Adelaide transport company made to back-pay workers a total of $374,000

Yesterday the Fair Work Ombudsman released news of successful legal action against an Adelaide Transport Company.

The drivers’ minimum wages and a range of other entitlements were underpaid between 2007 and 2009 by the company, which linehauls bulk petroleum products into the Northern Territory, NSW and Western Australia.

After an investigation and legal action by the Fair Work Ombudsman, the Industrial Relations Court of South Australia penalised the company a total of $93,000 and, in addition, ordered it to back-pay the 10 truck drivers their outstanding wages, plus superannuation and interest totaling $374,487.

However, after The company lodged an appeal, the company ordered to pay approximately $468,000 to the Court, which held the funds in trust pending the outcome of the appeal.

After dismissing the appeal, the Federal Court made orders late last year allowing for the money to be released from trust and paid to the truck drivers.

The truck drivers have now received back-payments ranging from $8,012 to $91,566.

In dismissing the appeal, the Federal Court rejected The company’ argument that the compensation payable to two of the drivers should be reduced because it had entered into Deeds of Release with drivers prior to the Fair Work Ombudsman commencing legal action.

Justice Richard White found that the Fair Work Ombudsman was not bound by the Deeds of Release between the company and the drivers. He found that because there was no genuine legal dispute between the company and the drivers at the time the Deeds were signed, the Deeds were an attempt to contract out of the company’s obligation to pay the drivers their minimum Award entitlements.

Justice White also rejected The company’s arguments relating to a third driver the company claimed was covered by a Collective Agreement during the underpayment period.

Are You A Business Owner In Need Of Expert Help?
ISOsafe offer Fairwork support to businesses Australia-wide. One of our Specialists will visit your workplace to review your processes and documents. Based on this, we will provide you with advice, compliance documents, training and a detailed report containing areas for improvement. Call ISOsafe today on 1300 789 132.
 

Does your business handle glass sheets? Safe Glass Handling information for Glaziers, Distributors and Manufacturers

In December 2016, a glazier suffered fatal crush injuries while using an overhead crane to move packaged sheets of glass. Whilst suspended slightly above an A-frame rack by the timber packaging, the vertical steel straps were cut to remove the bottom plywood sheet in preparation for lowering the pack onto the A-frame and unpacking the glass. Failure of the packaging resulted in the glass falling and toppling, fatally injuring the glazier.

An increasing number of products are being received from overseas, where the methods and quality of packaging may vary considerably.

How do employers and businesses avoid injuries related to handling glass?
Consult with your supplier regarding the design and construction of the packaging. Obtain information on whether the packaging has been designed and constructed to support its contents, and how the packs should be lifted and opened.

When lifting packaged sheets of glass:
don’t assume the packaging will support the contents.
only use lifting points on the packaging that are specifically designed for lifting purposes and are rated to support the weight of the glass and all packaging. Lifting points must only be used when the packaging has been specifically designed and constructed to support the contents.
in the absence of specified lifting points, use  slinging techniques that do not rely on the packaging to support the contents.
always inspect the packaging for signs of weakness or damage prior to all lifts.
ensure the work area is appropriate to perform the work – it should be even, well maintained and of sufficient space  without obstacles, allowing workers and mechanical handling equipment space to move freely.
keep suspended loads as close to the ground as practical.
ensure no-one is working under a suspended load, including any potential fall zone.

When opening packaged sheets of glass:
ensure the packaging is opened by workers trained in the safe handling and unpacking of the contents.
don’t open packaging while the load is suspended i.e. the packaging should be fully supported on an A-frame or similarly designed structure before any straps are cut.
packs of glass sheets should be restrained prior to any straps being cut.
where it is not reasonably practicable to restrain packs, stand at the end, rather than in front, of the sheets when removing the straps or packaging.

