UPDATE – CLASS ACTION FOR SHAM CONTRACTING

Sham contracting class action case

The CWU Victorian and NSW (T&S) Branches welcome the instigation of legal action against Telstra Contractor Tandem (formerly ISGM), in the Federal Court.

Wages and entitlements for 4000 + telecommunication workers who have been arguably underpaid, seek to be compensated, which could amount to millions of dollars.

Does Tandem’s model of work encompass employees or independent contractors?

Working exclusively for a company, wearing a uniform, no flexibility with work allocation, no control over location, hours of work, or wages; sounds like an employee.

Setting up an ABN, buying a work vehicle, tools of the trade, superannuation, insurance, workcover, work wear; working flexible hours; sounds like an independent contractor.

Over the past few years, the Victorian branches have run a number of unfair dismissal cases where ISGM/Tandem have settled, rather than determine the question of employee v sub-contractor.

The class action filed in the Federal Court by SHINE Lawyers is expected to be one of the biggest in Australia. It is an OPT-OUT arrangement. If you or anyone you know have worked for ISGM/Tandem you should register your details and receive future updates at:

Shine.com.au

Telstra EBA Update

Telstra’s latest offer of 1.5% per annum wage increase has not shifted since they proposed it to all employees over 3 months ago via a vote. This  was resoundingly rejected then and is now. Telstra argue a one off bonus for workstream employees and the performance pay bonus boosts the offer. Job family employees are still only  guaranteed increases from a 1.5% pay pool. This is considered to be a pay cut and doesn’t compare with the increased cost of living.

Telstra’s recent announcement of reducing the field staff by 20% is saving them millions, and a profit of $3.6billion says it all. Telstra should pay their staff accordingly and value their work.

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