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Archer Solutions - Sham Contracting (Read 44118 times)
Reply #36 - 05. May 2016 at 22:41

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Archer are ceasing the current contractor model they are using and forcing contractors to sign under the EBA as Casual Employees earning $1697.00 after tax. Thats about $100.00 less the what SXP pay their full time staff. No night shift penalty. No weekend penalty. And no public holiday penalty.
 
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Reply #35 - 17. Sep 2015 at 16:20

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It's not surprising if you know the rates some of these companies charge their clients. You would think they would smarten up after the ACG incident but nothing has changed.

I stopped offering mobile patrols after 6 months since it's basically impossible to run while paying standard rates. I remember I got a call asking for a quote on a small site doing 2 patrols per night. Apparently they were getting charged at a rate of $2.5 per hit..How do people even survive on those rates? Baffles my mind every time.

It's even funnier when big companies like SIS charge 6$ per hit and even bigger "legit" companies only charging a few dollars more. A dog eat dog world.

I don't think any industry is as disgusting as the security one.
 
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Reply #34 - 07. Sep 2015 at 10:18

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When it comes to the Archer EBA, employing a person as a casual when they have reasonably predictable hours of work is illegal. A person who has  has reasonably predictable hours of work must be employed as a part time employee. Being employed as a part time employee under the Archer EBA means that you get pay and conditions which are comparable to the Security Services Industry Award 2010 whereas being employed as a casual under the EBA means that you are paid well below the Security Services Industry Award 2010.

This is the definition of a permanent part time employee and a casual under the SSIA:

Quote:
10.4 Part-time employees

(a) A part-time employee is an employee who is employed in a classification in Schedule C—Classifications and who:

(i) is engaged to work fewer than 38 ordinary hours per week or, where the employer operates a roster, an average of fewer than 38 hours per week over the roster cycle; and

(ii) has reasonably predictable hours of work; and

(iii) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.

(b) At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work either:

(i) specifying at least the hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day; or

(ii) specifying the roster that the employee will work (including the actual starting and finishing times for each shift) together with days or parts of days on which the employee will not be rostered.

(c) Any agreed variation to the hours of work will be recorded in writing.

(d) All time worked in excess of the hours as agreed under clause 10.4(b) or varied under clause 10.4(c) will be overtime and paid for at the rates prescribed in clause 23—Overtime.

(e) An employee who does not meet the definition of a part-time employee and who is not a full-time employee will be employed as a casual employee.

(f) A part-time employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed.

10.5 Casual employees

(a) A casual employee is an employee who is engaged and paid as such.

(b) Casual loading

In addition to the ordinary hourly rate and penalty rates payable for shift, weekend and public holiday work payable to full-time employees, casual employees will be paid a loading of 25% of the ordinary hourly rate for the classification in which they are employed.


So anyone employed as a casual under the Archer EBA according to the conditions in the advertisement should complain to the Fair Work Ombudsman: http://www.fairwork.gov.au/contact-us
 

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 #33 - 04. Sep 2015 at 15:08

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Maybe under the modern award, but there is no penalties, nothing for casual staff under Archers EBA.

So casuals who sign up under the Archer EBA will only be earning just under 26.00 an hour regardless of day or time.  The ads they have on Seek currently even state that the positions are casual.

It is very obvious to those that already involved with Southern Cross and Archer, that Archer lied to the Commission to get the EBA approved.  They never had any intention of employing fulltime or part time workers. They just made out that they would.
 
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Reply #32 - 04. Sep 2015 at 14:50

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Which is normal if you work full time, but it is different if you work casual, betweem 6pm-6am, and weekends.
 

"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 #31 - 03. Sep 2015 at 21:00

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Under the EBA the base weekly pay for a level 2 patrol officer is 740.70. Absolutely crap
 
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Reply #30 - 03. Sep 2015 at 17:10

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Yeah I realised what you would have been talking about.  Have spoken with FWO Infoline. ICs can be offered employment opportunities.  However, does not relinquish any wrong doing in the past.
 
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Reply #29 - 03. Sep 2015 at 16:22

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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 #28 - 03. Sep 2015 at 15:34

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What is the position you are talking about?
 
