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Business Risks International Pty Limited(BRI Security) (Read 2791 times)
Reply #8 - 10. Jun 2017 at 12:02

Major Function   Offline
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I work for a, foreign owned, national security company and they have found a mistake in the award where they can pay the 4x4 6 week roster employees their OT on the Sundays.
The majority of employees it concerns are not union members so I am not trying to challenge it. The same non union members want a EBA, which I am against.
 
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Reply #7 - 09. Jun 2017 at 09:33

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Mr Andrew Hertel-Smith (“the Applicant”) you are my hero. Where are the other Andrew Hertel-Smith's  of this world.
 

Ah! Working in Security where finding the real thief could be your employer. Now is the time to check your super account.
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Reply #6 - 08. Jun 2017 at 22:09

dreadman   Offline
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Security Service Industry
Award 2010, I cant even.

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Business Risk Internation collective agreement has been terminated.

Quote:
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 16 Sch. 3—Termination of transitional instrument

Andrew Hertel-Smith
(AG2016/1018)

BUSINESS RISKS INTERNATIONAL (VICTORIA) PTY LTD VICTORIA EMPLOYEE COLLECTIVE AGREEMENT 2007

Security services

COMMISSIONER GREGORY
     

MELBOURNE, 22 MAY 2017

Application for termination of the Business Risks International (Victoria) Pty Limited Employee Collective Agreement 2007.
Introduction

[1] Mr Andrew Hertel-Smith (“the Applicant”) has made application under Item 16 of Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (“the Transitional Act”) to terminate the Business Risks International (Victoria) Pty Limited Employee Collective Agreement 2007 (“the Agreement”). Mr Hertel-Smith indicates in the application that he is an employee of Business Risks International (Victoria) Pty Ltd. The application also indicates that the Agreement is a collective agreement-based transitional instrument that has passed its nominal expiry date.

[2] Clause 2 of the Agreement indicates that the “parties bound and covered by this Agreement” 1 are Business Risks International (Victoria) Pty Ltd and “all Employees of BRI provided for in the Employment Classification Structure of this Agreement.”2

[3] The application was initially opposed by the employer, Business Risks International (Victoria) Pty Ltd, and the application was accordingly set down for hearing dealt on 12 July 2016 in order to determine the matter. Mr Y. Bakri of Counsel appeared on behalf of the Applicant. Mr L. Crossman appeared on behalf of Business Risks International. Both were granted permission to appear under s.596(2)(a) as the matter involves a degree of complexity and their involvement might enable it to be dealt with more efficiently. However, the parties subsequently advised during the course of that hearing that they sought an adjournment of the matter to enable further discussions between the parties to take place.

[4] The Commission subsequently received correspondence from the Applicant and the Employer, together with further advice from United Voice, who also have an interest in the matter, advising that the application was no longer in opposed by the Employer.
Consideration

[5] As indicated, Mr Andrew Hertel-Smith has made application under the Transitional Act to terminate the Agreement. The Transitional Act provides in Item 16 of Schedule 3 that Subdivision D of Division 7 of Part 2 – 4 of the Fair Work Act 2009, which deals with termination of enterprise agreements after their nominal expiry date, also applies in relation to termination of a collective agreement-based transitional instrument that has passed its nominal expiry date.


https://www.fwc.gov.au/documents/decisionssigned/html/2017fwca2717.htm
 

"The opposite for courage is not cowardice, it is conformity. Even a dead fish can go with the flow." - Jim Hightower
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Reply #5 - 24. Mar 2017 at 12:43

dreadman   Offline
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Security Service Industry
Award 2010, I cant even.

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Finally, the government has made a sound decision and ended their contract with BRI for the NGV. BRI breached the contract when it subcontracted its work to other security companies.
Quote:
National Gallery of Victoria security contract torn up after wage scandal

he Victorian Government has torn up its contract with the company responsible for security at the National Gallery of Victoria over allegations that it underpaid guards.

Earlier this month the ABC revealed that security company Business Risks International had subcontracted work to another company which paid its guards cash-in-hand at below the award rate.

An independent inquiry into the allegations found that BRI had breached its contract by using the other firm without approval.

One guard told the ABC that he and many of his colleagues were illegally paid cash-in-hand by subcontractor Java Security, while other guards worked on the weekends for a flat hourly rate well below the award wage.

At a protest outside the gallery on Wednesday the security union, United Voice, claimed that NGV guards had been underpaid a total of $3 million.

The Minister for Creative Industries, Martin Foley, said the State Government would not tolerate the underpayment of workers and had terminated BRI's contract after receiving the investigation's findings.

"We will make sure that the security staff are paid the appropriate arrangements and that a new security contractor is brought in who will stick to the rules," Mr Foley said.

