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TWU gets access to trucking operator’s records

Union is given the approval to inspect the employment records of non-members working for trucking operator Arkwood

By Brad Gardner | October 2, 2012

A trucking operator recently caught employing its drivers on the wrong Award has been ordered to open its books to the Transport Workers Union (TWU).

Fair Work Australia has given the TWU the authority to inspect the workplace agreements, payslips, time sheets and work diaries of non-union members working for waste management transporter Arkwood.

The TWU applied for the order on the suspicion the company was taking adverse action against its members.

“The suspected contravention relates to a number of matters including the treatment of members and non-members in relation to the offering of individual flexibility agreements under relevant awards,” FWA Commissioner Ingrid Asbury says.

“I am satisfied…allowing officials of the TWU to inspect and make copies of specified non-member records is necessary for the investigation of the suspected breach.”

FWA in June ruled that the Queensland-based Arkwood should have employed its drivers under the Waste Management Award instead of the Road Transport and Distribution Award.

Drivers employed under the Waste Management Award are entitled to an industry allowance of 11 percent of their standard rate.

A representative for Arkwood was unavailable for comment when contacted by ATN today.

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