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Reply #27 - 03. Sep 2015 at 13:58

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Given that this is a casual position for mobile patrol security officers then the pay level is 2. The hourly rates for a casual on pay level 2 is:

6am-6pm Mon-Fri (Day):            24.97      
6pm-6am Mon-Fri (Night):      29.31            
Permanent Night Shift:            30.97
Midnight Fri-Midnight Sat:            34.96
Midnight Sat-Midnight Sun:      44.95      
Public Holidays:                         54.94

You would only have to be working 6am-6pm Mon-Fri to benefit from the hourly rate of $25. 58 per hour advertised.
 

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 #26 - 02. Sep 2015 at 23:57

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Quote:
Here is your opportunity to join Archer Solutions, Australia's leading security industry labour hire company that provides mobile patrol security officers to leading security companies Australia wide.

We are currently seeking highly motivated and qualified mobile patrol security officers to provide  patrol duties on behalf of our client in Tullamarine / Clayton, VIC and surrounding suburbs.

This is casual employment role, with attractive rates of pay (including superannuation), excellent working conditions and ongoing support services.

Role Responsibilities:

The role of mobile patrol officer will include:

    General security patrol duties
    Alarm response services
    Property check services
    Report preparation
    Duties as directed

Prerequisites:

    A current and valid VIC security officer licence
    A current and valid VIC open drivers licence
    Australian citizenship or the right to work in Australia
    Demonstrated mobile patrol security licence
    Unrestricted availability for day, night and weekend work
    Passionate about protecting others and their assets.
    Proven customer service and written / verbal communication skills
    Ability to work independently and solve problems autonomously
    Strong attention to detail
    Reliable transport to your work location
    Physically fit to perform the role



To Apply:

    Genuine applications of interest that meet the above selection criteria can be summited by clicking the 'Apply' button within this webpage.
    All relevant licences and qualifications must be held prior to application, and proof of obtainment provided with your resume (attach a picture of security / drivers licence etc).
    Make mention of your availability and previous mobile patrol security experience.
    Submitting your resume through the online function is sufficient, you are NOT required to email it to our office.
    Ensure you meet the essential selection criteria, incomplete applications will not be considered.
    Please note only shortlisted candidates will be contacted.



Archer Solutions is an Equal Opportunity Employer.


Source:http://www.seek.com.au/job/29406693?pos=1&type=standout&engineConfig=control&tie...

It goes to show you, that if you do report dodgy operators that are blatantly engaging in sham contracting, they will change their tune pretty soon. The LRD does not look down kindly on those engaging in sham contracting. Looks like the FWC approved their collective agreement, since they are advertising only 25.00$ a hour, not "award wages."
 

"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 #25 - 28. Aug 2015 at 12:18

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A further piece of information which explains the situation of personal services income: http://freelance.blockshome.com/assets/0ee9f2ac22e21b3e7984c5ebc5a68eb9401f05d7c...
 

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 #24 - 27. Aug 2015 at 13:13

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From what I can ascertain, Archer Solutions supply Southern Cross Protection with independent contractors.

Southern Cross Protection is a nationwide security firm which is part owned by ISS which owns MSS. Its website claims that it conducts over 15,000 patrol visits every night, utilising 150 vehicles out of 32 localised branches Australia wide with over 6,000 customers. See: http://www.sxprotection.com.au/

I cannot detect if any Enterprise Agreement applies to this company, so presumably they work under the Security Services Industry Award 2010. I understand that they employ their own staff to work during the week but employ independent contractors to work the weekend shifts. For these independent contractors, they utilize Archer Solutions.

A person who replies to Archer Solutions advertisements, they are presented with a contract which has a fixed hourly rate. This rate at first glance may seem attractive except when the contractor realizes he/she does weekend shift work and other costs are deducted from their income. After comparing what is left in hand, to what they could have earned under the award, they realize that it is Southern Cross Protection and Archer Solutions who are benefiting from their labour.

Southern Cross Protection are prepared to pay Archer Solutions a relatively high hourly amount for contractors considering any other employment costs such as payroll tax, workers compensation and public liability insurance costs are not theirs to bear when they engage an independent contractor.

Archer Solutions on the other hand have to set up a scheme whereby those who they engage can qualify under Taxation Rules as independent contractors. Although the previous post on Freelance Global, Southern Cross Protection's previous contractor supplier, showed that their discretionary trust structure was illegal, I believe the Archer Solutions work on the same model.