"Any kind of underpayment that rips off low-paid working people and takes away from them their penalty rates is wrong, it's wrong in law, it should not be supported."

The Government said that BRI had also failed to provide information regarding the pay and conditions of guards who were working at the gallery for the subcontractor.

BRI Security holds contracts to guard many well-known institutions including the Art Gallery of Western Australia, Australian Council of the Arts, Public Record Office of Victoria, La Trobe University and the University of Western Sydney.


Source: http://mobile.abc.net.au/news/2017-03-24/national-gallery-of-victoria-security-c...

 

"The opposite for courage is not cowardice, it is conformity. Even a dead fish can go with the flow." - Jim Hightower
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Reply #4 - 22. Mar 2017 at 15:19

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Dob in a Dodgy Operator
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And now this plague has spread to the La Trobe university.

http://mobile.abc.net.au/news/2017-03-22/security-guard-cash-in-hand-scandal-wid...

Quote:
The scandal over underpaid guards at the prestigious National Gallery of Victoria (NGV) is growing, with claims the same thing is happening elsewhere including La Trobe University.
Key points:

    La Trobe university guards allege subcontractors are being paid in cash
    The university is investigating and has promised "strong action" if wrong doing is uncovered
    The Victorian Government is considering terminating its contract with BRI

The company at the centre of the controversy is security contractor BRI. ABC News revealed claims of underpayment and illegal cash-in-hand payments of guards at the NGV, prompting an investigation from authorities.

Now, guards who work for BRI at Melbourne's La Trobe University say subcontractors are being paid — illegally — as little as $12 an hour, cash-in-hand.

The allegations were made at a rally outside the NGV, where a small group of security guards and unionists protested against what they claim is $3 million in unpaid wages.

Four guards, who did not want to be named, all work for BRI at La Trobe University.

"A lot of sub-contractors coming in, from what we hear they are getting cash in hand in the car parks $12, $13. That's what we hear," one of the guards told the ABC.

"Most of us full-timers have had our hours cut, which legally they can do."

n a statement, La Trobe University said it would be extremely disappointed if it was proven BRI was underpaying staff.

"When we first learned of the NGV allegation, we undertook a risk assessment and have decided to undertake an independent audit, which we have contractual rights to do. This will commence shortly," a La Trobe University spokesman said.

"If we find that there have been issues we will be taking strong action."

Demonstrators at the small rally out the front of the NGV called for the Victorian Government to terminate BRI's contract.

"This is wage theft and it has to stop. We are here today to say to BRI pay up now, and we are here today to say to BRI it's time to go," United Voice Victorian secretary Jess Walsh told protesters.

The FairWork Ombudsman is now investigating the claims of underpayment and illegal cash-in-hand payments of guards at the prestigious gallery, revealed by the ABC.

"The FWO is aware of alleged underpayment of security staff engaged at NGV locations. A number of interviews have been conducted and the investigation is continuing," a spokesman for Fair Work Ombudsman said.

"As this remains an operational matter we cannot make further comment at this time."
 

Ah! Working in Security where finding the real thief could be your employer. Now is the time to check your super account.
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Reply #3 - 08. Mar 2017 at 15:24

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Dob in a Dodgy Operator
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Can't the Fair Work Commission put this firm out of business. Here is another example of how lax the workplace laws are in this country.

http://mobile.abc.net.au/news/2017-03-08/investigation-launched-into-ngv-cash-in...

Quote:
The prestigious National Gallery of Victoria has been rocked by a wage scandal with allegations emerging that security guards are being forced to work for cash.
Key points:

    An auditing firm has been brought in to investigate the claims of underpayment
    Workers say they were fired or threatened with the sack for raising pay concerns
    The NGV says its security contractor was sourced through government channels

One guard has told the ABC that he and many of his colleagues were illegally paid cash in hand, while others worked on weekends for a flat hourly rate below the award wage.

The Victorian Government has appointed auditing firm KPMG to investigate, and may refer the allegations to the FairWork Ombudsman.

Steve (not his real name) came to Australia as a refugee, and was happy to find his first job as a security guard at the gallery two years ago.

He was hired by the gallery's security contractor Building Risks International Pty Limited (BRI Security), but said after about two months he was transferred to a sub-contractor called Java Security.

"They said you have to work cash in hand," he said.

"If you don't want to do it, you have to leave."

Steve said from then on he was paid between $17 to $20 an hour flat rate with no tax and no entitlements such as sick leave.

"It's [the] wrong thing. We need to work legal but the problem is they make something like job mafia. When you go, they push you to work cash. It's like abuse," he said.

Steve said during his employment the majority of security guards working at the NGV were paid cash in hand.

Steve left the job in December 2016, saying he had had enough of the conditions.

"When we came to country like Australia, we are looking for fair. But it's not fair. We are working hard, and other people are making millions of dollars off us," he said.

