Old Contract, New Contract

NEW CONTRACTS; OLD CONTRACTS

Before Christmas a number of things occurred relating to this issue.

Subby members refused to sign the new contract in the first instance.

They believed the contract on offer was unfair and unacceptable and the current contract still had 12 months or so to run.

The company was notified by many subbies that they wished to discuss the new contract with ISGM and they appointed a representative to meet with ISGM on the issue.

The company (ISGM) will be in breach of its current contracts if it refuses to meet to discuss the contract and the problems identified by the subbies.

Many subbies have taken steps to have their worker’s compensation premium payments re-funded, because it has become clear that WorkCover (at least in Victoria) will not pay any workers’ compensation claims for injuries because they state the subbies are employees and not sub-contractors, and that ISGM should be responsible for the purposes of workers’ compensation coverage, i.e. subbies are their employees.

On the same basis many subbies are moving to have ISGM comply with its responsibilities to apply the legally required superannuation guarantee. We are dealing with the Australian Taxation Office (ATO).

Therefore, nothing has changed of any significance since 2015 and the ‘new’ contracts on offer remain unfair and unacceptable.

Subbies still have a current contract with ISGM which has some time to run yet, and if ISGM wants to end that contract and have subbies sign a new contract then they are required to meet with subbies and their representative to try to reach an agreement on the new contract.

This is a legally enforceable fact of life.

The CWU has also written to the ACCC, as have many subbies, about ISGM’s unconscionable clauses in the new contract.

2016 will be a big year for subbies as of November 2016 with new legislation ISGM/Telstra will not be bale to have such unfair terms in a contract ever again.

It’s more important than ever to assert your rights.  DON’T SIGN!!