The critical point when it comes to taxation laws is the definition of Personal Services Income (PSI). I have gone through the PSI rules on the ATO webpage and cannot see that a person who performs the duties of a security guard cannot be termed other than having Personal Services Income. Income is classified as PSI when more than 50% of the amount you received for a contract was for your labour, skills or expertise.

If the PSI rules apply to you, they affect how you report your PSI to the ATO and the deductions you can claim. If the PSI rules don't apply, your business is a personal services business (PSB). You can receive PSI regardless of your business structure. If you're producing PSI through a company, partnership or trust, the income may be treated as your individual income for tax purposes. See: https://www.ato.gov.au/Business/Personal-services-income/

So it is wise if you are on an similar independent contract it is wise to contact a financial adviser to see that how the trust operates is within ATO guidelines.

 

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 #23 - 27. Aug 2015 at 12:11

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To understand the structure that Archer Solutions operates, requires some idea of Freelance Global's demise.

Essentially Freelance Global would engage the workers as beneficiaries of a trust and have them sign an agreement saying they weren't an employee, just a beneficiary. All monies that Freelance Global collected from their clients on behalf of their independent contractors was paid into this trust.

When it comes to commercial or employment law, regardless of the words written in a contract, the court  always looks at the parties, scenario, flow of money and implications of the structure as a whole to determine what is occurring and it will have an impact on how the court rules.

Using the trust structure, the beneficiaries were able to reconfigure their income as well as split their income between themselves and other family members therefore reducing the tax paid by bringing the income down to lower tax brackets. Freelance Global had a separate arm of the business which advised independent contractors on how to arrange their tax affairs for a fee.

Freelance Global claimed the beneficiaries were not employees and therefore were exempt and did not pay payroll tax and, presumably, not charge their clients for it. The court ruled the so called contractors were employees for tax purposes and the Australian Tax Office saw a ‘honeypot of tax dodgers’  and relished in the fines, and Pay as You Go Tax they could collect.

Freelance Global allowed people classified as earning Personal services income (PSI) into the trust structure and the ramifications were horrendous.  Personal services income is income produced mainly from your personal skills or efforts as an individual. You can receive PSI in almost any industry, trade or profession. PSI does not affect you if you're an employee receiving only salaries and wages. Income is classified as PSI when more than 50% of the amount you received for a contract was for your labour, skills or expertise. Read:https://www.ato.gov.au/Business/Personal-services-income/Working-out-if-the-PSI-...

The questionable practice and tax risks of engaging contractors via a trust structure has been known for at least 6 years before Freelance Global went into liquidation. The ATO had been investigating Freelance Global for a number of years and then took its case to court for the ruling.

So what the ATO ended up with, was the income and tax records of all the independent contractors. They prosecuted and recovered unpaid taxes and fined the independent contractors to the tune of thousands of dollars individually.

With the ATO receiving this ruling, the NSW Office of State Revenue took Freelance Global  to court for unpaid payroll tax which was basically the responsibility of Freelance Global to collect from their clients. This amounted to nearly 4 million dollars which basically sent the company bankrupt .
« Last Edit: 27. Aug 2015 at 12:15 by Administrator »  

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 #22 - 26. Aug 2015 at 14:54

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If you think that being an independent contractor is simple, read this from a Freelance Global client when things went pear shaped: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=7&ved=0CEkQFjAGahU...
 

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 #21 - 25. Aug 2015 at 11:57

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Yes Bluestone Global have gone turtle up also: http://www.asx.com.au/asxpdf/20140806/pdf/42r9ty7lv3yhg0.pdf

Losers: Shareholders, staff and contractors. Directors are off to scam some others
 

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 #20 - 25. Aug 2015 at 00:14

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Archer are registered for GST under the ABN they use for paying their ICs. ABN 91 866 322 083. It is registered to a trust.

I looked into what you were saying about Bluestone. Information I found suggests that Bluestone went into administration last year.
 
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Reply #19 - 24. Aug 2015 at 13:09

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Archer Solutions Pty Ltd

ABN 31 163 872 204. Strange to find that Archer are not currently registered for GST after being registered up until 1 Jan 2014.

34/3 Box Road Taren Point NSW 2229

From the Enterprise Agreement: https://www.fwc.gov.au/documents/documents/agreements/fwa/AE414721.pdf

The four signatories to this agreement are two directors and two witnesses who appear to be business associates.

