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AMCOR sought to strip workers' pay

A company who claimed long-term casuals at its Scoresby site were fixed-term contactors and should not be paid a 25 per cent casual loading, has been forced to pay up after the AMWU appealed to Fair Work Australia.
Amcor Fibre Packaging came up with the bizarre claim to strip the workers’ pay in June 2009. The AMWU argued it was clear there are only three types of employment allowed in the Union Collective Agreement negotiated with Amcor in 2007: full time, part-time and casual. But Amcor argued the cost of overtime is unsustainable and unreasonable so the shift loading should not apply to long-term casuals. “Amcor asked the commission to alter the agreement to state that the members were fixed term-workers not long-term casuals. The AMWU argued that this interpretation was against the intent of the agreement and the way it has been read.” The tribunal ruled in favor of the AMWU, stating that Amcor’s reading of the agreement was “not correct.” Ms Cassin said the dispute should have been resolved before reaching the Industrial Commission. “Amcor management have been taking the position that they want to use Fair Work Australia as an independent arbitrator above communicating with delegates or State officials on site, as has been the custom for many years.” Due to this decision the AMWU Print Division will now be seeking an underpayment claim from an Amcor site in Western Australia who have not been paying the 25 per cent casual loading. Ms Cassin described the ruling as a great outcome for AMWU members and those employed in the print industry. “Amcor rocked up with two law firms with senior counsel while we used Maurice Blackburn and our Print Division industrial officers, Margaret Hogan and Katrina Ford, and the AMWU won. It was a great win for our members.” Contact Person: Jemina Wilson |