Thread: Can an EBA be overruled?

I would have thought highly illegal. I'd also question whether the current EBA allows you to work 21 consecutive shifts without a break - that certainly isn't allowed on any of the sites that I'm familiar with.

I'd be contacting someone at Fairwork Australia (fairwork.gov.au) and asking the question - and providing them with copies of both your original EBA and the e-mail that you have been given by Payroll.

Sounds very shonky to me .......................... and I'm in a role that works with FIFO / remote sites / EBA's on a daily basis.

I'm with BMKal. I would think it is illegal also.

I work FIFO on a 2 week on 2 week off basis (actually 15 days 13 days) and as we have to have a minimum shift size, we cover all leave positions on OT.

So if a staff member is on leave, be it sick or rec leave, we would work our own 2 weeks and then 1 of the weeks on the other shift at OT rate. This gives an effective 22 days on and 6 off before recommencing our own shift.

This is unique though to our situation and our EA and in no way would this be generic across FIFO EA/CA/EBA agreements.

Hope that makes sense.

Ditto bmkal, and numpty. The only time they can try and NEGOTIATE a new EBA is if circumstances change significantly .
Even if the previous EBA had expired it remains as status quo until a new agreement is reached or FWA rules. IMHO.
One suggestion that some will hate is contact the union and consider joining , they have divisions for both operations and staff/contractors as they have access to lawyers with vast experience in this area. The union membership will more than pay for itself if it only saves you from having to repay the bogus backdated EBA , let alone be forced onto it with no negotiation.

An EBA can be altered, but only if a majority of those covered by the EBA vote for the alteration

Recently the company I FIFO for announced they would not pay if workers were evacuated due to cyclone. Payment for this situation is a condition of our EBA. After they tried it on, the workers challenged and was put to a vote.
Needless to say the pay for cyclone evac was upheld

You will have signed onto some sort of work agreement or you wouldn't be there.

Check what you have signed to.

EBA's can always be changed by consent of all parties to the document.

This does not mean you but the official persons or representatives who wrote the agreement that you signed onto.

Some EBA's are generic and may have specific clauses relating to your site.

BHP Billiton and Rio Tinto are experts at doing this.

Go to HR (human resources) and speak kindly to them of your situation.....they may be on your side and your contracting company may be wrong.....which they won't like.

HR, whether you like them or not will give you their legal side of things....by law they must.

Keep your cool and seek your information from higher places including your union if you are a member.

Read this before talking to anyone:

Wages, deductions from

By FIFO I mean offshore FIFO. I'll not mention names but it's a pipelay north of Dampier. Offshore rosters are always 3 on/3 off, or 2 on/2 off if you're lucky. Days off mid-swing? Lol!

So I take it seperate agreements can't be used to nullify seen 'benefits' in an EBA? The EBA i've signed onto is specific to this project and scope, but there's also an umbrella agreement for all company projects within WA and NT... but it's a non-specific agreement, not an EBA contract.


As for contacting the company - not a chance. They're like dealing with entitled children with guns... but in their bloodlust to attack the benefits scheme they're beginning to slip into a realm of lawless fantasy.

No doubt the unions will no doubt come in to bat for us, but I want an external perspective on my situation before I personally illicit their help on the matter... just so I can line all my ducks up in a row.

Sounds very dodgy.
Contact Fair Work Australia.
If you're in a union, get them involved.
Study what you actually signed in great detail.
If those measures don't work, you may need an industrial lawyer.