sub171

From: Robert Mercer

Sent: Monday, 7 November 2005 2:02 PM

To: Family Responsibilities

Subject: Robert Mercer

Importance: High

Dear Sex Discrimination Unit.

I know this submission is late but I cannot see another forum available for me to tell my story.

In the dismissal of my case it was pointed out by way of law that when an individual is involved in an E.B.A certified by the A.I.R.C then discrimination beccomes exempt under section 40 (1)(f) of the SDA. I cannot understand how the discrimination laws are over ridden by virtue of an E.B.A being in place. The E.B.A that was certified imposed a requirement upon me which I couldn't comply with based on my parental status and that a higher proportion of people who aren't parents could comply with.

Whilst the negotiating of this E.B.A was taking place I voiced my concerns both to my union officials and direct with management. I have kept records of all correspondence that occurred at this time. I was very concerned even before the agreement had been certified that my family commitments would interfere with my ability to adhere to the mandatory overtime component that was embedded in the agreement. I was quite prepared to take a reduction in salary so that I would be able to meet my family commitments that I had outside of the workplace. At this time I was told that if the majority of the workforce were prepared to agree to a E.B.A that had a mandatory overtime component there was nothing that I could do.

Over an eighteen month period my concerns were continually ignored by my employer. As a result of this my home life deteriorated, my health was affected, and I was under constant medical care. Subsequently I was constructively dismissed on 13th December 2004. After a period of unemployment I am now working interstate and I am away from my home and family for long periods of time. My wife has had to reduce her hours so she is available for our daughters after school. My entire life has changed both financially and emotionally because my employer failed to demonstrate any flexibility, care or compassion.

As I have already stated, I am and have always been prepared to work a normal working week, however I am now asking why it is just and fair to be so severally penalised when I put the welfare of my young family before a commitment to work overtime.

I hope to hear from you soon

Regards

Rob Mercer