The first signatory Craig Tognolini. Linked In page: https://au.linkedin.com/in/craigtognolini

Just reading the Linked in summary of Craig's summary, should alert any security worker to stay away from any contract offered by Archer. I do not know if Archer knows the meaning of Sham Contracting. He is also a director of another company Easy Payroll Pty Ltd which sells payroll software and a director of a company called Trainer Connections which is a financial and administration system between horse owners and trainers. http://www.trainerconnections.com.au/

He part owns a number of racehorses.

The other director who signed the EBA is Brett Bedwell. His Linked In account is here: https://au.linkedin.com/in/brettbedwell

He is besides a director of Archer, an insurance agent and you can guess who takes a cut of all insurance premiums that independent contractors have to pay when being contracted to Archer.

The other associates are Daniel Isbester and Dwain Watkins. Dwain is a partner in the Easy Payroll https://au.linkedin.com/pub/dwain-watkins/25/479/b47. His father is a trainer with Trainer Connections.

Want to know what happens to directors of these Outsourcing Marketplace Operators that go broke. They get a job with another company in the same business. AnneR's husband lost a lot of superannuation because his previous contract principal Freelance Security a subsidiary of Freelance Global went into liquidation. Anthony Kelson the CEO of Freelance found a nice board position with Bluestone Global Ltd.

Read this and find out the potential of these Outsourcing Marketplace Operators to go broke: http://www.staffingindustry.com/row/Research-Publications/Daily-News/Australia-B...

This is the comment at the end of this article:
Quote:
Don't mind that Anthony Kelson was the director of Freelance Global that went bust due to his management and now the ATO are auditing 100+ independant contractors who used Freelance as tax advisors. The ATO audits will date back 5 years and be over 100k in fines\amendmends for effected contractors.
Despite this, Anthony Kelson sent Freelance into voluntary administration and now gets this board deal. Will he use this money to help the sucker contractors he advised and then jumped ship on? What a joke!
 

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 #18 - 23. Aug 2015 at 10:57

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The aim is to try and prove that he is an employee of Southern Cross Protection and take Archer out of the equation all together. There is no need for Archer to be involved at all other then for Southern Cross to not have the additional outlay of payroll tax etc etc. If you compare a full time employee of Southern Cross to the work that is done by the ICs under Archer then is absolutely no difference. Same uniform, same patrols, same rules. Everything, I mean everything is dictated by Southern Cross. Even when ICs get in trouble it is Southern Cross that deal with disciplinary action.
 
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Reply #17 - 22. Aug 2015 at 23:28

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That is really crap mate.

Archer is going to end up owing you guys lots of money, this company is really something else. Angry
« Last Edit: 22. Aug 2015 at 23:31 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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Reply #16 - 22. Aug 2015 at 18:29

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I don't know why he is paying GST to Archer. That is just the way it has been since he signed with them in March. That is also the way it was under Freelance prior to that. He gets paid a little over 2000 a fortnight and yes we put an amount away each month for tax. We got a letter from the ATO yesterday stating that they had determined that Freelance were his employer for the period that he lodged an unpaid super claim for. Freelance have gone into liquidation, so we cant recoup any money.  We are now going to be doing the same for the period of time since that has been under Archer.  He doesn't pay anything to Southern Cross. He fills in a time sheet that he sends through to the Branch Manager for Southern Cross every fortnight, they process his pay and pay Archer. Archer deduct their 5% plus gst and the fees for the car hire and insurance and pay him the rest. We have already been told by the FWO once before that we need to get a determination from the Federal Circuit court on whether or not he is an employee or contractor. I am just going to get him to email Archer and inform them that he will not be signing the statement till he gets advice from a lawyer. We did the same thing when they threatened not to pay him when he didn't sign up to Archer in the first place.
 
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Reply #15 - 22. Aug 2015 at 12:16

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AnneR

Why is your husband paying GST to Archer? I would have thought that with Archer paying him, he would be responsible for paying GST to the ATO through his Australian Business Number. The way it works is that Archer pays him the amount and declares to the ATO that they have paid a person who is liable to pay GST citing his ABN number. On the other hand, what he pays Southern Cross Protection is GST assessable and SCP should be paying the GST on that which he pays to SCP. By true accounting, he should be declaring that he is paying SCP these fees as well as reporting their ABN.

It is really up to your husband whether he intends to fight Archer. If I believe some authority is investigating Archer for sham contracting and they are successful, then the contract he is working under becomes null and void whether he signs the statutory declaration or not.

