SYDNEY WASTE WORKER UNFAIRLY SACKED FOR REFUSING TO BREAK LAW: FWA RULING
Fair Work Australia (FWA) ruled on 1 June that a Sydney waste worker was
unfairly dismissed for refusing to break the law and breach driving
hours legislation: officially confirming claims made by the Transport
Workers’ Union of NSW in 2010 on behalf of the sacked worker.
“No Australian worker should be sacked, and deprived of a wage to feed their family, because they refuse to break the law and endanger themselves and everybody else on the road,” TWU Senior Official Michael Aird said.
“That is what URM was asking this man to do. To drive a garbage vehicle illegally on public streets, exceeding his driving hours as set down by NSW law. These laws were made to save lives in an industry where there are over 300 road deaths involving heavy vehicles in Australia each year.”
URM is a lowest cost contractor known for cutting corners on safety. URM were exposed in 2010 for reported environmental, safety and industrial breaches involving their Warringah and City of Sydney contract.
Yesterday FWA (Commissioner Cambridge) found that, “The evidence has firmly established that the reason for the instruction to the applicant not to work on 21 December and beyond was a punishment in retaliation for the applicant raising issue about working hours in excess of the fatigue management regulations.”
Furthermore, that this was “on any objective assessment, a totally unacceptable and unlawful instruction that had been given [by URM management]..”
Further to this, regarding the nature of the dismissal, FWA found that it was, “harsh, unreasonable and unjust” and that “the action of the employer that provided catalyst for the dismissal was unlawful and, or, of unconscionable motivation.
Since City of Sydney and Warringah Council appointed lowest-cost contractor URM as their waste contractor, there have been reports of:
• Oil spills (two incidents in Killarney Heights alone)
• Trashing of recycling
• Industrial action by workers fed up with pay, conditions and URM’s refusal to negotiate a union agreement
• Missed and late services
• Garbage trucks left unmanned while running in residential streets due to low manning levels
• Unfair dismissal of employees, in this instance for refusing to break the law when URM demanded it
• Good faith bargaining orders issued on URM by Fair Work Australia in November 2010 after URM refused to negotiate with the TWU
“If we put in place a rating system for ethical employers for companies contracting to NSW councils, URM would get a zero,” Mr Aird said.
“Even under WorkChoices URM’s practices would be illegal. For a council to contract URM while they continue to operate under their current practices is endorsing their illegal conduct: including mistreatment of workers, trashing of the environment and unsafe residential streets.
“In light of Fair Work Australia’s ruling I urge Warringah and City of Sydney Council to use all means necessary to make URM commence negotiations with the TWU for a fair enterprise agreement for their workers.”
“That is what URM was asking this man to do. To drive a garbage vehicle illegally on public streets, exceeding his driving hours as set down by NSW law. These laws were made to save lives in an industry where there are over 300 road deaths involving heavy vehicles in Australia each year.”
URM is a lowest cost contractor known for cutting corners on safety. URM were exposed in 2010 for reported environmental, safety and industrial breaches involving their Warringah and City of Sydney contract.
Yesterday FWA (Commissioner Cambridge) found that, “The evidence has firmly established that the reason for the instruction to the applicant not to work on 21 December and beyond was a punishment in retaliation for the applicant raising issue about working hours in excess of the fatigue management regulations.”
Furthermore, that this was “on any objective assessment, a totally unacceptable and unlawful instruction that had been given [by URM management]..”
Further to this, regarding the nature of the dismissal, FWA found that it was, “harsh, unreasonable and unjust” and that “the action of the employer that provided catalyst for the dismissal was unlawful and, or, of unconscionable motivation.
Since City of Sydney and Warringah Council appointed lowest-cost contractor URM as their waste contractor, there have been reports of:
• Oil spills (two incidents in Killarney Heights alone)
• Trashing of recycling
• Industrial action by workers fed up with pay, conditions and URM’s refusal to negotiate a union agreement
• Missed and late services
• Garbage trucks left unmanned while running in residential streets due to low manning levels
• Unfair dismissal of employees, in this instance for refusing to break the law when URM demanded it
• Good faith bargaining orders issued on URM by Fair Work Australia in November 2010 after URM refused to negotiate with the TWU
“If we put in place a rating system for ethical employers for companies contracting to NSW councils, URM would get a zero,” Mr Aird said.
“Even under WorkChoices URM’s practices would be illegal. For a council to contract URM while they continue to operate under their current practices is endorsing their illegal conduct: including mistreatment of workers, trashing of the environment and unsafe residential streets.
“In light of Fair Work Australia’s ruling I urge Warringah and City of Sydney Council to use all means necessary to make URM commence negotiations with the TWU for a fair enterprise agreement for their workers.”