In a significant win for the Australian Manufacturing Workers Union (AMWU), the Full Bench of the Fair Work Commission has decisively rejected an appeal by Programmed Facility Management Pty Ltd, the labour-hire company engaged by Melbourne Water for facility maintenance.
The pivotal decision, which was handed down on 23 February 2024, upholds the earlier ruling on 28 September 2023, affirming that labour-hire workers are entitled to superannuation benefits while on long service leave, sourced from the portable LSL fund, LeavePlus (formerly CoInvest).
Programmed Facility Management Pty Ltd, seeking a different outcome, lost their appeal, strenuously advocating for reduced pay and conditions for their labour-hire workers.
Importantly, the Full Bench's decision reinforces that union members at Programmed are entitled to superannuation contributions during any leave for which they are remunerated. This verdict underscores the challenges posed by labour-hire arrangements and the necessity of establishing stable wages and conditions for members in the industry.
The outcome emphasises the pressing need for the Government's "same job, same pay" initiatives and the indispensable role of unions in safeguarding hard-fought entitlements, such as superannuation, for workers.