However this authority needs all evidence that Archer knows it is breaking the law and asking the so called independent contractor to sign a statutory declaration is proof of that fact. If they believed their contracting methods were legal there would be no need for people to sign the stat dec.

He can stir the pot by reporting back to Archer that after consulting both the ATO and FWO websites, he believes that his status is employee rather than contractor and by signing the statutory declaration he will commit a crime.

I hope he has been paying income tax along with GST from what he has received from Archer. I would contact the ATO to confirm what he owes.

He needs to present the threat by Archer about non payment unless he signs the statutory declaration to the Fair Work Commission as soon as possible. I would also report it to the Fair Work Ombudsman contact Andrew Jones. This is intimidation in the workplace and is taken seriously by the FWC.

So now we know that from what Archer have been paying him and cost of business deductions such as he is paying SCP along with superannuation and public liability insurance and sickness and accident insurance, GST and income tax, what is left must be a meager amount.   Undecided
 

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 #14 - 21. Aug 2015 at 19:21

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So currently he pays 5% plus gst to Archer. On top of that he pays 30.00 a night for use of the Southern Cross Protection car and 8.00 to reduce the car insurance excess from 2500.00 to 500.00.  I believe in the 5% that includes accident cover and PLI.  On average he pays about 400.00 a fortnight in fees.
« Last Edit: 21. Aug 2015 at 19:22 by AnneR »  
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Reply #13 - 21. Aug 2015 at 16:07

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When we started looking into all of this, I contacted Work Cover in Queensland to work out what the deal is with Workers cover insurance. The guy I spoke to took me through the Employee/Contractor tool on the ATO website and it came up saying he is an employee. I will be emailing the person you have spoken of with the matter number that I have previously be given with the new information.  I have also emailed it to a lawyer we are talking with at the moment.
 
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Reply #12 - 21. Aug 2015 at 11:32

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AnneR

This situation looks to me like Archer are trying to get all people who they signed up under a sham contract to declare that they are truly believe that they are an independent contractor and have been paid correctly for work performed.

They are making the independent contractor declare that any taxes that are the responsibility of the contractor have been paid. This is an attempt to put the responsibility for tax payment on the contractor and make Archer not liable for any unpaid taxes.

Clause (c) ties the contractor to Archer for the various insurances that an independent contractor needs. As well as this it also shows the various licensing authorities that its contractors hold the various insurances. I take it that your husband makes a certain payment for insurance premiums or that amount is deducted from what Archer pays your husband. When doing your spreadsheet calculations, I would add this amount as this cost in an employment situation is covered by the employer not the employee.

This shows me that Archer are being investigated for sham contracting and are using this declaration to 'cover their arses' when the relevant authorities come investigating. It amounts to intimidation in the workplace. I would refer this to the Fair Work Commission as intimidation in the workplace falls under their jurisdiction.

Even if a person is deemed to be an independent contractor, the principal is required to pay superannuation into a super account nominated by the contractor. The principal cannot claim to have paid superannuation in the amount paid to the contractor. It has to be shown that individual payments were made by the principal into the contractors super account.

I take it that your husband has compared his working conditions to the FWO guide: http://www.fairwork.gov.au/about-us/policies-and-guides/fact-sheets/rights-and-o...

Does he believe that he is an independent contractor or an employee? If he believes he is an employee, then by signing this he is making a false declaration.

I know that you are discouraged by the FWO but I would compile all the information that you have and send an email to:Andrew Jones Assistant Director – Compliance Coordination Team Infoline, Dispute Resolution and Compliance Group Fair Work Ombudsman Andrew.Jones@fwo.gov.au. I reported Archer to him some time ago and I feel that the pressure put on Archer may be the result of my complaint.

I get discouraged by lack of reply from authorities but find action has been taken and the situation has improved.

The licensing of security companies varies from state to state. If Archer can prove it was the principal and contracted out its security work, then is some cases, it may not need a security firm's license. Email all the relevant licensing authorities and state Archer are under investigation for sham contracting and to investigate if they are complying with licensing conditions.


 

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 #11 - 20. Aug 2015 at 17:45

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This is the stat dec they are currently trying to get him to sign by 31st august or they may withhold payment until such a point as it is returned.

