||Issue No. 313||30 June 2006|
Interview: Rock Solid
Industrial: Eight Simple Rules for Employing My Teenage Daughter
Politics: The Johnnie Code
Energy: Fission Fantasies
History: All The Way With Clarrie O'Shea
International: Closer to Home
Economics: Taking the Fizz
Unions: Stronger Together
Review: Montezuma's Revenge
Poetry: Fair Go Gone
The Locker Room
Dare To Dream
Better Get A Lawyer
The Last Laugh
Graphic Glimpse Behind the Veil
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.
|Search All Issues | Latest Issue | Previous Issues | Print Latest Issue|