KFC CLASS ACTION RAFFWU has joined with Shine Lawyers over a class action against KFC regarding the company’s failure to provide KFC workers with paid 10 minute breaks. Under the KFC Enterprise Agreement and the Fast Food Industry Award, KFC and its franchisees operating KFC restaurants across Australia, are required to provide workers with a paid 10 minute break for over four hours, and two 10 minute paid breaks for shifts longer than 9 hours. RAFFWU encourages current or former KFC employees, who worked at a KFC restaurant in Australia from late 2017 and did not receive at least one 10 minute paid break to register for the class action investigation. www.shine.com.au/kfc VOY PAYS & PLEADS ON ADVERSE ACTION On 12 September 2023, the Federal Circuit and Family Court of Australia declared Voy Pty Limited took adverse action against a RAFFWU member who worked full-time for the business. In late 2022, RAFFWU commenced legal action against Voy Pty Ltd. The action related to a white goods retailer in regional NSW. The action involved adverse action against a member of RAFFWU for exercising their workplace right to personal leave. The employer paid our member for their pain, hurt and suffering the equivalent of five months wages. We are delighted the matter resolved with compensation paid to our member for their pain and suffering, and a declaration made by the Court for the offending conduct. It pays to be a member of a fighting union. MEMBERS WIN BACKPAY So many workers are responsible for opening and closing stores, securing cash or supervising others but hardly any of us are classified and paid at the proper level. RAFFWU stepped in to help me and I was back paid over $4,000 including super. Even a dollar an hour adds up and with my union I was paid what I was owed. I encourage every retail and fast food worker to join the union that fights for us and is always on our side. That’s RAFFWU. Over $6000 recovered for Rohahn! Sydney member Rohahn was wrongly classified in their casual retail job when RAFFWU stepped in. Workers responsible for stores, opening or closing, securing cash or supervising others need to be classified higher. It adds up, Rohahn has been paid over $6,000 plus interest and superannuation for 18 months in their casual retail job. It pays to be union. - Justeene, RAFFWU member 14
This is a publication of Shine Lawyers for the purpose of investigating legal action against McDonald’s. It is not sourced from or endorsed by McDonald’s. Are you getting your full paid 10 minute break? Visit shine.com.au/mcdonalds or phone 1800 325 172 McDonald’s Employee? If not, stand up for your rights. Join Shine Lawyers’ class action today. On 12 October 2023 the Federal Court of Australia handed down two important and eagerly anticipated judgements dealing with the SDA attempt to stop the Shine Lawyers McDonald’s Class Action, which is supported by RAFFWU. This important win means the action can now move forward with the important case affecting over 300,000 current and former McDonald’s workers. The judgement exposed SDA had known about the practice of denying breaks for years and done nothing of use when it mattered: FEDERAL COURT EXPOSES SDA IN MCDONALD'S CLASS ACTION DOMINO'S CLASS ACTION DECISION IMMINENT The long running Domino’s class action was heard in November 2022 and the decision is expected soon. RAFFWU exposed that rotten old zombie SDA deals were inflicted upon over 50,000 workers for years costing them a fortune. Delivery drivers were not paid casual loading, penalty rates or proper delivery allowance – and had shifts cut to just 2 hours too. Every worker who worked at a Domino’s Pizza franchise between June 2013 and January 2018 should find out more about the class action. RAFFWU encourages every eligible worker to register for the class action at www.dominosclassaction.com 64 The Tantex case was heard in June 2020 and later resulted in a judgment (Retail and Fast Food Workers Union Incorporated v Tantex Holdings Pty Ltd [2020] FCA 1258; (2019) 299 IR 56) delivered by Logan J in August 2020. The relevant Worker was a former employee of the franchisee respondent, and the franchisee admitted some breaches of the requirements of cl 29.1 of the EA as to ten-minute paid drink breaks (see [6] per Logan J). Again, doing the best I can with the incomplete evidence adduced and the inferences rationally available to be drawn, I find that the SDA must have been aware of the perceived problem, being the central common issue, no later than 2018, and probably well before this time. 65 In any event, the evidence does not establish that the SDA did anything useful when it became aware and, consistently with the misconception later advanced by the SDA that Pt IVA was unavailable to advance the claims of Workers, no class action litigation was commenced by the SDA prior to, or concurrent with, the Tantex case (or indeed any other type of litigation). This is in contrast to the RAFFWU and its solicitors, who immediately commenced discussions about a potential class action against MAL and launched a public campaign for Workers “to register for fair compensation to build potential class action”. … 71 What the record reveals is that even when the SDA stirred itself into belated action, it did so in a piecemeal way, commencing the cluster of pre-class action cases and post-class action cases for named Workers. The commencement of litigation by the SDA on behalf of the broader class of Workers employed by 324 franchisees (and which, contrary to the class action applicants’ submissions, was only foreshowed on 23 March 2022) did not occur until the filing of the Bandec case on 11 August 2022 – notably, after conferral had occurred with the class action applicants. 