YOUNG
WORKER EXPLOITATION THE SHAPE OF THINGS TO COME ?
11
August 2005
The case of a
young worker who won an Industrial Case against unfair pay and
contract conditions could be a thing of the past under the federal
governments attack on Industrial Relations.
SA Unions warns
that young vulnerable workers will have even less opportunities to
stand up against exploitation if the Howard Government rips the guts
out of existing protections.
It follows a
landmark case in the Industrial Court, where a 15 year old girl,
Deanna Renella was found to have been significantly underpaid, and
employed on a dodgy contract.
Her employer,
Bakers Delight at Dernancourt, failed to register Ms Renella’s AWA
(Australian Workplace Agreement) with the Office of the Employment
Advocate, as required by law.
The Industrial
Court further found that the employer had breached the “no worse
off” rule, which requires that workers on AWA’s receive entitlements
at least equal to the state award.
The court found
Ms Renella, who’s just turned 18, was about 25% worse off under the
AWA than if she had been on the state award. She was also required
to work public holidays for the same flat rate. Her $8.35 an hour
was deemed to include annual leave and leave loading, and sick
leave.
The employer
appealed the decision but lost.
SA Unions
Secretary Janet Giles first learned of Ms Renella’s case when she
sought the assistance of the Young Workers Legal Service. She
described Deanna as a gutsy girl who, by standing up for her rights,
has set a strong example for other young workers.
“However it will
be even harder for young people to demand a fair deal under the
government’s planned changes” she says.
“In a scathing
judgement, Industrial Relations Court Judge McCusker reflected on
the “manifest disadvantage of the respective bargaining position of
a 15 year-old Year 10 student negotiating her terms with an
experienced businessman.” The sad reality is that too many young
people are pressured into signing what are clearly unfair AWA’s or
else not getting a job.”
“The Howard
government’s plan to deliver even more power to employers will only
make this type of exploitation worse” Ms Giles says.