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Article

21 Nov 2018

Author:
Damian McIver, ABC News

Telecommunications subcontractors launch one of the biggest class actions in Australia

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Telecommunications workers have launched what lawyers have called an "unprecedented" class action, alleging they are victims of sham contracting.  The case is against workforce management company ISGM (now trading as Tandem Corporation), which supplies subcontractors to Telstra, Foxtel and NBN Co.  "In terms of class actions, we think this particular action is the biggest in Australia [involving workers] and probably quite unprecedented," said Vicky Antzoulatos, a special counsel for Shine Lawyers, which is running the case.  "We expect that there's over 4,000 people that are eligible to join the claim."...

[L]awyers alleged that the subcontractors engaged by ISGM from 2011 onwards were legally entitled to be treated as employees and should thus receive significant compensation.  They said the company had overarching control of the workers, including the hours in which they were available to work, and the circumstances in which they could work for others.  "Those rights include the right to receive a wage, to annual leave, long-service leave, to overtime and other allowances."

Tandem (ISGM) denied the allegations and said its arrangements with subcontractors had been approved by regulators...The lead applicant in the case...said his experience working for the company had a devastating impact on his mental health...