INDEPENDENT CONTRACTOR STATEMENT
I………………………………………………………………………………[insert name of independent contractor]
ABN………………………………………………………………………… [insert ABN] of
…………………………………………………………………………………[insert address of independent contractor]
has entered into an agreement with Archer Solutions Pty Ltd (ABN 91866322083) of 34/3 Box
Road Taren Point NSW 2229.
This Statement applies in respect of work performed in the previous 12 months (and/or since
commencement of the contract), in accordance with the contract between Archer Solutions and the
independent contractor signed at commencement.
I, …………………………………………………………………………. [insert name of independent contractor]
hereby declare:
(a) All remuneration (including payment or accrual of leave entitlements, superannuation
and any other employment entitlement or benefit) payable or owing to relevant
employees for work under the Contract, including the independent contractor has been
paid.
(b) All taxes required by law for payment of any work under the Contract as well as for
remuneration paid to relevant employees (if applicable), including the independent
contractor, has been paid.
(c) The Contractor wishes to continue to engage Archer Solutions as agent to obtain any
relevant public liability insurance and sickness/accident insurance for the Contractor in
respect of further services provided by the Contractor to Archer Solutions.
I also acknowledge that:
(a) I am engaged by Archer Solutions as an independent contractor to provide services under the
Contract.
(b) Both my relationship with Archer Solutions and the relationship between the Contractor and
Archer Solutions are that of an independent contractor and principal.
(c) I am not an employee, agent or partner of Archer Solutions. I am an independent contractor.
…………………………………………………………
Signature of Independent Contractor
…………………………………………………………
Print name of Independent Contractor
Date ………………………………………….………
 
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Reply #10 - 20. Aug 2015 at 17:29

AnneR   Offline
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I have contacted the ATO last year and lodged a complaint for unpaid superannuation. I spoke to them the other day and they have escalated it to a higher level to find out what is going on. Should get a response from them within 30 days.

I am happy to show anyone the contract who is interested in having a read of it. I have found a lawyer. Have emailed her the Archer contract and the one that Southern Cross offered immediately after Freelance went bust. Pretty much exactly the same word for word, with some obvious differences i.e. company name. She is going to look into it for us.

At this point in time, Im not going to worry with the FWO. Probably one of the most useless government agencies out there to deal with, well maybe after centrelink.

One thing I would like to know that I haven't yet found a definitive answer for.  Does it make any difference, even though Archer are now licenced, that they were hiring guards without a firm licence in Queensland? Also, if you like the details of their master licence in NSW, it is for between 4 and 14 workers. I would love to know how many ICs they have in NSW.

I have been keeping a spreadsheet on the computer of what my husband would have been paid if he was to be a casual employee, as that is what we were told by the FWO they would make any calculations on. Based on the overtime and public holidays he hasn't been paid penalties for, it is quite a lot of money. He has been with SXP for nearly 4 years.

 
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Reply #9 - 19. Aug 2015 at 21:48

dreadman   Offline
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If it was an agreement that was approved by the Fairwork Commission, then no, you cannot do much about it. If it was an agreement that had no approval from the Fairwork commission, then the contract is invalid. As it states in the Fairwork Ombudsman site:

Quote:
MYTH 6: If an employee has a contract of employment, the National Employment Standards do not apply.
FACT: All employees are covered by the National Employment Standards, regardless of the terms stipulated in their employment contract.


If they did have an agreement in place it states:

Quote:
MYTH 10: Enterprise Agreements stop operating once they have passed their ‘nominal expiry date’.
FACT: Enterprise Agreements continue operating until they are either terminated by Fair Work Australia or replaced by a new Enterprise Agreement.


Source:http://www.fairwork.gov.au/about-us/news-and-media-releases/2012-media-releases/...
 

"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 #8 - 19. Aug 2015 at 14:07

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It appears that Archer Solutions have gone legit after advertising for staff under sham contracts. As AnneR states, they have obtained security licences and have just recently have had an Enterprise Bargaining Agreement approved: https://www.fwc.gov.au/documents/documents/agreements/fwa/AE414721.pdf

I looks as though my complaining to the FWO has had some results. Although the EBA has been approved, it falls short of making the employee better off than the award. It has been approved by the security guard's nemesis Commissioner Gregory on 10 Jul 15.

The payscale is below the current award payscale and I wonder if this has been adjusted. Working as a casual will mean that you will be duded when it comes to penalty rates for weekends. Otherwise the agreement is not as detrimental as others I have seen. It appears this agreement is a greenfields agreement because no worker has signed the agreement, only the two Directors. A greenfield agreement has to be negotiated between a union responsible for the employee classification and the company. This would probably make this agreement illegal.

