BACK PAY COMMITMENT AT TOLL TOMAGO
Toll Tomago had two underpayment disputes at the site, one relating to annual leave loading rates, and another for Sunday overtime rates being paid incorrectly. The calculated underpayment for the yard is at $180,000.00.
Though the process is still being finalised, Toll recognizes that the calculated underpayment is correct, and have committed to back pay the employees that were affected. This is a fantastic win for our members!
The TWU filed an s 332 dispute in relation to work conditions, rates of pay, and so on. Aramex disputed that the TWU has the jurisdiction to take them to the Industrial Relations Commission, believing that they themselves were not a principal contractor.
After running a jurisdictional argument in the Industrial Relations Commission, it was found that Aramex is in fact the principal contractor, meaning that we have been able to proceed with the original dispute about the rates of pay, conditions, and so on, of contract carriers. The TWU is committed to continuing the fight.
Though we have had numerous protected industrial actions at Cleanaway this year, the process was not straightforward. The TWU is suing Cleanaway Operations Pty Ltd in the Federal Court of Australia.
The TWU filed two protected action ballot order applications (PABO) with the Fair Work Commission. These PABO applications were for Cleanaway Hillsdale and Cleanaway Erskine Park respectively. The Fair Work Commission made an order for the PABO, which included directions that stated when information needed to be provided to the ballot agent.
As it so happens, Cleanaway did not provide the information as per the directions, which meant that one of the two applications to have the vote was ultimately pushed back. As a result, members and the TWU had to wait for the new year until they knew whether they could take industrial action.
Cleanaway breached an order of the Commission, and the TWU is fighting to keep them accountable.