Fair outcome for ex-Rocla employees
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- 29th June 2016
The TWU has reached agreement with Hanson Construction Materials on behalf of a group of Rocla Quarry workers who agreed to work with them after they bought our Rocla
Prior to the buyout fact sheets were handed to employees stating that none of their conditions would change if they went to work with Hanson.
But when afternoon shift employees received their first pay slip they noticed a reduction in their shift penalty payment.
They checked with Hanson payroll and were told they were only due the shift loading on their ordinary hours- not the full 12 hour shifts and not overtime hours.
This was the way they had been paid for years.
But a check of the Rocla EBA revealed that Hanson’s interpretation of the payment was correct.
This was not what the former Rocla employees wanted to hear. They were told there would be no change and they switched to Hanson on that understanding.
So the TWU decided to soldier on with a claim to the Fair Work Commission.
At a FWC conference on June 1 we argued the custom and practice line and - with the assistance of deputy president Binet - Hanson was persuaded that their employees had a point.
Hanson’s were understanding on the issue and actually said that they wanted a good relationship with their employees?
Deputy president Binet suggested an ex gratia payment and figures of $1040 per employee, and $1290 for the leading hands was eventually agreed.
Two members attended the conference and were happy with the outcome after understanding that that Hanson, legally, did not have to pay anything.
I would like to thank our lawyer Adam Dzieciol and industrial officer John Collier for the effort they put into achieving an unlikely outcome for those concerned.
EBA negotiations, under the Hanson banner, will kick off around the end of August.