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   Media Releases

August 2007

 

 

 

28 August 2007        

 

Labor policy an important step towards better rights for working families, says ACTU

 

The ACTU said that the Labor Party's transitional industrial relations arrangements announced today were an important step towards restoring rights for working families in Australia.

 

The ACTU President, Sharan Burrow and ACTU Secretary Jeff Lawrence said that Labor's commitment to getting rid of the unfair WorkChoices IR laws and restoring important rights ensured that workers have a real choice at the next Federal Election.

 

In particular the ACTU welcomes Labor's commitment that a Rudd Labor Government would:

 

·          Restore unfair dismissal protections for the over 4 million workers who lost their rights under John Howard's WorkChoices IR laws.

 

·          Protect important working conditions in an improved safety net - conditions like penalty rates, overtime, public holiday pay, shift allowances and redundancy provisions.

 

·          Phase out the Government's unfair AWA individual contracts.

 

·          Provide workers with stronger collective bargaining rights.

 

Ms Burrow said that while the union movement supports Labor's commitment to getting rid of WorkChoices, the ACTU does not support elements of the transitional IR arrangements announced today.

 

In particular, the ACTU believes that AWAs could be abolished sooner, and opposes the current restrictions on union right of entry and the continuation of the ABCC.  The ACTU also opposes limits of the application of the award safety net to workers earning over $100,000. 

 

ACTU President Sharan Burrow said:

 

"Unions have ensured that workplaces and rights for working families are at the centre of this election campaign.  We welcome Federal Labor's commitment to getting rid of WorkChoices, and while we believe that the transitional arrangements are too drawn out, rights at work for Australian workers will be restored under Labor.

 

ACTU Secretary Jeff Lawrence said:

 

"The ACTU will continue to campaign against attempts by the Liberal Party and the business community to denigrate the legitimate role of unions in standing up for working families in this country.  Unions stand up for working people every day and we have the courage to take on employers that exploit workers. 

 

"We are proud of the fact that we fight for things like proper pay and conditions, protection from unfair dismissal and the right of workers to bargain collectively and that is exactly what we will continue to do."


25 August 2007        

 

Workers on AWAs miss out on redundancy pay, expose gap in WorkChoices laws

 

Workers on AWA individual contracts employed at the South Burnett Meatworks in Queensland have missed out on tens of thousands of dollars in redundancy pay after the plant closed while workers on a union collective agreement will get their full redundancy entitlement, with some employees getting up to $19,000.

 

But the collapse of the South Burnett Meatworks (Murgon, Qld) has also exposed a major new loophole in the Howard Government's WorkChoices IR laws, with redundancy pay not protected by the laws and not covered by the so-called 'Fairness Test' the ACTU said today.

 

Over time, the lack of protection for redundancy pay in the WorkChoices IR laws is going to cause enormous hardship for thousands of working families across Australia that are affected by factory closures, company collapses and corporate restructuring says the ACTU.

 

ACTU President Sharan Burrow said:

 

"The unfair situation for workers on AWAs versus workers on a collective agreement at this meatworks has exposed a ticking time bomb in the IR laws that could affect up to a million Australian workers over the next five years.

 

"It exposes a gap in the WorkChoices IR laws with no requirement for redundancy pay to be included in a workplace agreement and no obligation for employers under the so-called 'Fairness Test' to compensate workers for the removal of redundancy entitlements.

 

"The Federal Government's redundancy pay safety net scheme (GEERS) - introduced after the collapse of a company owned by the Prime Minister's brother, Stan Howard - also does not cover workers that have signed an AWA individual contract that has no redundancy pay entitlement.

 

"The average period of unemployment for workers after they are made redundant is nearly six months - it is even longer for older workers. Without redundancy pay these workers will have nothing to tide them and their families over until they can find another job.

 

"There are 230,000 workers that are made redundant each year and the increasing use of AWAs that provide no redundancy entitlement means more than a million workers over five years could be affected.

 

"The fact is that even in a strong economy jobs are not created quickly enough to rapidly absorb all the workers who are retrenched.

 

"Workers in industries affected by natural disasters such droughts and floods like the meat, food processing and agriculture industry will be badly affected by the lack of redundancy pay protection, as will employees in the car industry, clothing, textiles, mining and other sectors exposed to downturns in production.

 

"It is not surprising that the lack of protection for redundancy pay under the IR laws is not mentioned in the Government's misleading advertising campaign promoting WorkChoices," said Ms Burrow.