AnneR wrote on 18. Aug 2015 at 17:15:
Have been trying to find a lawyer to help us out and so far cant find any that we can afford.

I really wish he hadn't signed the agreement. But what else could he do? It was our only source of income at the time


You may like to assess your husband's employment against the sham contracting page: http://www.ausecurityworker.com/sham_contracting.html

If it is deemed to be a sham contract then the contract is illegal. Contact the Fair Work Ombudsman to ascertain if it is a sham contract an if so the FWO will prosecute. http://www.fairwork.gov.au/about-us/policies-and-guides/fact-sheets/rights-and-o...

If the work contract is deemed not to be a sham contract then your husband has to fulfill the conditions of the contract or be sued by the company.

It may be worth your husband checking his salary against the payslip calculator to see how much he is out of pocket http://www.ausecurityworker.com/calculator.html

A company has to pay the contractor's superannuation. If this is not occurring contact the Australian Tax Office.
 

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 #7 - 18. Aug 2015 at 17:15

AnneR   Offline
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I lost the website and have only just found it again. Sorry about the delay in my reply.

Thanks for the info re the contact at the FWO. Will definitely try that out.  As for the firm licence, they now have one so according to the OFT its no longer an issue, go figure.  There master licence in NSW however only allows them to hire between 4 and 14 people. Would love to know how many they do actually have.  If its anything like Qld there are 14 contractors employed just within two branches of Southern Cross in SE Qld, so that's not even including the rest of the state.

I have contacted United Voice.  They have said there is nothing they can do because it is a pre-existing arrangement.

It is getting beyond ridiculous.  Southern Cross are now scrapping the current IC model and will be engaging persons under an EBA through Archer. However, this will not change anything for any current ICs.

Have been trying to find a lawyer to help us out and so far cant find any that we can afford.

I really wish he hadn't signed the agreement. But what else could he do? It was our only source of income at the time Sad.
 
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Reply #6 - 20. May 2015 at 14:06

dreadman   Offline
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Hello Admin,

I know the FWO deals with sham contracting issues, but does not the licensing body in charge deal with the licensing enforcement?

I did report them to LRD in Victoria, but I have not heard anything back from the LRD.

They are currently advertising in South Australia:http://www.seek.com.au/job/28654622?pos=6&type=standout

From the looks of it, Archer solutions have not been approached by the LRD. They were advertising back in April 30th in this job ad in Victoria:http://www.seek.com.au/job/28589569?pos=3&type=standout

« Last Edit: 20. May 2015 at 14:29 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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Reply #5 - 20. May 2015 at 09:02

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AnneR

I would suggest that with the question of Archer holding a licence, and OFT in your opinion failing to act, that you write to the Minister responsible for OFT who is:

The Hon Yvette D'Ath (Redcliffe) is the current Attorney-General.

Contact details

Electorate Office Address
Suite 35 Level 1, Bluewater Square Shopping Cent
Cnr Anzac Ave & Sutton Street
REDCLIFFE QLD 4020

Phone: (07) 3284 2667
Fax: (07) 3283 1073
Email: Redcliffe@parliament.qld.gov.au

Ministerial Office Address
Level 18, State Law Building
50 Ann Street
BRISBANE QLD 4000

Phone: (07) 3719 7400
Fax:
Email: attorney@ministerial.qld.gov.au

I have found that complaining to the Minister in charge of a deparment does bring some response.

As sham contracting is a threat to union membership, I would also advise the United Voice in Queensland that this company is operating a sham contracting scam.

Street Address:

27 Peel St
South Brisbane QLD 4101
Postal Address:

PO Box 3948
South Brisbane QLD 4101
Phone:

07 3291 4600
1800 065 885

With the Labor Party in power now, a union complaint may have some effect.

I would also restate your complaint to I have reported this company along with others to Andrew Jones Assistant Director – Compliance Coordination Team Infoline, Dispute Resolution and Compliance Group Fair Work Ombudsman Andrew.Jones@fwo.gov.au

He appears to be the main person who handles sham contracting complaints in the FWO.
 

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 #4 - 19. May 2015 at 18:24

dreadman   Offline
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Hello Anner,

According to the Queensland Goverment site:http://www.qld.gov.au/law/laws-regulated-industries-and-accountability/queenslan...

