Sacking case AWAs bite the dust

Date: 19 April 2005

Dozens of controversial non-union agreements have been cancelled at a Victorian mushroom farm after court action by the Australian Workers' Union (AWU) revealed that workers were forced to sign the individual contracts or get the sack.

In an embarrassing setback for the Federal Government's preferred form of individual contracts, The AWU understands that all the Australian Workplace Agreements (AWAs) introduced at Merbein Mushrooms' farm near Mildura have been overturned by the government's own employment watchdog. The Office of the Employment Advocate (OEA) rejected the AWAs in a refusal notice to Merbein's owners dated March 22, but management did not inform workers until last Wednesday (April 13) - three weeks later.

The OEA's decision followed Federal Court action by the AWU that resulted in the reinstatement on March 15 of four mothers who were sacked from the farm when they refused to sign the AWAs, fearing pay cuts of up to 25%. The OEA's refusal notice said it rejected the AWAs because workers did not genuinely consent to the individual contracts when they replaced collective Award conditions on the farm in mid-February.

AWU National Secretary Bill Shorten welcomed the OEA's decision to reject the AWAs and condemned Merbein Mushrooms for taking so long to inform workers of the ruling. "The workers will be entitled to back pay for any shortfall in income compared to their former Award wages during their two months' work on the illegal AWAs," Mr Shorten said.

"We are concerned that the Federal Government's forthcoming changes to industrial relations laws will allow AWAs like these to cut workers' pay and conditions by being forced on people without their proper consent. Prime Minister John Howard should publicly rule out any changes that would allow the compulsory introduction of AWAs that undercut Award pay and conditions," Mr Shorten said.

"The AWU intends to take legal action against Merbein Mushrooms for its three-week delay in telling staff that the AWAs they worked under for two months were in fact unlawful. We are now seeking negotiations for a new collective bargaining agreement that both improves conditions for all the workers and recognises the business' needs for a competitive, long term future in the mushroom industry," Mr Shorten said.

The farm's workforce of around 40 have been returned to their previous Award conditions, which provide hourly pay rates instead of the piece rates paid under the rejected AWAs. Workers who refused to sign the AWAs estimated the individual contracts could cut their pay by up to $125 a week.

For further information

Contact:	Jeremy Vermeesch
Union:	The Australian Workers' Union
Phone:	03 8327 0888
Contact Mobile:	0431 942 977
Fax:	03 8327 0899
Email:	jeremy.vermeesch@awu.net.au
WWW:	http://www.awu.net.au

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