18 May 2006 - Media Release

Update on underpayment of Filipino skilled migrant workers in ACT restaurants

On Wednesday, 8 February in the Senate I raised a matter of public interest relating to the employment of skilled migrant workers who had been forced to work under quite appalling circumstances for well below Australian federal award rates in some of Canberra’s restaurants and cafes.

It has been extremely heartening to see the support from responsible employers who have been similarly dismayed at the treatment of these workers and the support from the community, which has led to six of these workers finding new employment.

In Senate Estimates on Monday 13 February, the Department of Immigration and Multicultural Affairs (DIMA) confirmed that as many as 20 workers have lodged complaints about their employment conditions under the 457 subclass visa, involving no less than six Canberra restaurants.

On 7 March this year I noted that the Department of Employment and Workplace Relations (DEWR) found that two employees of Zeffirelli's pizza restaurants were owed $510.92 for every week worked.  Since then the Howard Government has announced that they are seeking court penalties against Harrington Corporation (trading as Pangaea Bar and Restaurant) for a number of breaches of the Liquor and Allied Industries Catering, Café, Restaurant, Etc (ACT) Award 1998, with the Federal Magistrates Court due to hear the case on 19 and 20 June 2006.  

Despite progress on behalf of the workers formerly employed at Pangaea, the OWS has been slower at progressing other claims.  It is my understanding that the skilled Filipino workers from Zeffirelli restaurants have not heard from OWS since the 17 February, and it appears their wage claims have not progressed since initial DEWR findings.  It is inexplicable that they haven't moved to prosecute Zeffirelli's too.

This is a frustrating situation.  Despite the OWS having determined that money is owed they have not yet initiated prosecution of employers clearly found to be in breach of the relevant award and therefore the Workplace Relations Act 1996.  I call on the Minister to intervene and ensure that these workers are paid what they are rightfully owed under the Award and if need be, proceed to prosecution.

That said, last week after the ongoing campaign by the LHMU and ACTU, the Holy Grail finally settled on an amount determined by the OWS, which according to the LHMU was made difficult because of inadequacies in the Holy Grail's record keeping.  It is also my understanding that another employer, Milk and Honey Pty Ltd, immediately complied with the Office of Workplace Services findings and that all underpayments to both overseas and local employees were rectified some time ago. 

Last week the Office of Workplace Services (OWS) announced that it had launched an investigation of some 40 Canberra restaurants and that about 260 restaurants in the ACT had been written to reminding them of their legal obligation to keep accurate time and wage records and to pay workers in accordance with their statutory obligations. 

It begs the question of how many potential breaches of the law are occurring Australia-wide if as many as 40 restaurants in the ACT alone warranted investigation!

Further issues have also developed concurrently with the ongoing pursuit of wage claims for the Filipino skilled migrant workers, one of which is an Australian Federal Police investigation into the alleged kidnapping of Mr Margarito (Gary) Sorrosa. 

I note that on 3 May, the LHMU formally wrote to the Commonwealth Ombudsman and lodged a formal complaint against the Australian Federal Police on the basis that the matters relating to the alleged kidnapping had not been adequately investigated by the AFP.  The union states in the complaint that Mr Sorrosa has never even been contacted by the AFP. 

I personally wrote to the Commissioner of Police Mick Keelty, on 16 March, regarding the status of the investigation and was assured by phone that these matters were being investigated.  I have not however been advised of any findings of this AFP investigation.

There are also a number of broader issues which have emerged since the LHMU first began pursuing these matters.  First is the inadequacy of employer sanctions under the Migration Act 1958, as distinct from the Workplace Relations Act 1996.  To date I am unaware of any sanction being imposed by DIMA on the employers found to be in breach of the 457 visa provisions, due to non payment of the Award, and that neither the union or the workers have heard anything from DIMA in relation to their cases.

Secondly, future foreign workers and holders of the 457 skilled migration visa will face significantly less entitlements and conditions than previously awarded, given any new employee may only be offered employment under the Government's minimum standards.

Finally, I would like to note that the OWS has been extremely slow to act on these issues, both in relation to investigating and making findings relating to these workers and in proceeding to prosecution of the employers who, despite the OWS findings, have still not paid the workers.