72 By contrast, those responsible for the Class Action moved, if not with alacrity, then at least more promptly than the SDA. As previously noted, in about August 2020, Ms Antzoulatos of Shine commenced discussions with the RAFFWU about investigating a potential class action, the investigation was publicly announced on 30 September 2020 and by 31 October 2021, more than 17,000 Workers had registered to participate in the foreshadowed class action. The McDonald’s employers have indicated they intend to defend the claim by arguing that SDA should not be entitled to run any action on the paid rest breaks because SDA knew the entire time that workers weren’t getting breaks and supported that approach. We encourage all members who worked at any McDonald’s outlet between December 2015 and 2021 to find out more at www.shine.com.au/mcdonalds 15
ACTION AT FACTORY X DANGERFIELD AND PRINCESS HIGHWAY WORKERS AIMING FOR CHANGE Abolition of Junior Rates Changes to break scheduling Introduction of mandatory offers of Part Time contracts Changes to leave entitlements to be inclusive of casual workers and other types of care such as Gender Affirmation leave Introduction of First Aid, Mental Health First Aid and Fire Warden trained staff members to every location Changes to minimum staffing levels Free uniforms and laundering allowance (as required by law) And much more 16 Mon Mulveney, RAFFWU Committee Member and Dangerfield Campaign Organiser The conditions that Dangerfield (Danger) and Princess Highway (Princess) workers face across the country can only be classified as unsafe and unfair. After just over a year of working for Factory X (the company that owns the two brands) in both NSW and VIC, I knew that alone I would not be able to achieve the positive changes that workers in Danger and Princess stores desperately need. I knew that my coworkers and I needed support. In January 2023, two of my coworkers and I met with RAFFWU organiser Michael, to discuss some safety concerns we had in our workplace. The more we spoke and shared our experiences with him and each other, the faster we realised how unprotected we were in the workplace. By May we had elected 6 delegates in multiple Danger and Princess locations across Melbourne. It was clear that we were all facing the same hardships. There were multiple safety concerns, including stock quantity levels in stores, the lack of electrical checking and tagging in stores and workers being asked to work alone for extended periods of time. In one location we saw temperatures inside the workplace exceed 35 degrees with no effective action taken by Factory X to help or support the workers there. With membership growing over 2023 we soon realised that following the company protocols for raising concerns was not seeing action for any worker. The initial member meetings were focused on seeking support and solidarity within the Danger and Princess communities. By the time July rolled around we focussed our discussions around EBA campaigning and started to compile a list of claims that we would like to see in an agreement with Factory X. These claims include:
INTERVIEW WITH RHIANNON HOWARD We are also now starting this process in other parts of Australia. We encourage all Factory X workers — no matter your brand store or location — to reach out, get involved and help achieve the wages and conditions we deserve. 17 "It has only been through the solidarity and support of members and workers across the state that we are in a favourable position" In September our members endorsed a final set of claims. Our new task became to engage Danger and Princess workers across Victoria with the set of claims, and drum up support for bargaining. Members from multiple locations worked together to collect signatures on a petition for the Fair Work Commission (FWC) in case Factory X refused to come to the bargaining table. On 18 October 2023, Danger and Princess delegates, along with other members sent the first email to Factory X requesting they bargain. Disappointingly, but not surprisingly, Factory X declined. In response, RAFFWU took the petitions to the Fair Work Commission for a Majority Support Determination. Over the last few months many members have worked tirelessly to reach majority support. We aim to bring Factory X to the table by the end of the year so that 2024 will see Danger and Princess workers in Victoria achieving far better work conditions than ever before. It has only been through the solidarity and support of members and workers across the state that we are in a favourable position, and we aim to continue this into the future. The solidarity of workers across the state has been huge, and the impact of union support can be seen largely at the Dangerfield site in Brunswick. On the 8th of November, workers from the store along with RAFFWU, met with Factory X upper management and human resources. The members of the store had been campaigning for the election of a Health and Safety Representative (HSR) so that workers were able to represent themselves and their colleagues in matters of safety, but also monitor the employer’s measures to comply. The workers and Factory X came to the agreement that four employees would be allowed to complete the HSR training and hold that position for the store. With a total of ten employees at the location, an HSR appointment for 40% of the staff load is an incredible achievement. This win comes only as a testament to the strength of the members at that store.
