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In the wake of the announcement of changes to the employment services system, it appears that a number of providers who have lost contracts are trying to avoid their liability to make redundancy payments by forcing displaced staff to sign resignations so they can take up new jobs with other providers.
This disgraceful, unethical and unlawful conduct is designed to squeeze loyal employees out of their rightful entitlements and should be condemned in the strongest terms.
The ASU is already dealing with a number of these cases and we are lodging proceedings with the Australian Industrial Relations Commission under our Award and reporting these providers (many of whom still have contracts) to the Department.
We are also investigating "spill & fill" processes by other providers who are telling staff that "the service is restructuring and if you do not reapply for jobs you will not be entitled to redundancy pay". If your job is gone how in law can redundancy pay be dependent on reapplying? The answer is it can't! This is a game of bluff designed to wear down staff and avoid entitlements. This cannot and should not be tolerated. If this is happening to you contact the ASU immediately.
A number of providers are also ignoring both their statutory and Award obligations to consult the ASU about redundancy in the hope that their conduct will go unnoticed. It will not!
We urge members to come forward immediately about these issues. If we sit back and take this sort of abuse it will only continue in the industry.
More shameful conduct
The ASU has also become aware that some of the new providers who have won contracts are making arbitrary policies about who they will hire, saying only 50% of staff should have had experience in the Job Network while the rest should have no experience.
This "policy" seems to be about driving wages down as offers of employment have been less than industry averages. These employers seem to think that the dire job market gives them an opportunity to pocket more profits. Rest assured we are drawing these practices to the Government's attention.
The Minister has publically said that it is his aim to ensure that displaced experienced staff continue in the industry - we will be holding him to this promise.
Why are we waiting?
The ASU had some useful dialogue with the Minister's office following our nationwide meetings and resolutions about the new contract system.
We tabled our resolution that was passed unanimously at all meetings which covered off our concerns about the process, the need to ensure redundancy moves are protected, the need for a tripartite group to review the process and finally our request that the Federal Government direct the new service providers to employ former Job Network staff as a first preference.
Unfortunately we still do not have a written response to our concerns.
However, we do have a recent public statement indicating that the Minister has asked NESA to form a group of interested parties including the ASU to assist in planning for the mid term review process of the new contracts.
We think this is a good development as it will make sure that the voice of the workers in the sector is heard.
This will give us a great opportunity to ensure that the way in which workers in the sector have been treated is part of the evaluation process. We do not believe that poor employers who try to dud staff of their entitlements or who do not pay them what they are worth despite receiving the funding to do so should be able to extend their contracts and we will be saying so.
Senate announces review
The Senate has announced that it will hold an inquiry into the recent Job Services Australia tendering process.
Submissions are due to the Senate by 28th May 2009. The Senate Committee is due to report on 25th June 2009.
The ASU has been invited to put a submission to the Inquiry and we are endeavouring to do so. We also urge our members who are in the sector to do so too.
You can make anonymous submissions if you do not wish to be named and fear repercussions, or you can send us your comments and matters you think we should raise by email ASAP to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
For more information check out the Senate Submission website: http://www.aph.gov.au/Senate/committee/eet_ctte/employment_services/index.htm.
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