Fed Govt’s ‘no AWA, no job’ IR laws used to sack worker after 24 years service

Despite saturation advertising by the Federal Government claiming that workers cannot be sacked for refusing to sign an AWA individual contract, another case revealed today shows an employer has used the IR laws to sack a service station worker after 24 years service.

The ACTU today called for an investigation of the employment practices of Melbourne-based petrol station chain 'United Petroleum' and its general manager David Szymczak following reports the company sacked service station worker Brian Jeffrey after 24 years service for not signing an AWA individual contract.

Mr Szymczak is reported today as denying any workers were offered AWAs or that employees at the former Mobil service station in Darwin's Bagot Rd were sacked 'en masse'. But Mr Szymczak's comments are contradicted by Mr Jeffrey's Centrelink employment separation certificate which states the reason for his sacking was: 'SALE OF BUSINESS. EMPLOYEE WAS CASUAL AND CHOSE NOT TO TAKE ON NEW OWNERS AWA'.

Mr Jeffrey had worked at the service station since it opened 24 years ago. He had been employed as a casual, earning $17.19 an hour for 32.5 hours a week. Mr Jeffrey received no redundancy payment.

United Petroleum's general manager David Szymczak is reported as stating "Unfortunately the [petrol station] agent did not need all the workers and the casual employee missed out".

However this comment by Mr Szymczak is also contradicted by the agent, Mr Chris Kodai, who states he had to bring in workers from interstate to help run the service station, "I was forced to bring two workers up from Melbourne just to run the business." (NT News, 1/8/07)

ACTU President Sharan Burrow said:

"This is the ugly face of Australian business -- an employee gives 24 years service and then is apparently sacked for not signing an AWA individual contract. This is immoral and could also be illegal.

Unfortunately it is not the first time that United Petroleum has been unethical in its dealing with employees from service stations it has taken over," said Ms Burrow.

Last year United Petroleum cut its casual employees' pay by up to $190 a week and axed leave loadings by exploiting a loophole in the Federal Government's WorkChoices law when it took over a chain of former Mobil service stations in Tasmania.

At the time, Mr Szymczak said the company's Tasmanian petrol distributor had acted ``to the letter of the Workchoices legislation'' (The Mercury, 6/10/06). He also stated "There's been no exploitation and we take great offence at that [claim]" (Australian Financial Review, 5/10/06). Mr Szymczak was also reported to say "he did not think the ACTU understood the nuances of WorkChoices" (The Age, 6/10/06).

"While the ACTU rejects the suggestion we do not understand the new IR laws, we agree that Mr Szymczak clearly needs no instruction in the unfair and anti-worker nuances of WorkChoices," said Ms Burrow.

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Last Modified: Friday, 10-Aug-2007 11:35:52 EST