Java Security has told the ABC it categorically denies paying security guards in cash.

BRI Security also denies the allegation.
 

Ah! Working in Security where finding the real thief could be your employer. Now is the time to check your super account.
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Reply #2 - 13. May 2016 at 09:28

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Dob in a Dodgy Operator
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Some security workers have had enough and are prepared to fight. Hopefully this case will expose how corrupt and inept the Fair Work Commission has become.

http://www.bendigoadvertiser.com.au/story/3900647/bendigo-security-workers-in-pa...

Quote:
A BENDIGO security guard is attempting to take his employer to court after staff were moved onto a rate of pay his union alleges is below the industry standard.

David Hollingworth applied with Fair Work Australia to terminate the contract with BRI Security and bring more than 200 security officers – including 12 in Bendigo – back onto the industry award.

Mr Hollingworth had been working as a security guard at La Trobe University in Bendigo, who contracted their security to BRI in February.

Mr Hollingworth and the 11 other security guards had previously been working at the university with a different contracted company.

He alleged he received up to $150 less per fortnight under the BRI award, but the company has flatly denied the claim.

A disciplinary hearing was held on Monday but there was no resolution.

Mr Hollingworth said the company threatened to fire him for raising the allegations.

“We were told that we would be paid under the 2010 security industry reward, only to be forced by BRI to sign this lesser agreement,” he said.

“Security jobs in Bendigo being full-time are pretty hard to get hold of. Everybody signed up. We decided we would challenge it through Fair Work, and that’s what we’re proceeding to do now.”

A date has yet to be set for a hearing with Fair Work.

Mr Hollingworth was joined by other staff and United Voice officials – the union responsible for security workers – in front of La Trobe Rural Health School on Tuesday to highlight his concerns.

BRI Security state manager for Victoria and Tasmania Michael Portoglou said the company had continually raised its rate for employees.

“BRI has reviewed the rates and raised them to ensure the agreement provides pay and conditions that are ‘’better off overall’’ when compared against the Security Industry Award 2010,” he said.

“As evidence of the lawfulness of our agreement and fairness to our employees, in 2016 BRI raised its pay rates at a percentage higher than that handed down by the Fair Work Commission.”
 

Ah! Working in Security where finding the real thief could be your employer. Now is the time to check your super account.
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Reply #1 - 27. Nov 2014 at 11:19

dreadman   Offline
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Security Service Industry
Award 2010, I cant even.

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For the record, I called Fairwork Ombudsman, and yes, these collective agreements are still active. I called if I needed to be an employee to end these collective agreements, they said yes. If you work work for this company and wish for better pay, get off yer ass, call the Ombudsman to get advice to end it.  Better yet, do some research here on how to end it.

What it comes down to, if you are complaining about the pay and conditions you are currently on, you only have yourself to blame. You have Fairwork Australia and the forum here to help you out.

 

"The opposite for courage is not cowardice, it is conformity. Even a dead fish can go with the flow." - Jim Hightower
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27. Nov 2014 at 01:07

dreadman   Offline
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Security Service Industry
Award 2010, I cant even.

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http://www.businessrisksinternational.com.au/

https://www.fwc.gov.au/documents/documents/agreements/wpa/CAEN071611402.pdf

Quote:
Casual Employees – rotating roster including weekends and Public
Holidays
Casual Employees, working rotating rosters over a seven day period including public
holidays, engaged under this Agreement will be paid the following hourly rates of pay
for all worked performed.
Classification Ordinary Hourly Rate Public Holiday
Level 1 $21.20 $35.33
Level 2 $21.96 $36.59
Level 3 $22.86 $38.11
Level 4 $23.62 $39.37
Level 5 $24.83 $41.39
32.7 Casual Employees – non-rotating roster
Casual Employees, working non-rotating rosters, engaged under this Agreement will be
paid the following hourly rates of pay for all work performed:
Classification Ordinary Hourly Rate Public Holiday
Level 1 $18.17 $30.28
Level 2 $18.78 $31.30
Level 3 $19.68 $32.80
Level 4 $20.59 $34.32
Level 5 $22.20 $37.00   


Current and Legal Level 1 wages for casuals:

     Casual - standard
     $23.69 (25.00%) per hour
     Common penalty rate      Rate
     Saturday - ordinary time      $33.16 (50.00%) per hour
     Sunday - ordinary time      $42.64 (100.00%) per hour
     Public holiday      $52.11 (150.00%) per hour
     Night span - other than permanent night work      $27.80 (21.70%) per hour
« Last Edit: 01. Dec 2014 at 13:42 by dreadman »  

"The opposite for courage is not cowardice, it is conformity. Even a dead fish can go with the flow." - Jim Hightower
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