Court date set for telco 'sham' contractor
- 20 December, 2018 11:15
The court date has been set for the 'largest class action" lawsuit in Australia between Shine Lawyers and workforce management company, ISG Management (now known as Tandem).
The two are set to face off in the first directions hearing at the Federal Court in Melbourne on 21 December before Justice Bromberg.
Shine Lawyers are describing the situation as one of the “most important Australian employment cases ever run.”
ISG Management (ISGM) is being brought to task over it’s ‘sham’ contracting practices and previously said it would vigorously defend the claims.
Shine Lawyers alleges ISGM “misrepresented the true nature of a contractor’s employment arrangements, leading them to financial and personal hardship,” and believes about 4,000 workers could be eligible to join the class action.
ISGM managed installation and maintenance telecommunications subcontractors for Telstra, NBN Co and Foxtel.
“Our investigations have revealed that telecommunications workers who were purportedly employed under sub-contracting arrangements, were actually employees of ISGM and therefore entitled to benefits such as wages, leave, allowances and overtime payments under the Commonwealth Fair Work Act and the relevant Telecommunications Services Award,” Shine Lawyers’ special counsel for class actions, Vicky Antzoulatos, said in November.
A Tandem spokesperson said the company was aware of the claims being made, and will vigorously defend them.
"These arrangements have previously been reviewed by relevant regulators with no adverse findings made," a Tandem spokesperson said.
"Our contractors are free to provide services to others, have the right to delegate work, have the right to refuse to perform work for Tandem, provide their own equipment and insurance and are paid per job."