ATTACHMENT 2
3 February 2015
Mr J S
S Pty Ltd
TARNEITVIC 3029 Postal Telecommunications
Branch of Victoria Division of the CEPU
PO Box 10 5 2
North Melbourne
Dear Mr S
Re: Failure to pay Award wages Superannuation to employee
Victoria 3051
Ph : (03) 9600 9100
Fax: (03) 9600 9133
Web Site : www .cwuvic.asn.au
Email:
I am writing to you regarding the failure of your company to comply with the relevant Award that applies to your employee at Torquay Delivery Centre- the Road Transport Distribution Award 2010- and your failure to comply with the terms of the Fair Work Act 2009.
I understand that she is paid $20 per hour and is not in receipt of Superannuation .
The Fair Work Act requires that employees are provided with a contract of employment, an attendance book that records her hours of work and a pay-slip. Under the Award you have an obligation to pay $22.89 per hour to your employee which includes a 25% loading as you do not provide Annual Leave, Sick Leave, Public Holiday pay or Long Service Leave. Under the Superannuation Guarantee Act you have an obligation to pay 9.5% Superannuation into a Super Fund of her choice.
I invite you in good faith to enter into discussions about your workers' entitlements to Award wages
Superannuation under the Road Transport Distribution Award 2010.
I am formally placing this matter in dispute under Clause 10 of this Award, and invite you to meet to discuss this matter . I will be escalating this matter to the Fair Work Commission if I do not hear from you by close of business on 10 February, 2015.
Yours faithfully
Joan Doyle Secretary
Communication Workers Union
Postal Telecommunications Branch Victoria (0419 345 134)
28 January 2014
Terry O'Leary Country Manager Australia Post GPO Box 2020
MELBOURNE VIC 3001
Dear Mr O'Leary
Postal Telecommunications Branch of Victoria
Division of the CEPU
PO Box 1052
North Melbourne Victoria 3051
Ph: (03) 9600 9100
Fax: (03) 9600 9133
Web Site: www.cwuvic.asn.au
Email:
Re: Underpayments to T..... McD...... - Echuca
Since August 2013, the union has been trying to rectify the remuneration ofT..... McD...... who is an employee of H...... 0...... P...... P/L a company which contracts to Australia Post. Mr McD...... is employed to deliver a contract round, and to back-fill on a corporate round at Echuca Delivery Centre.
I enclose an earlier letter sent to Ashley Morrow of the Contracts Centre about Mr McD's situation. Mr McD commenced his employment in July 2010, and at this stage he was employed by RJP Building Services P/L, a company for which A ..... J...... was the sole Director. During his employment with this company he was underpaid and did not receive Superannuation benefits. RJP Building Services was put into liquidation on 7/ 12/ 12, but Mr McD was never informed of this until the union began agitating about his remuneration .The contract worked on by Mr McD was eventually re-assigned to another company owned by the same Director, A ...... J...... ,"H.... O....P...... P/L" even though RJP Building Services had gone into liquidation owing $185,000.
H...... on Parcels P/L now pay the award rate for Mr McD's contract round - $22.22 per hour, but he is yet to be paid Superannuation which is mandated by the Superannuation Guarantee. He continues to be underpaid wages and Superannuation while he is providing labour to back-fill the corporate injured worker at Echuca DC.
Clause 7.8.1(a) of the Australia Post Enterprise Agreement 2013 states that: ''Australia Post wi'll ensure that the overall pay and conditions of remuneration paid to agency personnel will not be less than the overall pay and conditions of remuneration
provided to comparable Australia Post employees by the Agreement and relevant Australia Post awards.”
It is this matter that I am formally placing in dispute under Clause 42 of the Australia Post
Enterprise Agreement 2013.
Please contact me if you wish to discuss this matter further.
Yours faithfully
Joan Doyle Secretary
Communication Workers Union
Postal Telecommunications Branch Victoria
(Mobile: 0419 345 134)
Cc Dan Dwyer Martin O'Nea - Communications Division CEPU A J - H 0 P P/L Director
N R -...... Accountants
9 August 2013
Ashley Morrow Contracts Manager Australia Post
GPO Box 1777
MELBOURNE VIC 3001
Dear Mr Morrow
Re: Head Contractors their employees I 'sub-contractors' conditions- Echuca
Postal Telecommunications Branch of Victoria
Division of the CEPU
PO B o x 1052
North Melbourne V icto r ia 3051
Ph: {03) 9600 9100
Fax: (03) 9600 9133
Web Site: www.cwuv ic.asn.au
Email:
I refer to our meeting on 13 December 2012, at which Australia Post asked for further information as to
non-compliance by contractors of their obligations to employees .
