SWEET VICTORY FOR CADBURY WORKERS IN FEDERAL COURT CASE   :)
AMWU Union August 22 2019
The Australian Manufacturing Workers’ Union (AMWU) welcomed the long-awaited decision handed down today by the majority of the Full Court of the Federal Court in Mondelez v AMWU & ors. Mondelez, which owns Cadbury, took the AMWU and two of its members to Court in a bid to strip all shift-workers of their personal leave. 

The Turnbull-Morrison Government intervened to support Mondelez’s case against its employees and in support of cutting personal leave entitlements for shift workers.   :(

Australia’s National Employment Standards (NES) mandate a minimum of 10 days paid personal leave per year. Cadbury employees work ordinary hours of 12-hour days, which means they should have access to 120 hours of paid personal leave per year to cover the hours of ten work days. Mondelez argued that workers should only receive 76 hours of personal leave under the NES, based on 10 days of 7.6 hours work each.

“Shift workers around Australia can breathe a sigh of relief today thanks to AMWU members Natasha and Brendan who stood up against Mondelez and won this case”, said AMWU Tasmania State Secretary, John Short.   :)

“This was an appalling attempt by a very profitable multinational company to rob its workers of the leave that they are entitled to”, Mr Short said.

“If you need to take a sick day, you should be paid for your normal hours of work, it’s as simple as that. And you should be able to take ten sick days paid at your normal hours of work”, Mr Short said.

“As Australians, we can be proud that we have national minimum standards for personal leave. It’s outrageous that a multinational like Mondelez would come in and try to undercut those minimum standards for some of the hardest working, lowest paid employees in this country”, said Mr Short.

This case has far-reaching implications, with two similar cases already before the Federal Court.

Morrison slammed for backing failed bid to cut sick leave
21 August 2019
ACTU

     Morrison slammed for backing failed bid to cut sick leave

The peak body for working people has slammed the Morrison Government’s intervention in a failed case that could have seen sick and personal leave rights cut for thousands of people working shifts.

The case between Cadbury owner Mondelez, backed by a Federal Government intervention in the case, and people working at its Tasmanian chocolate factory set important precedent protecting sick leave for shiftworkers.

Mondelez had unsuccessfully argued in the Fair Work Commission for a reduced entitlement for the sick days of people working shift work for the company, saying that because they worked 12-hour days they should be entitled to fewer sick days than the National Employment Standards in the Fair Work Act require.

The company brought a case against two individual workers and their union – the AMWU – in the Federal Court in February this year.

The Morrison Government intervened in the court case – on the side of the company.

After a difficult and lengthy court process in which the workers at Cadbury fought not only their multi-national employer and powerful industry lobbies, but their own national government, they have emerged victorious.

Quotes attributable to ACTU Secretary Sally McManus:

“The fact that the Morrison Government would intervene on the side of a company that is trying to cut people’s personal leave below the legal minimum is a disgrace.

“If Mondelez and the Federal Government had been successful in their case it would have undermined a basic workplace right for thousands of shiftworkers.

“Working people deserve a Government that is on their side – not one that sides with big business to undermine basic rights like sick leave.

“The Prime Minister needs to explain why his government intervened to support an attack by a multi-national company on the rights of Australian workers.

“And he needs to ensure that neither he nor his Ministers will use taxpayer money to try to cut basic employment standards again.

And next on target by coalition, scrapping away all other worker rights.  Leaving slave rights.

Geez why is he trying to set us back at least 100 years?

Spot

How does working longer hours equate to less time needed to get over a cold?

This kind of thing shows either how silly managers are or how cunning they are.

stunspore wrote on Aug 24^th, 2019 at 1:01pm:

And next on target by coalition, scrapping away all other worker rights.  Leaving slave rights.

Back to The Good Old Days of Sons and Lovers - you know - that thing where the miner father steadily eroded in his ability to earn through mining piecework, and was steadily eroded in his position in family, until mother was the dominating force and he was a useful adjunct only?

Note how such fanfare is made of dear old mother in that - and how it so closely relates to modern times and governing social principles.  Very prescient that novel - and often quite misunderstood in its impact.

Anyway - the basis that companies all feel that piecework is the only way forward, and damn the workers, is what is behind this kind of putsch.

Country lacks a good old management massacre by a disgruntled employee.... one such and the entire industrial relations world will change for the better ....

On another parallel - this kind of man agement couldn't do better if they were Central American etc dictators...

Sir Spot of Borg wrote on Aug 24^th, 2019 at 2:59pm:

Geez why is he trying to set us back at least 100 years? Spot

They want to see just how far they can reduce the rights of workers before they get sacked at an election.

