Event Cinemas pay-cut threat 'legal'

Monday, 28 May 2018

Event Cinemas is threatening to cut its striking cinema workers' pay by 10 per cent and one employment law expert says it's within its rights to do so.

Unite Union, which represents the workers, said it had been told on Monday that the company would take 10 per cent off workers wage, if they were part of a partial strike action at the Albany cinema last Wednesday.

Event Albany cinema workers had organised to not sell any food and drink to customers for the Star Wars midnight premiere screening.

This followed the breakdown of negotiations on May 22.

READ MORE: Event Cinemas calls staff strike action during screening of new Star Wars movie 'unlawful' 

The union wants all staff to receive pay rises in line with the minimum wage increase.

Unite Union said it was concerned by the 'blunt application of wage deductions' and would be challenging Event to provide specific information about which workers were having deductions made.

'A number of union members were not in a sales position and so could not participate in this partial strike. This includes are high number who were placed in non-sales areas by management in an attempt to mitigate the impact of the industrial action. Deductions made from a worker's pay in these circumstances would be illegal.'

But Susan Hornsby-Geluk, of Dundas Street Employment Lawyers, said Event was within its legal rights.

She said a law change in 2015 allowed for pay deductions in cases of partial strike, where workers turned up for work but refused to carry out certain tasks.

She said the rule change was introduced in response to protracted strikes occurring 'where there was no consequence for employees'.  Hornsby-Geluk said Labour had indicated it intended to repeal this part of the law.

'Given that the union has an obligation to notify the employer of which employees will be participating in the strike, and what the nature of the strike action will be, there should not be any dispute as to which employees the deduction should apply to. 

'The fact that there is confusion could be as a result of the strike notice issued by the union not being clear enough.'

Unite said, after the deductions, workers would earn between $14.85 and $20.59 an hour for working at the premiere, tickets for which cost $19 each.