Quote:
Apply for a security firm licence

You need a security firm licence if:

    you are a person, corporation or partnership that provides security firm services
    you receive payment or reward for providing security services, even if you subcontract the actual security work out to other people
    you supply staff to provide security services.

You don’t need a security firm licence if you:

    employ security staff to protect your property
    operate as a sole trader and do all the security work yourself.


The FWO does not know much when it comes to regulation of the security industry. Usually the police department of each state is in charge of dealing with the private security regulation. It seems that in Queensland that Fair Trading is in charge of regulating the security industry.

http://www.qld.gov.au/law/fair-trading/

From what you have posted yes, Archer needs a  security firm licence since they are:


Quote:
    you are a person, corporation or partnership that provides security firm services
    you receive payment or reward for providing security services, even if you subcontract the actual security work out to other people
    you supply staff to provide security services.


I would strongly suggest to call:13 QGOV (13 74 68)
 

"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 #3 - 18. May 2015 at 20:33

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Good evening one and all. My husband is an IC with Archer Solution in Queensland and does security patrols for Southern Cross Protection. He was forced into signing with Archer last year after the original IC arrangement that SXP had with Freelance Security was terminated when they went into administration. He was effectively told sign up with Archer or you will have no work. So we have been trying for just over a year to get the FWO to investigate. My husband did participate in a phone interview with the FWO and SXP have supposedly been cautioned but dont know what for as the FWO wont tell us. Nothing has changed so Im guessing they arent taking it too seriously. The ATO and Office of Fair Trading have been just as useless with neither wanting to know. Have tried making a complaint to the OFT about Archer not holding a firm licence in Queensland but all I was told is they dont need one, which is a crock of bull. Anyway any suggestions on other avenues we can take would be greatly appreciated.
 
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Reply #2 - 25. Mar 2015 at 09:38

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Bullzi42 wrote on 24. Mar 2015 at 20:23:
Has this been reported to the ato, FWC and lrd?



I have reported this company along with others to Andrew Jones Assistant Director – Compliance Coordination Team Infoline, Dispute Resolution and Compliance Group Fair Work Ombudsman Andrew.Jones@fwo.gov.au

He deals specifically with complaints in the security industry. I have reported a number of companies to him with little response.

I can only hope he does something with the information. The Fair Work Commission (FWC) doesn't hand complaints of sham contracting.

I have reported this company to both the ATO and the LRD with no response. You are quite welcome to report this company again to reinforce my complaint, and any other company where you have evidence to sham contracting. It requires about 20 minutes of your time.

This forum is an effective means of combating sham contracting by alerting potential employees. This post now resides at position 6 when you search for Archer Solutions on Google.

 

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 - 24. Mar 2015 at 20:23

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Has this been reported to the ato, FWC and lrd?
 
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12. Mar 2015 at 13:27

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This company is blatantly advertising for people to be employed under sham contracts

Quote:
We are currently engaging independent contractors, with plenty of ad-hoc work available to the right candidates...

Exciting Opportunity for Security Professionals / Self-starters.

Always wanted to run your own business without dealing with the administration? Go out alone as a contractor but with the security of regular work available? Want flexible working arrangements, but enough work to satisfy your weekly commitments...

This opportunity is for you!!

Archer Solutions is looking for qualified security officers to provide patrol services to our customers in Tullamarine, Melbourne, VIC and surrounding suburbs . We need highly motivated self starters that want to work in the security industry with thorough professionals for the right money with scope to broaden horizons and get ahead.

Must be well presented with strong communication skills – both written and verbal, in addition to being physically capable of performing the role.

To apply, you must hold the following:

    A current VIC security officer licence,
    A current VIC open drivers licence,
    Australian citizenship for security clearance.

All relevant licences and qualifications must be held prior to application, and proof of obtainment provided in your resume (attach a picture of security / drivers licences etc).


This is definitely an attempt to sign up some poor fool under a sham contract. The ad calls for an ordinary security license when sub contractors are supposed to hold a Security Business License.

ARCHER SOLUTIONS PTY LTD

ABN 31 163 872 204

Victorian Security Business Number: 881-125-30S

NSW Master Security Licence 000101251

Brett Robert Bedwell (Nominated Person)

Website:  http://archersolutions.com.au/

34/3 Box Road Taren Point NSW 2229

« Last Edit: 12. Mar 2015 at 13:35 by Administrator »  

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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