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1  Queensland / QLD Security Contractors N to Z / Re: VIP Security Services Pty Ltd
 on: Yesterday at 10:27 
Started by Administrator | Post by Administrator  
https://www.fairwork.gov.au/about-us/news-and-media-releases/2017-media-releases...
Quote:
A Gold Coast security company owner is facing the Federal Circuit Court after allegedly threatening to send staff “straight to the dole queue” if they spoke to Fair Work Ombudsman inspectors.

The Fair Work Ombudsman has commenced legal action against Adam Marcinkowski and his company VIP Security Services Pty Ltd for allegedly taking unlawful adverse action against three employees and underpaying staff almost $16,000.

VIP Security was contracted to provide security services at a range of Gold Coast City Council sites, including three libraries, for two years until April this year.

Fair Work Ombudsman inspectors visited some of these sites last year to check security staff were being paid their minimum lawful entitlements as part of a proactive campaign aimed at ensuring local government procurement of security services was compliant with federal workplace laws.

The Fair Work Ombudsman alleges that after the visits, Mr Marcinkowski directed a supervisor to tell all security guards employed by VIP Security that if they spoke to Fair Work inspectors, their employment would be terminated.

During a telephone conversation, Mr Marcinkowski allegedly said: “Can you just do me a favour, get around all the sites and if I hear that anyone of our guards has spoken to them (Fair Work), they can just f…… go straight to the dole queue”.

Mr Marcinkowski allegedly also told the supervisor: “If they talk to those f……, if I find out who, that somebody’s talked to them, right, they’re getting the sack”.

It is alleged that Mr Marcinkowski and VIP Security followed through on the threat, yelling at and later dismissing one full-time employee because he sought advice about his workplace rights from the Fair Work Ombudsman following a reduction in his hours. 

It is alleged that in the weeks following the visits by inspectors, Mr Marcinkowski also dismissed two other guards, including one for refusing to sign a back-dated agreement (which would have retroactively removed his leave entitlements), and another after he failed to return to work immediately after spending several days in an intensive care unit with pneumonia.

The dismissal of the three workers allegedly contravened the section of the Fair Work Act that makes it unlawful to take adverse action against an employee for exercising a workplace right, such as taking personal leave or requesting assistance from the Fair Work Ombudsman.

The conduct related to the worker who had been in hospital also contravened the section of the Fair Work Act that makes it unlawful to dismiss an employee who was temporarily absent from work because of a prescribed illness or injury. 




2  General Category / General Board / PAY RISE FOR MSS SECURITY WORKERS IN S.A.
 on: 22. Jun 2018 at 15:39 
Started by Warlord | Post by Bear  
Hi All
Massive pay rise for MSS SECURITY OFFICERS working in South Australia's public sector ( Adelaide's Queen Elizabeth Hospital). 17% that's SEVENTEEN Percent increase in their pay. Well done to United Voice and their members for this fantastic result. Hopefully this will have some sort of flow on effect in other states. Join a Union and fight for your wages and conditions. That's the only way things will change. Or are you happy with the piss ant $10 a week tax cut for you???? And a $10,000 pay rise for a Politician. What a joke...…...

3  General Category / General Board / Re: Wilson Security in a spot of bother in WA.
 on: 20. Jun 2018 at 21:00 
Started by Warlord | Post by Major Function  
MSS NSW pay OT on a Sunday for people working a 4 x 4 roster. OT is paid on 2 Sundays mid cycle of the roster instead of at the end of the roster. Wilsons do a similar thing and I had heard that Wilsons were take to the Fair Work Commission over it.

4  General Category / General Board / Re: Wilson Security in a spot of bother in WA.
 on: 20. Jun 2018 at 10:21 
Started by Warlord | Post by Warlord  
Major Function wrote on 05. Jun 2018 at 17:58:
Has anyone heard how Wilson's are going fighting the OT issue of when is it applied to a roster.