21 August 2007

 

New data shows Howard Govt’s IR laws workplace watchdog is failing workers

 

A new government study reported in a national newspaper today shows the Howard Government’s workplace watchdog is failing workers.

The study shows the much-publicised Workplace Ombudsman is slow, unresponsive and ineffective at dealing with complaints from workers about the new IR laws says the ACTU.

Out of 800 complaints from workers that were underpaid, dismissed or treated unfairly to a Queensland Government help line that were then referred to the Federal Government’s Workplace Ombudsman (formerly the Office of Workplace Services), only 4 responses have been received back by the Queensland Government.

A survey of the outstanding claims by workers by the Queensland Government found that more than one in three (33.5%) were dissatisfied with the service or outcome by the Howard Government’s Workplace Ombudsman.

The top three reasons the workers were unhappy with the response were:

 

·           The Howard Govt workplace watchdog indicated the worker had ‘no claim’ but did not provide reasons;

·           The watchdog accepted the employer’s details of events without giving the worker an opportunity to respond;

·           The watchdog did not provide any detail or keep claimants informed on the progress of the matter.

 

The survey also found that the Howard Government workplace watchdog was ineffective — in more than one in ten cases (11.5%), the individual worker was ‘directed, pressured, or otherwise encouraged’ to resolve the ‘matter themselves directly with their employer or by their own small claims or legal action’.

Workers also said the watchdog was very slow, with the survey finding one in ten (10%) matters had been under investigation for six months or more without resolution and without legal action being commenced.

ACTU President Sharan Burrow said:

“Despite $37 million of taxpayer-funded advertising this report shows that the truth about the Howard Government’s workplace watchdog is that it is failing Australian workers.

“If you have been sacked unfairly or suffered a pay cut it could take six months or more for your case to be heard.

“The caseload for the Howard Governments workplace inspectors has jumped from 25 cases per inspector to 40 since WorkChoices came into effect and further increases in caseloads are expected.

“But besides the lack of resources the main issue is that the WorkChoices IR laws are fundamentally unfair and need to be torn up,” said Ms Burrow.



21 August 2007        

 

Jeff Lawrence takes over as ACTU Secretary & vows to intensify campaign against WorkChoices IR laws

 

The new Secretary of the ACTU, Jeff Lawrence, took office today vowing to stand up for working Australians and to intensify the campaign against the Howard Government’s WorkChoices IR laws.

 

Mr Lawrence was elected unopposed to replace Greg Combet as Secretary of the ACTU.

 

He will join ACTU President Sharan Burrow in a new partnership to head Australia’s peak union body, representing more than 1.9 million union members and their families.

 

Mr Lawrence comes to the ACTU after 17 years as National Secretary of the LHMU — one of Australia's largest unions representing more than 130,000 workers in hospitality, property services, health, manufacturing and community services.

 

ACTU Secretary Jeff Lawrence said today:

 

“I am absolutely committed to standing up for working Australians.

 

“I want to do everything I can to make sure that all Australians have proper rights in their workplace and that employees are treated with the dignity and respect they deserve.

 

“I am determined to stand up for the rights of working Australians that have been taken away by the Howard Government.

 

“I want to see people protected from unfair dismissal.

 

“I want to see workers’ take home pay protected against cuts to penalty rates, overtime pay, shift allowances, redundancy pay, rest breaks and other award conditions under the Government’s unfair WorkChoices IR laws.

 

“The way we can achieve this is by making sure the Liberal and National Parties and their IR laws are thrown out at the next election,” said Mr Lawrence.

 

ACTU President Sharan Burrow today welcomed Mr Lawrence’s appointment:

 

“I look forward to working with Jeff Lawrence to lead the ‘rights at work’ campaign against the Howard Government’s unfair WorkChoices IR laws,” said Ms Burrow.

 

Greg Combet - Final Comments to ACTU Executive. Click here to read »


 

Sales workers to get commission-only pay under Howard Govt decision to scrap minimum wages — workers in WA, SA, Tas & Vic affected most

 

A decision by the Federal Government’s pay setting body late yesterday (Thurs 16 Aug.) to scrap guaranteed minimum wages for property salespeople and allow commission-only payments is a dangerous precedent that could spell the beginning of the end for minimum award wages in Australia says the ACTU.

This is a major change especially for property sales workers in Western Australia, South Australia, Victoria and Tasmania given that previous State laws protected these workers from receiving commission payments that were less than the legal minimum wage in these jurisdictions.

