I can’t see where an Agency can have an opt out because it is not a ‘Workplace’, and therefore, by definition, cannot bring into effect a ‘Workplace Agreement’.
In one of the earlier drafts a ‘Workplace Agreement’ was defined as complying with Section ■■ of the Employment Act. Unfortunately, I don’t have a copy of that version so have never been able to look up that particular Section.
I presume the deletion of the reference to the Employment Act was the result of a recognition that they had failed to appreciate Agency workers as a vital part of the Industry and that the whole silly circus was becoming a total ‘Dog’s Dinner’, but needed to push it through regardless.
The matter gets even more confusing when, as an Agency driver, you work medium/long term, for a Company operating a 26 week cycle, and are then put into a Company working a 17 week cycle.
I suppose that in reality, an Agency driver should agree to any ‘Workplace Agreement’ applicable to ANY client of the Agency whether the driver is likely to work there or not.
5 years? i suppose that is ok if you intend to stay that long. i am looking for a proper job though. no offence to agency drivers (i have been one for 6 years) but i want to settle into a job that gives me my own truck. i hate to think how much paperwork is involved with joining a company now though
i have just checked the regs and the workforce agreement cannot be longer than 5 years. there is no mention of anything shorter than that though. i think it is up to you to ask the boss about the agreement length. i would guess that they will want a 5 year agreement to cover themselves for that period. any workers who join from now onwards will have to agree to the agreement in place which basically leaves them with no choice other than sign or go elsewhere
Bear in mind that even if you sign, you can choose to “unsign” at any point, so long as you give your employer the minimum amount of notice - which I think is 3 months, although I’d have to check.