Other considerations include:
Ensure glass sheets, or packages of glass sheets, are stored on their edge with a three to five degree (3º 5º) lean (four degrees (4º) is optimum), and on a suitable 90º A-frame or similarly designed structure as shown below.
Ensure that the rack is constructed to support the weight evenly and is load rated. Do not exceed the safe working load of the racking.
Ensure that the racking is stable and of appropriate weight, shape and size to support packaging and glass sheets, and to allow for the safe removal of packaging.
Ensure the racking is regularly inspected for damage.
Ensure appropriate restraints with fasteners are used to store packs and glass sheets. Ensure the restrains and fasteners used allow singular glass sheets to be removed while simultaneously restraining other sheets.
Ensure that there is space between the ground and the racking to allow packs or glass sheets to be removed with mechanical lifting equipment.

Need Expert Help?
ISOsafe offer Health and Safety support to businesses Australia-wide. One of our Specialists will visit your workplace to review your processes and documents. Based on this, we will provide you and your staff with training and a detailed report containing areas for improvement. Call ISOsafe today on 1300 789 132
 

Trying to work out why you didn’t win that last Tender Application? ISOsafe take a closer look at the secrets to Contract and Proposal Preparation

Companies looking to apply for a local authority or government contract typically experience a pre-qualification stage to get themselves on the contracts list. For this stage, companies will need to answer questions on health, safety and environmental management for which we can complete the documentation for on your behalf.

How Does ISOsafe Help You Grow Your Business?
We specialise in completing pre-qualification questionnaires and tender documents, with a proven track record of helping businesses win contracts and gain a competitive edge.
We have assisted clients in winning contracts in excess of $10 million, helping businesses who have previous tender scores of 60-70% increase their range to 90% plus, based on their high standards of health, safety, environmental and quality management.

What Other Benefits Can You Expect?
We can also help clients:
Complete all health, safety, environmental and quality questions in tender documents accurately
Become compliant with all applicable legislation
Achieve certification to ISO standards and score higher in tenders
Assist them in registering in tender portals and websites
Include all necessary information in their tender documents that the client wants and needs to see

For further information about how our tendering process can transform your business, simply contact us today – 1300 789 132

How to ensure you're not overlooked next time you fill a NSW Government eTender Application

We help Contractors successfully gain new contracts using the NSW Government eTendering process. NSW Government Etender Suppliers are required to have in place systems that meet Health and Safety (OH&S) and ISO 9001 requirements.

We support you every step of the way from set up of policies through to issuing your ISO9001 certificate.

NSW Government Etender provides a Register of Prequalified Contractors and Consultants. The register lists each company's details and the levels of prequalification currently awarded to the company.

We offer a full maintenance program.
Our annual programs ensure you never have to worry about falling out of compliance due to new requirements. 
 

Ask about our multi-year discounts!

We are the best in the business and guarantee your satisfaction.
 

Our expert staff with over 20 years’ experience has been getting and keeping companies like yours NSW Government eTender compliant.

So, why work so hard at something we are the best at? Let us guide your business through the compliance process - step by step - so you can get back to what you do best!

Get NSW Government eTendering support today.
Call 1300 789 132 to get started.

Are You A Department of Planning and Environment Contractor Seeking ISO 9001?

We help Contractors pass Department of Planning and Environment Contractor Registration process. Department of Planning and Environment Approved Suppliers are required to have in place systems that meet ISO 9001 requirements.

We support you every step of the way from set up of policies through to issuing your ISO9001 certificate.

Department of Planning and Environment provides a Register of Prequalified Contractors and Consultants. The register lists the company's details and the levels of prequalification currently awarded to the company.

All our clients get listed on the Department of Planning and Environment Prequalification Scheme.

We offer a full maintenance program.
Our annual programs ensure you never have to worry about falling out of compliance due to new requirements. 
 

Ask about our multi-year discounts!

We are the best in the business and guarantee your satisfaction.
 

Our expert staff with over 20 years’ experience has been getting and keeping companies like yours Department of Planning and Environment compliant.

So, why work so hard at something we are the best at? Let us guide your business through the compliance process - step by step - so you can get back to what you do best!

Get Department of Planning and Environment Compliant today.
Call 1300 789 132 to get started.