The ACTU is concerned that this latest decision by the Fair Pay Commission is another step on the path of Australia becoming like the United States where workers could be forced to survive on sales commissions and tips alone & are not protected by decent minimum wages.

The pay of thousands of other Australian workers including workers in cafes and restaurants, clothing workers, meat workers, fruit pickers and other agricultural workers could be threatened if this Govt decision flows on to other industries.

Commenting on this alarming new decision by the Australian Fair Pay Commission, ACTU President Sharan Burrow said today:

“This decision shows there is no doubt that if the Coalition wins the next election it will go further in cutting workers’ entitlements and scrapping award wages.

“It is a major issue of principle. Workers’ should be guaranteed a minimum wage and should not have to rely just on sales commissions, tips from customers, or piece rates for the products they make.

“How can families cover their rent or home loan and afford to pay the bills if they are not guaranteed a minimum wage?

“Commission and piece rate-only payments put all the risks of the business onto employees.

“There are many variables outside the control of an individual sales person or worker that would seriously affect his or her capacity to earn a decent income if there is no guaranteed minimum wage.

“For example, the collapse of the sub-prime housing loan market in the US shows the property market is very volatile and it is unwise for the Pay Commission to allow commission-only payments to be based on a five-year sales history for agents. This is far too long given the volatility in this industry.

“This decision could mean the pay for some property salespeople falling below the current minimum award wage of just $13.74 an hour across Australia ($14.65 in NSW),” said Ms Burrow.

 

Australian Fair Pay Commission decision 6/2007:
”The Commission has decided to provide commission-only remuneration arrangements for real estate employees undertaking sales transactions involving an agency relationship based on a formula of 35 per cent of the employer’s net commission.” (p.19, 16 August 2007)


 

17 August 2007        

 

'Fairness test' farce is not protecting young workers from unfair IR laws says ACTU

 

The Federal Government's 'fairness test' has degenerated into a farce and is clearly not protecting young workers the ACTU said today.

 

"The Howard Government should immediately stop wasting taxpayers' money and halt its misleading advertising campaign promoting the WorkChoices IR laws," said ACTU President Sharan Burrow.

 

"The Government has admitted that it is using untrained, inexperienced temporary workers to administer what is an extremely complex 'fairness test' (see attached Policy Guide extract).

 

"Given the large number of workers who have been underpaid or ripped off under the WorkChoices IR laws, with fresh examples reported almost every day, no one can have any confidence in either the 'fairness test' or Workplace Authority's advertisements.

 

"The use of temporary workers by the Workplace Authority strongly suggests that the Howard Government will ditch the so-called Fairness Test as soon as it is re-elected and WorkChoices will get even worse for young working Australians.

 

"It is shocking to see so many cases of young and vulnerable Australians being ripped off under the WorkChoices IR laws.

 

"Cases affecting young workers that have been revealed recently include:

 

·          An actor starring in the Government's ads who also ran a painting business in Melbourne and ripped off young workers Erin Gebert and Phillip Graham thousands of dollars.

 

·          Twenty year old Brooke O'Mara who worked for a diving tour company in Cairns and was paid less than $3 an hour.

 

·          Nineteen year old Jessica Shepherd being pressured by major defence force contractor Serco Sodexho Defence Services to sign an AWA individual contract or lose her job.

 

·          An eighteen year old building worker who was paid only $10.40 per hour as a sub contractor and was supposedly responsible for his own tax, superannuation, personal and business insurance and personal and business expenses.

 

·          Women workers employed by Molly Morgan Motor Inn in Maitland NSW who were underpaid.

 

·          A young Queensland apprentice who was underpaid by Gabrielli Constructions Pty Ltd.

 

·          Several young workers being ripped off by the Chillis restaurant outlets in NSW.

 

·          Vulnerable young trolley collectors in SA ripped off more than $250,000.

 

·          Allegations that Eagle Boys Pizza and Subway franchises in Darwin underpaid young employees.

 

"The Government's WorkChoices ads with the tagline 'Know where you stand' are simply not believable," said Ms Burrow.


 

Big business admits direct link between pro-Liberal ad campaign and $40m taxpayer-funded program

A confidential memo from the president of Victorian Chamber of Commerce and Industry (VECCI) has revealed a direct link between the funding of the big business pro-Liberal IR advertising campaign and the Howard Government payments to business groups under its $40 million Employer Advisor Program (EAP) which gave money to the business groups to ‘promote’ Workchoices.

VECCI President Mr Richard Holyman states in the memo:

 

“... so much effort was put into supporting the workchoices package, we have to defend it now. As everyone is aware, we have had in excess of $600k in [Federal Government] grants to help implement workchoices.”

