Agreement clauses for contractors

Clause wording During the life of the Agreement, Employees will contribute $0.95 cents per week to Incolink, to be paid by Employers as part of the contributions to Incolink under clause 23 of this Agreement. Incolink will collect and contribute all monies to the Victorian Trades Hall Council to organise and conduct Industry Picnics throughout Victoria each year. There will be no additional cost to Employees or their immediate families to attend Picnic Days throughout Victoria

Advice These clauses do not meet the requirements of section 11. The clauses indirectly require a person to indicate support for persons being members of a building association. The clause mandates a weekly $0.95 contribution by each employee (whether a member of a building association or not) from their Incolink contributions, to Victorian Trades Hall Council for the purpose of organising and conducting the Picnic Day. The Picnic Day is an event promoted by building associations and generally only attended by building association members. Therefore, by requiring employees to financially support the event, the clauses require a person to indicate support for persons being members of a building association, so that such members are able to attend the Picnic Day event. The clauses are also inconsistent with the requirement of the employer to protect freedom of association in respect of building work by adopting and implementing policies and practices that ensure that persons are free to participate or not participate, in lawful industrial activities. By mandating financial contributions by employees to Victorian Trades Hall Council for the Picnic Day, a lawful activity that is promoted by building associations, the clauses deny employees the freedom to choose whether or not they wish to financially support event. Financial support constitutes participation in the event for the purpose of section 13(1)(a)(iii). The clauses are also inconsistent with the requirement of the employer to protect freedom of association in respect of building work by adopting and implementing policies and practices that ensure that persons: a. are free to participate or not participate, in lawful industrial activities; and b. are free to become, or not become, members of building associations. By mandating financial contributions by employees to Victorian Trades Hall Council for the Picnic Day, a lawful activity that is promoted by building associations, the clauses deny employees the freedom to choose whether or not they wish to financially support the event. Financial support constitutes participation in the event for the purpose of section 13(1)(a)(iii). Mandating financial support is also at odds with ensuring that employees are free to become, or not become, members of building associations.