Yancoal Attempts To Strip Redundancy Entitlements in New Contract
Above photos by Sage Swinton. Images courtesy of Cessnock Advertiser
In December 2015, coal mine workers were being held to ransom by a company attempting to strip them of their workforce entitlements; Yancoal. As is becoming increasingly commonplace for many companies, Yancoal was trying to force their workforce to sign away their rights under a new contract with a shelf company, "Yancoal Mining Services."
Little did this company know they’d have a fight on their hands. These workers took a stand; choosing to fight for their right to access fair and decent redundancy entitlements.
Photo: SMH
Hunter Workers did what we do best; we went out to support our brothers and sister’s in their fight to pressure Yancoal into ensuring these workers' entitlements. As a result of both community pressure and further negotiations with the Professionals and their members, the workers redundancy entitlements were secured. Hunter Workers were recognised for their commitment, hard work and dedication to these workers. However the fight is not over yet. Yancoal are supporting a Fair Work Commission (FWC) case in November to cap redundancy payments.
On the 24th February 2016, Senator Sam Dastyari raised his concerns in The Senate regarding the current legislation that allows for this kind of corporate behaviour. Dastyari said, "On the 14th January 2016, they [Yancoal] told staff about the secret shelf company and told them they had 10 business days to move to the new company on lesser conditions or be sacked... I'm concerned that they are setting up structures with the sole intention of ripping off and taking advantage of their own workers."
Image courtesy of Financial Review
Senator Dastyari had some broader questions regarding the laws that allow for this kind of corporate deviance to continue. "There are some questions we need to ask. How can a foreign company such as Yancoal Australia Ltd create a new company and, as a condition of employment, require workers to transfer to that company on lesser conditions or they risk being sacked without retrenchment pay? Why is there no barrier in The Fair Work Act to prevent this from occurring?"
Dastyari went on to ask, 'What protections are there for workers when an employer makes it a condition of ongoing employment that they transfer to a new company with reduced conditions and no guaranteed assets backing their entitlements? How can phoenix companies be set up without first guaranteeing workers' conditions and guaranteeing assets to back those conditions?
'Why is the government considering enterprise contracts when the Yancoal example highlights the problems that can already occur when employees are unilaterally issued new contracts without any form of regulation or safeguards?"
Click here for more of Senator Sam Dastyari's comments in Parliament regarding Yancoal's exploitative behaviour. To view the full transcript click HERE.
Dastyari had a final message for Yancoal, "I put Yancoal on notice: you are not going to get away with this behaviour."
JOIN THE FIGHT!
To help protect these workers rights, please sign the petition HERE.
Spread this link to all your friends, family and associates: http://saveourworkrights.com.au
