Once again the AMIEU’s position has been vindicated with the Federal Court handing down a decision on Tuesday 5th January. The ‘incentive payment system’ does form part of the 2010 EA and pieceworkers are to be paid incentive rates under the Agreement.
Teys has wrongly been applying the 2013 EA and 2010 EA since 4 October 2013. They must now pay pieceworkers under an incentive payment system going forward and dating all the way back to 4 October 2013.
Most importantly this brings into play the question of back pay. While the company claim to have been calculating this for some time, the union will want to see the basis for these calculations, and if need be, the AMIEU will conduct its own investigations on behalf of our members.
While this has been a long drawn out process over some 2½ years, the faith and perseverance the members have shown is to be commended.
No battle is won overnight, but right will always prevail over might. For those that are interested, the Court’s decision by Justice Bromberg is available here Teys Aust v Australasian Meat Industry Employees Union – [2016] FCA 2