 

Some major business groups including the Australian Industry Group refused to fund the big business pro-workchoices advertising campaign because it was politically inappropriate.

The memo makes abundantly clear that big business are trying to heavy small business into this campaign and holding the taxpayer funded EAP as a clear reason why business should participate in this partisan political ad campaign.

The Howard Government’s EAP has so far committed over $40 million of government money for handouts for business groups to promote ‘workchoices’.

The government and business groups have serious questions to answer on this issue:

 

·         Can the government guarantee that no money from its $40 million EAP has gone to fund these ads?

·         Has the $40million EAP been used by the Minister for Employment and Workplace Relations and/or the Prime Minister to put pressure on business to run this pro-Workchoices ad campaign? 

ACTU Secretary Greg Combet, said:

“This memo from the leader of the Victorian employer peak body clearly shows that business feels obliged to run TV ads supporting the Howard Government's unfair IR laws because of the funding that business in turn has received from the government to promote the laws.

“Both the federal government and the coalition of business groups running the pro-IR TV ads need to come clean on any relationship between the government funding of business and the TV ads, otherwise the impression will remain that these business ads have been funded by the backdoor by the government.

“Around $40 million has been committed by the Howard Government to its ‘Employer Assistance Program’ and it appears that around $10 million has been committed by the business community to its TV advertising campaign.

“Not surprisingly the evidence is that many in the business community, including important peak bodies like the Australian industry Group, are uncomfortable at this blatant political advertising. The report in today's The Age newspaper demonstrates that the Victorian Employer Chamber of Commerce and Industry has been split over the issue”, said Mr Combet.


 

Australian unions call for release of kidnapped and detained Iranian union leader

 

Australian unions are joining an international day of action today to draw attention to the repressive conditions facing trade union members in Iran and are calling on the Iranian Government to release the kidnapped Iranian union leader Mr Mansour Osanloo.


Unionists will deliver letters of protest to the Iranian Ambassador in Canberra today concerning the kidnapping on 10 July and detention of Mr Mansour Osanloo, President of the Tehran and Suburbs Bus Drivers Union (Vahed) and the ongoing detention of other trade unionists & human rights activists in Iran.


ACTU President, Sharan Burrow met Mr Osanloo at an international trade union meeting in Brussels on June 21 this year, just two weeks before he was kidnapped and detained.


“Mr Osanloo spoke with great passion and conviction about the desire of Iranian workers to have the right to join trade unions and to organize collectively. He clearly knew the risks to his own life for taking this stance but was determined to do so,” said Ms Burrow.


Despite fears for his safety, Mr Osanloo returned to Iran after the Brussels union meeting, and less than 2 weeks later, on July 10 he was kidnapped by what appears to be Iranian security forces. He was abducted from a bus at about 7pm, as he was returning home and severely beaten by unidentified assailants. Only on 12 July was his family informed that Mr. Osanloo was being held in Evin prison.


Unions have written to the Iranian President, Mahmoud Ahmadinejad to complain about the treatment of unionists and to call for the release of Mr Osanloo.


“Given the history of harassment against Mr. Osanloo by Iranian authorities, the ACTU strongly suspects that his trade union activities are the reason behind his arrest — if so, this is a clear breach of international human rights,” said Ms Burrow.


Unions ACT Secretary Kim Sattler said, “We are very concerned about Mr Osanloo’s welfare and believe that he has been attacked due to his trade union involvement. We call for Mr Osanloo’s immediate release from detention and for the Iranian Government to end the use of violence against workers involved in trade union activities.”



8 August 2007

 

Howard Govt adds $70,000 interest to typical home loan for working families

 

Today's interest rate rise will put families under even more financial pressure and shows the Howard Govt is failing to manage the economy in the interests of ordinary working Australians says the ACTU.

 

ACTU President Sharan Burrow said:

"Today's interest rate rise means an extra $70,000 in interest repayments has been added to a typical 25 year family home loan since the last election in 2004 when the Prime Minister promised to keep interest rates at record lows.

 

Since the last election, working families have seen interest rates go up five times and have had their job security and conditions like penalty rates and overtime put at risk by the Howard Government’s IR laws.

 

This all adds up to more pressure on working families, many of whom are now struggling to keep their heads above water,” said Ms Burrow.

 

Pro-WorkChoices advertising shows big business self-interest

 

The pro-WorkChoices ads being launched today by big business are just an exercise in naked self-interest, says the ACTU.

