December 20, 2022

Legal Update: Great member wins in 2022

In 2022 the TWU NSW Legal and Member Services Teams worked to protect members every day whether they faced unfair dismissal, wage theft, enterprise agreement negotiations or threats to job security and pay. 

GLOBAL EXPRESS CAUGHT OUT IN SURVEILLANCE BREACH

At Global Express, a delivery driver suspended from his job facing accusations about his work efficiency based on his delivery data. 

The TWU caught Global Express out not following the agreement they have in place at Bungarribee. It effectively says that with any surveillance data, if the company wants to rely on it they have to consult with the member and the Union before doing so. This they failed to do. 

The TWU Legal Team made a dispute notification and took Global Express to the Fair Work Commission on behalf of our member. The result, Global Express ended up reinstating the member back to his job. 

TWU SECURES GENERAL CARRIERS RATE INCREASES 

The legal team saw in amendments to the General Carriers Contract Determination (GCCD) making a case for significant increases in the rates for vehicles three tonne and above. 

New rates under the GCCD commenced on 3rd October. The TWU also secured a fuel levy for drivers under the General Carriers rates, we review that monthly. 

If you are looking to find your rate increase, call our Members’ Service Centre on 18000 729 909

WINNING FOR OWNER DRIVERS IN THE FIGHT FOR 40

The TWU had a very important win in the NSW Industrial Relations Commission who ruled that a minimum wage rate must be set for Owner Drivers who run on the “last mile”, under the General Carriers Contract Determination. 

We led an industry-wide consultation which has seen a significant increase to minimum rates of pay that had not changed for 15 years. 

The win sets up a minimum floor on which conditions can be improved, and the negative impact of the Amazon Effect will be removed. NSW also became the first jurisdiction in the world to mandate enforceable rates for Amazon drivers. 

TAKING IT TO THE COMMISSION: PROTECTING AWARD RATES AT TOLL

The TWU appeared in the Fair Work Commission (FWC) as Toll Transport attempted to justify a process that would undermine industry conditions for thousands of workers and undermine the provisions in the Road Transport and Distribution Award. 

Toll applied to the FWC to vary the Road Transport and Distribution Award and make changes to penalty rates for shift workers in transport on non-continuous afternoon or night shifts. 

Toll are asking for those changes to be backdated to 2010. 

Toll initially committed to fix a problem of underpayment promising to back pay underpaid workers at their site in Tomago but with underpayments running into the millions at one site, the company has instead headed to the Commission to change the Award. 

In the last 12 Months TWU Legal:
Ran 62 Unfair Dismissals
Registered 88 Enterprise Agreements
Ran 18 Protected Action Ballots
Fought 70 Disputes with companies
Pursued over 50 Underpayments recovering millions of dollars for members

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