The AMWU is preparing a test case to obtain compensation for workers who may lose out on overtime pay under the Federal government’s new Modern Awards.

Manufacturing workers were paid double-time after two hours of overtime in 95 of the 168 industrial instruments replaced by the new manufacturing award.

However, the new manufacturing award only pays double-time after three hours of overtime, which means some workers could get less pay.

AMWU National Secretary Dave Oliver said there are two grounds on which the union will apply for compensation before Fair Work Australia.

“The first reason is to ensure that the modern awards objectives are met. We need to ensure there is no uncertainty or ambiguity and that we have a clear award for manufacturing workers.

“The second reason is to reduce the hardship on workers. We are conducting research to find out how many workers rely on those 95 awards but we imagine that it will affect a significant number of people.”

While the majority of AMWU members in the potentially affected industries and occupations have union collective agreements, it is imperative to protect standards in the Modern Award underpinning their collective agreement.
 
Therefore we are pushing to have overtime included as a transitional arrangement so that current benefits are continued in the Award beyond July 1 2010.