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Issue No. 313 30 June 2006  
E D I T O R I A L

Spin Cycle
As another successful Week of Action comes to an end, we have again been exposed to the Howard Government’s defence of its IR laws, perhaps the flimsiest in Australian political history.

F E A T U R E S

Interview: Rock Solid
Bill Shorten gives the inside story on the Australian Workers Union's involvement in the Beaconsfield rescue.

Industrial: Eight Simple Rules for Employing My Teenage Daughter
Phil Oswald bought up his kids to believe in their rights; so when his 16-year old daughter was told to cop a pay cut she was never going to take it quietly.

Politics: The Johnnie Code
WorkChoices is encrypted deep in the PM's political DNA, writes Evan Jones

Energy: Fission Fantasies
Adam Ma’anit looks at the big business push behind the 'clean nuclear' debate that is sweeping the globe.

History: All The Way With Clarrie O'Shea
The WorkChoices Penal Powers are the latest in a long line of penal sanctions against trade unions, writes Neale Towart

International: Closer to Home
If Australia can forgive its debt to Iraq, why not to Indonesia and the Philippines, write Luke Fletcher and Karen Iles

Economics: Taking the Fizz
While the Treasurer has been popping the post-Budget champers, Frank Stilwell gives a more sober assessment.

Unions: Stronger Together
Amanada Tattersall looks at the possibilities of strengthening alliances between unions, environmental and community organisations

Review: Montezuma's Revenge
Tommy Lee Jones directs and stars in a film about racism and retribution, writes James Gallaway.

Poetry: Fair Go Gone
Employers in the land rejoice, for we are girt by greed.

N E W S

 Bold Post Spy at Rally

 NRL Throws Tradition a Dummy

 Ballarat Derails AWA Push

 Graphic Glimpse Behind the Veil

 Biz Blows Cover

 John Howard Vs God (0:1)

 Andrews A Bit Rich on Wages

 Sydney Backs Booze Deliverers

 Record Numbers in Blacktown

 Hardie Busted Over Burn Victim

 Sacked Mum Has Last Laugh

 Unions: Book Dodgy AWA Bosses

 Jobs War Gathers Pace

 Activist's What's On!

C O L U M N S

The Soapbox
The Beaconsfield Declaration
As the Prime Minister feted Brant Webb and Todd Russell, their colleagues were outside with a message to the rest of Australia.

The Locker Room
Run Like You Stole Something
Phil Doyle observes that there are some tough bastards out there.

Parliament
The Westie Wing
That fun-loving friend of the workers, Ian West, reports from the red leather of the Bear Pit.

Education
Class Action
Phil Bradley draws the lines between education funding and the current skills crisis.

L E T T E R S
 Man-Goat Love Drug Link
 Dare To Dream
 Better Get A Lawyer
 The Last Laugh
WHAT YOU CAN DO
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News

Graphic Glimpse Behind the Veil


In a legal first, the AMWU has won the right to join a phoenix company to action against an employer who dudded workers of hundreds of thousands of dollars.

The full bench of the NSW Industrial Court decided, last week, that new entity, Digital Graphics, could be listed as a respondent to an unfair contracts case against David Graphics.

It found there was an arguable case that when Digital Graphics took over the premises, business and goodwill of David Graphics the arrangement was a scam.

Ten AMWU members can now seek redress from a company that was never, technically, their employer.

Turner Freeman lawyer, Stephen Penning, hailed the decision as "excellent".

"It's an opportunity for the court to go behind the corporate veil, to lift the corporate veil, to look carefully at what occurred in the relationship between the liquidation of David Graphics and the establishment of another company, a different legal entity, Digital Graphics," Penning said.

"It's very important in terms of the significant loss of employee entitlements.

"It allows the Australian Manufacturing Workers Union, on behalf of those workers, to seek to proceed in court."

The David Graphics saga began when the company, operated by Sydney businessman Alan Thomas David, went into voluntary administration in November, 2003.

As his business was consigned to its commercial grave another print company took over its premises and work.

According to the AMWU, it was operated by David's daughter and a "close personal friend". David, himself, was taken on as a consultant.

The AMWU accused the original company of sitting on super contributions, salary sacrificing and health fund premiums for more than a year.

The David Graphics administrator confirmed that a number of AMWU members had lost super entitlements and health fund contributions.

Turner Freeman is pursuing the unfair contracts claim on behalf of 10 AMWU members who claim to have been dudded of $90,000.


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