Decision allows real rights for casual workers
The National Union of Workers, New South Wales Branch (NUW NSW) has welcomed the Fair Work Australia (FWA) decision that the union had been right to demand a casual clause be included in a proposed agreement that would strengthen the job security of the existing workforce.
The Full Bench of Fair Work Australia handed down their judgment unanimously on 18 March 2011.
The union’s clause requested the employer to provide casual workers, including workers placed through labour hire agencies the same wages and conditions as directly employed workers. The clause also required the employer to consult with the union about the use of agency labour, imposed a limitation of a maximum 15% of the workforce to be made up of casual workers and required employers to offer direct permanent employment for casual employees (including those engaged through an agency) after six months.
The employer, Kagan Logistics Pty Ltd together with the Australian Industry Group and the labour hire agency Skill Group Limited failed in their challenge to the clause. They argued that the clause would not pertain to the relationship between employees and their employer. The Full Bench held that the regulation of agency labour pertains to the employment relationship and are permitted matters for an enterprise agreement.
NUW NSW State Secretary Derrick Belan said the decision had set a new standard to ensure job security and wage equality for the tens of thousands of casual workers and their families across Australia.
“Job security is a matter that clearly pertains to the relationship of an employer and our union’s members. There is no point in having hard fought for conditions in an enterprise agreement, if an employer can simply engage an agency to undercut these conditions. The Kagan decision makes it clear that the Fair Work Act recognises this job security. The NUW New South Wales Branch will continue to fight for equal remuneration and conditions for all employees doing the same work.” Mr. Belan said.
Derrick Belan said the union’s belief that casual workers are not second-class citizens in the workplace has been vindicated by the FWA Full Bench determination.
“We are obviously aware that this decision will change the landscape of the modern workplace and change it for the better. It is a step in the right direction for wage equity and job security for a large section of the Australian community.
“We hope that our determination in pushing ahead on this issue will encourage the union movement as a whole to insist on fairness for all workers, whether they be directly employed or casually employed”, Derrick Belan said.
For further comment contact Mark Ptolemy on 0414 993873
FWA ref: Kagan Logistics Pty Ltd v National Union of Workers, New South Wales Branch (C2010/4161)
