Victorian Trades Hall Council. The voice of Victorian workers since 1856.Victorian Trades Hall Council. The voice of Victorian workers since 1856.

ASU Media Release

23 December 2008

Report finds Toll Dnata airport staff ‘significantly disadvantaged' by job contracts

An investigation by the Victorian Workplace Rights Advocate has found that the AWAs and ITEAs offered to Toll Dnata staff at Melbourne’s airport ‘significantly and unfairly disadvantaged’ the employees, when compared to the Award.

The investigation also found that the company engaged in unfair industrial relations practices in offering and entering into the company AWAs and ITEAs.

The advocate has referred a copy of the findings and potential breaches of the Workplace Relations Act to the Workplace Authority and Workplace Ombudsman.

The report into Toll Dnata Airport Services was the final to be prepared by the Victorian Workplace Rights Advocate, as the Brumby Government has decided to axe the office. The Government announced in late November that the office which will cease operating from December 31.

ASU branch secretary Ingrid Stitt said while she welcomed the report, which confirmed the union’s concerns at Toll Dnata, it was disconcerting that it was the Advocate’s last report.

“The government’s decision to axe the office is a great loss to Victorian workers, particularly private sector employees such as those working at Toll Dnata,” Ms Stitt said.

“The Advocate has been able to provide an independent voice on illegal, unfair and inappropriate workplace practices which is particularly important given this State does not have any industrial relations laws of its own.

“This report will provide the staff, who have been in dispute with their employer for most of this year, a much needed morale boost before Christmas.”

In the report, the Advocate found that the company AWAs and the company ITEAs significantly disadvantaged the relevant employees, when compared to the terms and conditions of employment prescribed in the Award.

Extract

32. “In my view, both the company AWAs and the company ITEAs have the effect of removing or reducing a number of the terms and conditions contained in the Award, without adequate compensation…”

The Advocate found that the “all-in” salary offered in the AWA did not adequately compensate staff for the loss of the Award conditions.

The Advocate also identified concerns about entitlements such as meal breaks, leave and dispute resolution procedures.

Ms Stitt said staff at Toll Dnata were still fighting for a collective agreement with their employer. She said staff were now being paid in accordance with the Award, following the Workplace Authority’s determination that the contracts failed the No Disadvantage Test in September.

“This report has confirmed our thoughts that the flat-rate of pay being offered by the company was not enough compensation for the loss of shift and over-time rates and other entitlements,” she said.

The ASU referred the Toll Dnata dispute to the office of the Workplace Rights Advocate earlier this year, alleging that:

(a) employees of the company have suffered, or will suffer, a loss of, or reduction in, their terms and conditions of employment under the company’s current or proposed individual workplace agreements

(b) the company has possibly breached the Workplace Relations Act 1996

(c) the company has refused to enter into discussions with the nominated representative of at least some of the employees of the company regarding the individual workplace agreements.

Toll Dnata is a joint venture of the Emirates Group and Toll Holdings.

Media contact: Angela Bell 9320 6700

 




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