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Shame fileStrip statistics droppedStatistics on the conditions Australian Workplace Agreements stripped from workers are no longer being gathered.The Sydney Morning Herald reported on November 3 that Employment Advocate Peter McIlwain had decided to stop the research because he had concerns about the methodology used. The most recent statistics were expected in a Senate Estimates Hearing on November 2. The Herald reported that under questioning Mr Mcllwain denied he had been pressured by the Government, but admitted he had discussed his decision with the office of the Workplace Relations Minister Kevin Andrews.
Builders loses right to choose lawyersThe Federal Court has ruled the Australian Building and Construction Commission (ABCC) can block building workers it is forcing to give evidence over strikes and other union activity from being represented by lawyers of their choice, The Australian reported on October 13.The Australian wrote that Western Australian building worker Michael Bonan challenged the powers of the ABCC to reject his choice of lawyer while it conducted a secret hearing into alleged industrial action; the ABCC having refused to allow Mr Bonan's chosen lawyer to appear on the basis that the lawyer was representing other workers in relation to the same matter.
38 workers underpaidAn Office of Workplace Services investigation and analysis has established that 38 employees on subclass 457 Visas were being underpaid while working for Hunan Industrial Equipment Ltd.Hunan Industrial Equipment Installation Company Ltd is a Chinese owned subcontractor installing factory equipment for Sydney company, ABC Tissues. The Office of Workplace Services reports it has recovered $650,972 in wages on behalf of the employees, for the six months between March and October 2006. The investigation is continuing and further complaints arising out of the matter may be laid before the courts.
Visa monitoring 'falling'The number of s457 temporary migration scheme visas the Federal Government has been issuing has sky-rocketed while its monitoring and compliance efforts have been falling, ACTU President Sharan Burrow said."The Department of Immigration and Multicultural Affairs admitted in its annual report released last week that less than two thirds of employers sponsoring migrants on the visas were monitored last year, down from almost 100 per cent in the previous two years. "The Government has also admitted that site checks were conducted on only 18 per cent of employers hiring migrants on the visas -- short of the Department's own target of 25 per cent. "The drop in compliance checks came as the number of workers who were issued s457 visas grew by more than 40 per cent in 2005-06, to 40,000 and the number of employer sponsors grew by 20 per cent to nearly 10,000," said Ms Burrow. "The Federal Government's overseas worker program is creating a group of second-class workers in Australia. "It is a program that is out of control and should be immediately halted," said Ms Burrow.
Litigation for printshopFour employees who worked for Hawthorn, Victoria printshop Aprint (Aust) Pty Ltd were underpaid between $785.20 to $31,706.96 gross.The Office of Workplace Services (OWS) reports it has recovered $93,667.66 in total for the workers. The OWS sought to litigate Aprint for the underpayment of wages of four Chinese workers, on temporary long stay business visas. OWS has initiated proceedings in the Federal Magistrates Court against Aprint for alleged underpayment of wages for ordinary hours, underpayment for overtime worked and underpayment of weekend overtime, unauthorised deductions from the workers' pay, annual and personal leave under the Australian Fair Pay and Condition Standard. OWS director Mr Nicholas Wilson said despite the company's voluntary rectification of the underpayments of wages the OWS was intending to pursue litigation and penalties for breaches of the Workplace Relations Act 1996 (the Act). "The OWS is seeking penalties for five breaches of the Act, amounting to a possible $165,000 in fines for the company and $33,000 for the company director," Mr Wilson said. Investigations are continuing and further complaints arising out of the matter may be laid before the courts.
Extension given for WA's 107 workersThe 107 Perth to Mandurah railway construction workers facing fines of up to $28,600 each have been given an extension until December 15 to file their defences in the Federal Court.The workers have been charged with allegedly breaching the Workplace Relations Act and taking "unlawful industrial action" and were initially given until November 1 to file their defences. CFMEU Western Australia Industrial Officer Timothy Kucera said there would be a directions hearing before the Federal Court on December 1 so the court could hear whether or not a further extension of time to file defences beyond December 15 would be needed.
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