 

“Profits are at record levels, executive salaries are through the roof and it is not surprising that big business wants to hold on to what they have got from John Howard’s unfair IR laws.

 

The problem for the Prime Minister is that he has listened too much to big business and has lost touch with the needs of ordinary working families.

 

“The WorkChoices IR laws have taken away people’s job security, undermined their take home pay and have made young workers vulnerable to exploitation.

 

“Ordinary working families know this and will see though these big business ads.

 

“These ads are about nothing more than an attempt by a group of Liberal Party supporters in the big business community to help out the Howard Government by promoting its unpopular and unfair IR laws,” said Ms Burrow.


7 August 2007

 

New WorkChoices advertising scandal shows Howard Govt can't hide truth about IR laws

 

A new scandal to hit the Howard Government's IR ads today shows that it cannot hide the truth about its unfair IR laws - the fact is the laws leave young workers vulnerable to being exploited, says the ACTU.

 

The scandal has forced Workplace Relations Minister Joe Hockey to urgently take Government pro-WorkChoices ads off air with revelations that an actor starring in the ads also ran a painting business in Melbourne and allegedly ripped off junior workers thousands of dollars.

 

The Government's extraordinary action follows an investigation by a major newspaper into the actor who hypocritically appears in the $37 million taxpayer-funded IR ads as a 'concerned father' that says: "I'm being told employers can rip off young kids."

 

ACTU President Sharan Burrow commented on the scandal today:

 

"Changing names, or taking ads off air cannot hide the fact that the Howard Government's WorkChoices IR laws leave young and vulnerable workers exposed to exploitation.

 

"Only days ago it was revealed that the Howard Govt's workplace watchdog had approved it was legal for a 20 year old young woman working for a diving tour company in Cairns to be paid less than $3 an hour.

 

"Today we find that the Howard Government has wasted $37 million of taxpayers' money on IR advertisements that star an actor who himself is alleged to have ripped off young workers.

 

"The report states that the actor/painter owes one young man up to $2,000 and threatened him with violence when he came to his home seeking payment of his wages.

 

"The ACTU understands that the young worker had given up trying to recover the wages he was owed but was appalled when he saw his former boss featuring in the saturation Govt IR ad campaign.

 

"His parents were also galled to see the man who had ripped off their son star in the taxpayer-funded pro-WorkChoices advertisements.

 

"The Government has lost all credibility on this issue.

 

"This is the problem that the Howard Government cannot hide -- people know that WorkChoices has left many workers worse off and that young people have been badly affected by these unfair IR laws," said Ms Burrow.


3 August 2007

 

Howard Government workplace watchdog approves $3 an hour wage for young worker: fundamental flaw in IR laws exposed

 

The Howard Government's workplace watchdog has approved it was legal for a young woman to be paid less than $3 an hour for working eleven hour days for a Cairns-based diving and tour company.

 

The case of 21 year old dive worker Brooke O'Mara that is reported in a national newspaper today has exposed another fundamental flaw in the Howard Government's WorkChoices IR laws say unions.

 

Unions estimate that the young worker who was paid just $30 a day, often for ten or eleven hours work, is still owed backpay of up to $5,600.

 

However the Workplace Ombudsman - formerly the Office of Workplace Services -- has rejected Brooke's bid for backpay from when she started on 1 October last year, ruling that unqualified junior dive workers are not entitled to receive the minimum wage:

 

... your entitlement to the FMW [Federal Minimum Wage] was only assessed from your 21st birthday in December 2006 to termination [10 January 2007].  Prior to that date, no arrears of wages could be claimed because of the non-application of the FMW to juniors.  We couldn't claim wages for you under the Recreational Dive Industry Award as advice from my Brisbane office is that Award will only apply to Dive Masters and Dive Instructors who hold appropriate certification.  (July 2007, Office of Workplace Services)

 

ACTU President Sharan Burrow said:

 

"This is another major blow to the credibility of the Howard Government and its new workplace watchdog.

 

"It shows that the IR laws cannot be fixed by advertising or by a new bureaucracy.

 

"The laws are fundamentally flawed and leave young and vulnerable workers exposed to exploitation.

 

"It shows that the Government's new advertisements are a sham. The ads say that employers can't rip off young people, when Brooke's case clearly shows that they can.

 

"The fact is that Brooke's situation is not unique and the Howard Government has so far failed to prevent other young workers being abused in this way. 