I enclose a letter to Ms AJ relation to one of our members. The letter is self explanatory. It outlines the employment of T McD for a period in excess of 3 years during which he has been underpaid, and has been deprived of Superannuation benefits. RJP Building Services was put into liquidation on 7/12/12. Mr McD was never informed of this, and continued working and just recently has been told he will be paid by a different company - Hooked on Parcels P/L.
I would like to know why this contract has been assigned to the same Director of a company that has gone into liquidation owing $185,000. I would like to know when the contract was assigned and who in Australia Post approved this . I have included the company searches for your convenience.
This is the third company that I know of in this region of Victoria that has gone into liquidation owing their postal employees' wages and Superannuation .
I have raised Mr McD's future and this issue with Paul Rodda, the Victorian Country Manager, and I look forward to Mr McD having a working future that includes being paid the award wage and the Superannuation Guarantee mandated by law.
Yours faithfully
Joan Doyle
Secretary
Communication Workers Union
Postal and Telecommunications Branch Victoria
0419 345134
CONTRACTORS
New information from work place visit to Belgrave Delivery Centre 6 October 2014.
A.... E .... P/L
Steve worked for them a year ago- $150 a day regardless of work-load and hours worked but quit and now works for another contractor.
Ricky. He is on Menzies' Creek I Selby round 2240 (Old round 7)
(on 457 spouse visa)
He is also paid $150 a day regardless of the hours worked . He says sometimes it equates to $15 an hour. He doesn't get paid super. While I was talking to him in the lunch-room, his supervisor (R....., I think- he is G...... S ...... 's right-hand man) rang to tell him off for talking to me.
I also interviewed Howard Angela at whose house Ricky is boarding. (Howard and Angela work at Aussie Post too. His wife came out on a 457 visa to work at a restaurant owned by Ricky's brother in Springvale but Ricky had a fight with his brother so now he boards with Howard Angela while his wife stays at the brother's place.
They told me he gets $5 a day for petrol for the postie bike provided for him.
Ricky was worried about who would pay for him if he got hurt. {It is dangerous motor-bike riding territory) At first his boss said Ricky would have to pay and then they said they would pay half the costs when he pressed the issue .
A .....E..... P/L
Director- G..... S......
Their contracts with Aussie Post are:
Roadside Delivery (country) 2 in Terang, Sale, Somerton, Nhill, Toora, Heyfield, Moriac, Apollo Bay, Meredith, Bacchus Marsh,
Parcels- Wallan
Depot Bags- Belgrave, Ferntree Gully, Laverton, Research, Greensborough, Hoppers Crossing, Footscray West
Street Mail Delivery- Selby I Menzies Creek Ramsey
(Note earlier advertisement for overseas students promising work if study in Australia)
23 July 2015
Philip Jones
Partner
Maddocks Lawyers 140 Williams Street
MELBOURNE 3000
Dear Mr Jones
Re: Morning Star Trends Pty Ltd trading as Zion Group and Sahil Verma
I refer to your letter of 13 July 2015. We act for Mr Verma in connection with this matter. Mr Verma is an employee at common law and the pay and conditions that apply to him are
those under the Road Transport Distribution Award 2010. He is not a sub-contractor. When
all the circumstances are examined in relation to his employment it can be seen that there is not a case for the claim that he is a sub-contractor.
There is no sub-contract agreement and this is a specific requirement of Australia Post if the head contractor wishes to sub-contract out his work. Mr Verma provided only his labour. Mr Perera provided all necessary equipment- the vehicle, insurances, scanner and other tools of trade.
Mr Perera directed the way in which Mr Verma performed his work. It was not possible for Mr Verma to get other people to sub-contract or employ others to do his work, partly because they would require security passes or clearances from Australia Post which are provided at the discretion of Australia Post and even then only on Mr Perera's request . Mr Perera is responsible to Australia Post in the event that his employees do not achieve the required performance standards.
Mr Verma applied for employment of 4 X hours per day as he is a student with work
restrictions.