Clearly the OWS is not capable of doing the work of unions, and it must be remembered that without the involvement of the union and Federal Labor in Parliament, these vulnerable workers would have remained unrepresented, underpaid and exploited. 

Once again I congratulate the LHMU who have been acting on behalf of their members, and importantly recognise the courage of the Filipino workers for telling their story and fighting for their rights (and recently received Unions ACT 2006 May Day Award). 

These workers – like all Australian and migrant workers - are worse off under the Howard Government's extreme IR laws.

Contact: Adina Cirson 0418 488 295 or 02 6277 3334

10 May 2006 - JOINT MEDIA RELEASE

Senator Kate Lundy, Shadow Minister Sport and Recreation
and Julia Gillard, Shadow Minister for Health and Manager of Opposition Business

Abbott claims Australia suffering obesity epidemic – but does nothing

The Minister for Health has today described Australia as being in the 'grip of an obesity epidemic', and yet this budget shows that the Howard Government is content to stay on the couch on this issue.

The 2006 Budget has not delivered a single additional cent to address rapidly increasing rates of overweight and obesity.

The Howard Government has lost yet another opportunity to improve the diets and increase the low physical activity levels of many kids and their families.

Research has proven that childhood overweight and obesity puts children at risk of chronic diseases such as diabetes, heart disease and cancer as early as their teens.

More physically active kids can be achieved through greater participation in recreational and sporting activities, so it is unbelievable that the Government has ignored the demand for at least 50,000 more places in the Active After Schools Communities (AASC) Program.

It is Labor who has taken the lead on the issue of obesity and it is Labor’s Children’s Health Blueprint Goals for Aussie Kids which sets out long term goals necessary to build a healthy future for our kids and country.

Contact:: Adina Cirson 0418 488 295 (Lundy) or  Kimberley Gardiner 0417 428 123 (Gillard)

10 May 2006 - Media Release

Junior sports clubs miss out and so do our kids

An important opportunity has been lost with the Howard Government ignoring grassroots sport, providing nothing in this budget for local clubs and community sporting organisations who continue to struggle because of lack of funding and increased pressures.

While Labor welcomes increased funding to elite sport, it is fair and reasonable that grassroots and community sporting organisations were equally deserving of a funding boost.

The bottom line is that junior sport underpins elite performance in the future.  So while the Howard Government is spending big on talent identification in this year's budget, clubs will struggle over time to produce talented athletes and players if there is no additional funding aimed at supporting junior sport.

Key points in this years budget are;

50,000 children have missed out on a place in the Howard Government's Active After School Communities (AASC) this year alone.  Where is the funding boost for these programs?

It is only through increased participation in sport and recreational activities that adults and children can remain active and therefore healthier. 

This budget represents an opportunity lost to solve the problem of rising obesity.  The Government can't be trusted on this issue.

Contact: Adina Cirson 0418 488 295 or 02 6277 3334 

10 May 2006 - Media Release

VSU compo for sport doesn't add up

The Howard Government's pathetic attempt to compensate for the damage to community and university sport is a con.

University sports bodies invest almost $40 million of student fees on recreation facilities and services each year – the VSU legislation will strip more than $30 million out of their budgets.

Universities maintain and manage over $600 million of sporting facilities – placed in jeopardy with removal of guaranteed income streams.

The Howard Government's response in this Budget?

*$2.5 million per year for the next four years to regional campuses to encourage sport and recreation in regional areas.

This represents just 8% of the annual loss universities will suffer across the board - suburban and inner city campuses get nothing.

*$81.6 million allocated over 4 years, which peters out to $5.3 million in the fourth year to assist with the construction and maintenance of university sporting facilities.

It is unrealistic to expect that the 38 universities and sports unions across the country will be able to maintain $600 million worth of facilities and repay loans after their key revenue stream is cut by up to 80%.

The Federal Government is undermining future opportunities for our kids to be involved in sport and recreation at all levels. This funding will not pacify the outrage of students, their families and university sport organisations as a result of the Government's attack on student services.

Contact: Adina Cirson 0418 488 295 or 02 6277 3334