Court protects workers’ right to join union

The Federal Court has fined a Melbourne company for sacking a worker who wanted to join the AMWU.

The case shows there are strong laws to stop workers being discriminated against or victimised for joining, or proposing to join a union.

The Federal Court fined Braeside printing company Datasend Australia $25,000 under the Workplace Relations Act by breaching freedom of association laws and underpaying workers.

Datasend is part-owned by former Carlton Football Club champions Stephen Kernahan and Craig Bradley.

The Court also fined Datasend Australia production manager Graham Berry $6000 for three breaches of the Workplace Relations Act, and its director Phillip Gray was fined $4000 for two breaches of the Workplace Relations Act.

Both managers conceded they had sacked a full-time warehouse supervisor after he complained about his underpaid annual leave entitlements and expressed interest in joining the Australian Manufacturing Workers’ Union.

Justice North found the company had contravened section 792(1)(a) of the Workplace Relations Act 1996 by dismissing Hawker because he was a member, or wanted to become a member of the AMWU.

Berry also admitted to firing a casual worker, who collated brochures, because she complained that her minimum hourly rate was too low.

The former employees have since been compensated.

AMWU National Secretary, Dave Oliver, said the case showed that the Federal Government’s Fair Work system had put in place significant protection for workers, with serious consequences for employers who broke the laws.

If you or someone you know is victimised, or threatened, for joining or wanting to join a union contact the AMWU HelpDesk on 1300 732 698 or your union organiser straight away.

 



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