The facts of the matter is that Mr Perera was short-staffed and insisted on Mr Verma delivering two postie rounds which is a physical impossibility. When Mr Verma told Mr Perera that he could not deliver all the mail in the same day, Mr Perera instructed Mr Verma to store the mail. Please find enclosed an email exchange that verifies this claim. Mr Verma
became concerned about the delayed mail and after seeking advice from another head contractor informed the Narre Warren Delivery Centre Manager . I personally have confirmed that this was the case with the Delivery Manager.
We do not accept that $1,525 is payment in full. Mr Verma was not paid minimum award rates of pay. He was not paid Superannuation. The Invoice shown was initially generated by Mr Perera. An employee does not have to pay monies owed by a head contractor to Australia Post. Mr Perera needs to pay Mr Verma all outstanding wages ($2,171) and Superannuation ($382.75) without further delay.
Yours faithfully
Joan Doyle Secretary
Communication Workers Union
Postal Telecommunications Branch Victoria
P.O. Box 14
BRUNSWICK WEST 3055
(0419 345 134)
CASE-STUDIES
WORKING AS A CONTRACTOR
OR AN EMPLOYEE OF A CONTRACTOR FOR AUSTRALIA POST
Australia Post has contracted out a range of jobs. Some - the Road Side Delivery Contractors have been operating for decades, the Parcel Contractors for about 12 years and the Urban Fringe Posties for about a decade. Below are some examples of the pay conditions for the workers in these precarious jobs.
POSTIE CONTRACTORS
Australia Post has contracted out dozens of delivery rounds on the urban fringe. These posties
work out of Australia Post Delivery Centres such as Hoppers Crossing, Epping, Bundoora, Pakenham, Mornington, Rosebud, Hastings, Belgrave, Cranbourne, Warragul, Healesville, Melton, Sunbury. In some places, this involves the 'contractors' performing primary sorting as well as sequencing and delivery.
There is a mixture of arrangements involved. Sometimes there is one contractor per contract, it
is quite common to have a head contractor who employs a few 'posties' and there is at least
one head contractor who employ 20 or more posties.
CASE-STUDY 1. ' A'
1. A is employed by S- the head-contractor who works at Epping DC himself.
2. A is a postie delivering South Morang mail by motor-bike. He also does the primary sorting for the whole of South Morang. He is on Round 2199.
3. He is paid $17 an hour cash in hand.
4. It would seem he is not covered for worker's compensation.
5. He has been working for approximately 8 months, having started on or about 19
December 2011.
6. He works 9 hours per day. He starts at 2am.
7. He is a permanent casual; he does not get paid annual leave, personal leave or public holidays and is not accruing Long Service Leave.
8. He is not paid Superannuation.
9. He is married with a child and his wife does not work outside their home.
10. A is working on an International Drivers License.
11. The National Employment Standards (NES) as set out in the Fair Work Act 2009 (FWA) include the Provision of a Fair Work Information Statement which employers must provide to all new employees. This was not provided to A.
12. He does not have an attendance book to sign.
13. The employer does not provide pay-slips. Under the Fair Work Act employers must issue
pay-slips to each employee within 1working day of their pay day.
14. A has an ABN .
15. A is permanent Australian resident.
16. When he asked for a rain-coat, S gave him the coat of another 'subbie' who works for Bobby Singh, and that 'subbie' thought that A had stolen it, so there was ill-feeling until they worked out what had occurred.
CASE-STUDY NO: 1
UNDERPAYMENTS- UNDER ROAD TRANSPORT AND DISTRIBUTION WORKERS AWARD
In eight short months, 'A' has been paid $12,871 less than the Minimum Wage and foregone $2,888 in Superannuation payments under this award. He has been paid $14,147 less than if he had been employed directly by Australia Post. He would also have received $2,786 in Superannuation under Australia Post's
current superannuation provision.
CALCULATIONS
19 December 2011 to 30 June 2012
The Award rate under the Road Transport and Distribution Workers Award 2010 at this
time is $21.05. There are 130 working days during this period. A is paid $17 an hour. He is working 9 hours per day . He does not keep a record of his ad hoc over-time so this claim cannot be made at this time.
He has been underpaid : He is being paid $4.05 per hour less than the award rate for his first 7.6 hours. There is a 38 hour week. His last 1.04 hours must be paid at 150% as they should be paid at over-time rates.