When Woolworths Group demerged Endeavour Group, it tried to exit alcohol sales and pokies through offloading its ALH hotels, Dan Murphy’s and BWS bottle shop outlets. Dan Murphy’s and BWS are up for new agreements but even before bargaining commenced it became clear that BWS was facing massive cuts to hours and changes to rosters. With fewer workers in store and the work only increasing, it’s a simple recipe for unsafe workplaces. For many years, BWS and Dan Murphy’s have relied on a legal fiction that some stores in some JAYCAR WORKERS BARGAINING FOR FIRST DEAL ENDEAVOUR GROUP SPINS OFF FROM WOOLWORTHS & SETS SITES ON CUTTING CONDITIONS EVEN FURTHER COLES LIQUOR WORKERS STILL ON WAGES-STEALING ZOMBIE SDA DEAL Liquorland, First Choice Liquor and Vintage Cellars workers remain on a ten year old zombie deal which continues to strip penalty rates, casual loading and other conditions. This deal from a bygone era, before RAFFWU was launched, is one of the remaining remnants of the notorious zombie deals the SDA did with bosses in exchange for employers recruiting workers to SDA. The infamous deals have cost millions of workers, billions of dollars. Now, Coles Group are negotiating for a replacement agreement and Coles Liquor workers can appoint RAFFWU as their bargaining representative. To find out more and get involved, contact RAFFWU. states are not ordinary retail outlets. While a BWS outlet which is the drive through bottleshop of a hotel might be considered the hotel’s takeaway department, it’s nonsense to suggest a retail shop in a shopping centre is anything but an ordinary retail shop. This legal fiction has been used to argue some BWS and Dan Murphy’s outlets are not covered by the General Retail Industry Award 2020 and extant enterprise agreements. Our approach in bargaining has been to call out this nonsense and press the claims of members in new agreements to cover all workers. RAFFWU members have been bargaining for a first enterprise agreement at Jaycar and RTM stores across Australia. Jaycar commenced bargaining meetings in September but bargaining is slow. This will be the first enterprise agreement applying to these stores. We know that our outcomes in bargaining are directly proportionate to the preparedness of members to take responsible protected industrial action. We support members engaging in the bargaining process – and help build their skills in negotiating better terms and conditions. We know SDA will agree to worse conditions as long as they get rights to pressure new workers to join their ‘club’. Every agreement which is made without RAFFWU involvement where the SDA is involved is worse than any agreement where RAFFWU is involved. However, good agreements have only come where RAFFWU members are engaged in industrial action. This applies to places like Bunnings and IKEA where members weren’t ready to take action in 2023. For us to win the conditions workers deserve, that needs to change in the future. That isn’t something we do in 4 years time. Building union power among workers needs to start much earlier. At Jaycar, we are doing that now and RAFFWU workplace leaders know that the deal they deserve will require members being not only active but organising for action in the workplace. 18
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