WHAT ARE YOUR RIGHTS DURING A MERG ER?

HACSU are in talks with Anglicare about guarantees for workers’ future employment, entitlements, and job security. Thus far, Anglicare have not stipulated clearly to us whether this decision will cause full or part redundancies.

Ready to fight

We’ll be meeting with workers to tackle their concerns, so make sure you keep an eye out for information from us if you’re affected. It’s a good time to encourage your colleagues who aren’t yet members to join, so we can help you through this process together.

So, what are your rights during a merger?

It’s complicated, and there’s not a one-size-fitsall answer for everyone, but we can speak more generally based on established protections that are legislated under the Fair Work Act (2009).

According to the Act, when there is a transfer of business a new employer must recognise an employee’s service with the old employer when working out “most” of their entitlements, including:

• Sick and carer’s leave

• Requests for flexible working arrangements

• Parental leave

Other entitlements and conditions are usually negotiated between the workers and their new employer, including:

• Redundancy

• Annual leave

• Long service leave

• Notices of termination

Employees will still be under the same workplace agreement at the transfer of the business until their current agreement expires and a new agreement will need to be negotiated for employees upon its expiration.

Most agreements also contain something called a ‘consultation clause’. These clauses usually outline the process which employers need to undertake before they can make major changes to the day-to-day operations of employees, like roster changes, ordinary hours of work, or if they intend to make other significant changes at your workplace.

These clauses usually also call for transparency around change processes from the employer, including giving workers and their union thorough information on any changes, taking measures to prevent adverse effects to workers, and giving prompt consideration to any matters raised by workers and their representatives.

Where to now?

We’ll be demanding that Anglicare and genU continues to keep workers up to date and informed about any structural changes, and we’ll be fighting for them to keep your best interests in mind in any acquisition.

If you’re still not sure or something doesn’t seem right, make sure you get in touch with our dedicated industrial advice line, HACSUassist on 1300 880 032 or via email at assist@hacsu.org.au

If you’re not yet a member or you know a colleague who could benefit from joining, make sure you tell them to join the largest union in Tasmania for health and community workers.

What about workers right?

It’s worth having a copy of your agreement at work to look over in case there are entitlements or conditions that you may not be aware of. Your workplace should provide you with a copy – if they don’t, please call HACSUassist a on 1300 880 032, and we can email one to you.

Ask my union!