Bam wrote on Aug 25^th, 2019 at 1:25pm:

Sir Spot of Borg wrote on Aug 24th, 2019 at 2:59pm: Geez why is he trying to set us back at least 100 years? Spot They want to see just how far they can reduce the rights of workers before they get sacked at an election.

The problem today is a majority of the working class electorate suffer from the deluision they’re middle class. Having scrimped and saved to put their darlings through a worthless university degree, rather than an honest trade, they refuse to admit they’ve wandered onto the wrong side of the track.

Ayn Marx wrote on Aug 25^th, 2019 at 1:32pm:

Bam wrote on Aug 25th, 2019 at 1:25pm: Sir Spot of Borg wrote on Aug 24th, 2019 at 2:59pm: Geez why is he trying to set us back at least 100 years? Spot They want to see just how far they can reduce the rights of workers before they get sacked at an election. The problem today is a majority of the working class electorate suffer from the deluision they’re middle class. Having scrimped and saved to put their darlings through a worthless university degree, rather than an honest trade, they refuse to admit they’ve wandered onto the wrong side of the track.

Sadly - how true.... rather than permit our darlings to understand the value of real work, we've pampered them and given them everything...

Mine did well - son's a tradie and daughter is a high flyer in the film industry.  Hard work, you see, and just good people...

Bam wrote on Aug 25^th, 2019 at 1:25pm:

Sir Spot of Borg wrote on Aug 24th, 2019 at 2:59pm: Geez why is he trying to set us back at least 100 years? Spot They want to see just how far they can reduce the rights of workers before they get sacked at an election.

As in the past the next govt won't give them back either

Spot

Sir Spot of Borg wrote on Aug 25^th, 2019 at 3:24pm:

Bam wrote on Aug 25th, 2019 at 1:25pm: Sir Spot of Borg wrote on Aug 24th, 2019 at 2:59pm: Geez why is he trying to set us back at least 100 years? Spot They want to see just how far they can reduce the rights of workers before they get sacked at an election. As in the past the next govt won't give them back either Spot

Indeed - on past performance Labor will quietly shelve such things in the national interest - meaning they need to ensure women are paid more super for fewer hours of work and should be pushed into all the top paid and supered jobs .... gotta keep on with The Great Socialist Revolution - regardless of the cost to those disgruntled bastards who missed out after a lifetime of 'male privilege'.....  :o   8-)   ::)

In the interests of the GSR the needs of those filthy blue collars and Unions must be set aside for future consideration - as in the next of never.... once control is established, there will be no need for Unions and worker rights - they'll all be handed down to them by their betters ....

Thus runs the dialogue... spoken or unspoken ...... and Elitist Labor is no better than Elitist LNP .... or even Elitist Hansonism or Greenism  ....

The only hope lies with the proles..... and they're all asleep at the pubs, clubs and pokies....

Too right even if you are actually sick.

juliar wrote on Aug 26^th, 2019 at 2:38pm:

Too right even if you are actually sick.

You're employed as a casual to post Liberal Party propaganda, so you aren't entitled to paid sick leave.

Sorry about that.

Gweggy fondly remembers his many "sickies".

Seriously juliar do you actually approve of this eroding of workers rights?

Spot

Well if you are genuinely sick you have no choice but to stay away otherwise you pose a risk to your employer.

But can you imagine the number of "sickies'" on the Monday after the Libs won the election ?

juliar wrote on Aug 26^th, 2019 at 4:14pm:

Gweggy fondly remembers his many "sickies".

Indeed.

If you ever get a full-time job, you might be able to enjoy them too.

Won't happen while you remain a casual posting propaganda for the Liberal Party though.

These days Gweggy seems to be permanently unwell.

Sir Spot of Borg wrote on Aug 26^th, 2019 at 4:18pm:

Seriously juliar do you actually approve of this eroding of workers rights? Spot

The answer is yes, just like cutting penalty rates and keeping worker pay low.

Sir Spot of Borg wrote on Aug 26^th, 2019 at 4:18pm:

Seriously juliar do you actually approve of this eroding of workers rights? Spot

Juliar sure does. Juliar is looking forward to going to a cafe where the servers are coughing and sneezing all over the food because they're sick with the flu and can't afford to take a day off. Here's hoping juliar contracts the flu in this way.

Bam wrote on Aug 26^th, 2019 at 7:11pm:

Sir Spot of Borg wrote on Aug 26th, 2019 at 4:18pm: Seriously juliar do you actually approve of this eroding of workers rights? Spot Juliar sure does. Juliar is looking forward to going to a cafe where the servers are coughing and sneezing all over the food because they're sick with the flu and can't afford to take a day off. Here's hoping juliar contracts the flu in this way.

INCLUSION means they must suffer AIDS and sneeze equally ... you bloody AIDSophobe...