 

"Despite an adverse finding of underpayment against the company, Down Under Dive is still advertising its unregistered so-called "Traineeships" for $30 a day on the company website," said Ms Burrow.


2 August 2007        

 

Business groups must now return taxpayers' money they used to promote 'WorkChoices'

 

Business groups that are planning a new pro-'WorkChoices' advertising campaign due to start in the next few weeks should first return the millions of dollars of taxpayers' money they received from the Howard Government to pave the way for the introduction of the new IR laws says the ACTU.

 

The Business Council of Australia (BCA) which represents Australia's biggest businesses as well as the ACCI, and other big business lobby groups are reported to be contributing up to $10.5 million for a new pro WorkChoices ad campaign to be run in the lead up to the federal election. The VECCI is reported today to have added another $750,000 to the business ad campaign kitty.

 

ACTU President Sharan Burrow said:

 

"It is an outrage for business groups to be spending large amounts of money on a pro-Liberal Party advertising campaign when these are the same groups that received almost $4 million from taxpayers to promote John Howard's 'WorkChoices' laws when they were first introduced.

 

"Having received so much taxpayers' money to promote the introduction of IR laws, it is wrong that they are now funding a pro-Liberal Party, pro-WorkChoices ad campaign in the lead up to the federal election.

 

"The Howard Govt's 'WorkChoices Employer Assistance Program' (EAP) handed out over $40 million of taxpayers' money to business groups including $600,000 to the Australian Mines & Metals Association and over $3.4 million to the state branches of the ACCI to 'educate' employers in using the new IR laws. (see below)

 

"The fact is that many employers used their knowledge of the new IR laws to rip off workers by removing penalty rates, overtime pay and other entitlements in the first year that WorkChoices was introduced.

 

"John Howard has been pressuring business groups to run an ad campaign in support of WorkChoices for a number of months and the fact that business groups are willing to put their hands in their pockets shows that they are just a mouthpiece for the Government.

 

"This big business advertising campaign is about nothing more than self-interest and ensuring that big employer groups hold onto their new-found power under the Howard Government's unfair IR laws" said Ms Burrow.


1 August 2007        

 

Fed Govt's 'no AWA, no job' IR laws used to sack worker after 24 years service

 

Despite saturation advertising by the Federal Government claiming that workers cannot be sacked for refusing to sign an AWA individual contract, another case revealed today shows an employer has used the IR laws to sack a service station worker after 24 years service.

 

The ACTU today called for an investigation of the employment practices of Melbourne-based petrol station chain 'United Petroleum' and its general manager David Szymczak following reports the company sacked service station worker Brian Jeffrey after 24 years service for not signing an AWA individual contract.

 

Mr Szymczak is reported today as denying any workers were offered AWAs or that employees at the former Mobil service station in Darwin's Bagot Rd were sacked 'en masse'. But Mr Szymczak's comments are contradicted by Mr Jeffrey's Centrelink employment separation certificate which states the reason for his sacking was:  'SALE OF BUSINESS. EMPLOYEE WAS CASUAL AND CHOSE NOT TO TAKE ON NEW OWNERS AWA' [copy available on request].

 

Mr Jeffrey had worked at the service station since it opened 24 years ago. He had been employed as a casual, earning $17.19 an hour for 32.5 hours a week. Mr Jeffrey received no redundancy payment.

 

United Petroleum's general manager David Szymczak is reported as stating "Unfortunately the [petrol station] agent did not need all the workers and the casual employee missed out".

 

However this comment by Mr Szymczak is also contradicted by the agent, Mr Chris Kodai, who states he had to bring in workers from interstate to help run the service station, "I was forced to bring two workers up from Melbourne just to run the business." (NT News, 1/8/07)

 

ACTU President Sharan Burrow said:

 

"This is the ugly face of Australian business - an employee gives 24 years service and then is apparently sacked for not signing an AWA individual contract. This is immoral and could also be illegal.

 

Unfortunately it is not the first time that United Petroleum has been unethical in its dealing with employees from service stations it has taken over," said Ms Burrow.

 

Last year United Petroleum cut its casual employees' pay by up to $190 a week and axed leave loadings by exploiting a loophole in the Federal Government's WorkChoices law when it took over a chain of former Mobil service stations in Tasmania.

 

At the time, Mr Szymczak said the company's Tasmanian petrol distributor had acted ``to the letter of the Workchoices legislation'' (The Mercury, 6/10/06). He also stated "There's been no exploitation and we take great offence at that [claim]" (Australian Financial Review, 5/10/06). Mr Szymcz