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Summer 2003

Tas Meatworkers WIN over rogue Employer

Tasmanian meatworkers have won an historic victory over a rogue employer who tried to use new Federal Government laws to shift full time employees to “independent contractors” or casual trainees, whose services could be terminated at any time.

After a protracted 6- month industrial campaign the Tasmanian Industrial Commission ordered the reinstatement of all employees to their original employment arrangements and that the company pay the employees the amount of wages back to when the company triggered the dispute.

The decision sets some important precedents for other Tasmanian workers, including HACSU members.

The dispute arose when the company tried through elaborate legal processes to move employees across to a new entity, a so-called training company called Newemploy, which would then hire back the services of the workers to Blue Ribbon Products as independent contractors or trainees.

The company argued that both a legally signed agreement between the two companies and "operational requirements" required that this arrangement be carried out.

However, the Commission found that "...the arrangements were agreed between Newemploy and Blue Ribbon Products as a contrivance to avoid award obligations and industrial consequences."

HACSU State Secretary, Chris Brown, said the decision was important because if the company had been allowed to get away with it, the arrangement would have opened up a new contracting out horizon that could have been used for services right across Tasmania.

"If the company was successful it would have meant any employer could have just transferred full time employees to independent or casual contractor status."

"No full time or part time job would have been safe."

"HACSU strongly supported the meatworkers campaign, supported their picket lines and provided a donation of $500, because their cause was a fair one and their fight was our fight."

"I congratulate these workers for their principled stance. A 6-month battle is a very long campaign and they and their families did very well to stick it out and eventually secure victory for job security and a fair go."