No idea sorry.

I do know that MSS Security did away with that silly 'Voluntary Overtime (VOT)' matter though. I never understood how the Union agreed with that over successive agreements.
It is now simply OT if it is anything above your normal rostered fortnightly hours, as it should be.

You once had to do your normal hours, then anything extra was VOT, only once you exceeded the VOT hours (around 20 hours from memory) only then would you get the OT rate.

It was ridiculous. So you could do a 76 hour fortnight, then do additional hours only for it not to be classed at OT but VOT.  Angry

Then when you finally did become eligible for OT rates they wouldn't let you work any extras and would magically be able to cover the shifts by other means.


5  New South Wales / NSW Security Contractors A to M / Re: AUSTRALIA WIDE SECURITY & PROTECTION PTY LTD
 on: 17. Jun 2018 at 19:35 
Started by Administrator | Post by scarikerri  
Leisa Provost is at it again down here in Melbourne.

I have had to lodge a small claim & I have a court date of 26-6-18..
She took all this money out of my pay
Kerri Angry

6  General Category / General Board / An Example of Sham Contracting in Food Industry
 on: 12. Jun 2018 at 16:54 
Started by Administrator | Post by Administrator  
Here is an example of Sham Contracting which happens frequently in the Security Industry.

http://www.abc.net.au/news/2018-06-12/foodora-online-delivery-company-faces-lega...

Quote:
Australia's Fair Work Ombudsman has launched legal action against online food delivery giant Foodora, accusing the company of sham contracting and underpayment.
Key points:

    Foodora accused of not paying minimum wage and penalties to three staff
    Workers did not have enough control over conditions to be contractors, ombudsman says
    Company faces a $54,000 fine for every contravention of the Fair Work Act

In documents filed in the Federal Court, the ombudsman alleged the delivery service treated three of its delivery drivers as independent contractors when they were in fact employees of the company.

As a result the workers — two from Melbourne and one from Sydney — were underpaid the minimum wage rate, casual loading, penalty rates and public holiday rates.

Foodora is also accused of failing to pay superannuation.

The ombudsman estimated the alleged underpayment cost the three workers a combined total of $1,620.

The ABC contacted Foodora for comment.

The ombudsman argued the workers were employees due to the level of control, supervision and direction that Foodora had over the their hours and location of work, and the requirement that they wear a uniform.

It alleged the workers were not conducting their own delivery businesses because they did not advertise their work to the public and did not have a customer base or business premises.

"The activity of delivering food from restaurants and fast food outlets to customers is not new, and nor is the 'test' for what determines who is and is not an employee entitled to award rates," ombudsman Natalie James said.

"Courts have found again and again that merely labelling the relationship to be one of independent contracting does not make it so, and it is the substance of the relationship that decides the status of the workers and the regulatory requirements that flow."

7  General Category / General Board / Re: Wilson Security in a spot of bother in WA.
 on: 05. Jun 2018 at 17:58 
Started by Warlord | Post by Major Function  
Has anyone heard how Wilson's are going fighting the OT issue of when is it applied to a roster.

8  General Category / General Board / Re: Wilson Security in a spot of bother in WA.
 on: 01. Jun 2018 at 08:39 
Started by Warlord | Post by Warlord  
News article on the same matter.

https://www.news.com.au/finance/work/at-work/proof-security-guards-dont-do-what-...

Anyone been around long enough to remember the original MSS Security patrols being slapped down in the 90's for a similar patrols matter?

Second part of the article goes on to some other problems arising for Wilson Security in Victoria.

9  General Category / General Board / Wilson Security in a spot of bother in WA.
 on: 30. May 2018 at 16:03 
Started by Warlord | Post by Warlord  

10  General Category / General Board / Re: MCG cleaners underpaid
 on: 30. May 2018 at 16:01 
Started by Administrator | Post by Warlord  
Thought the same thing myself when I read it.