Published: 15 Jan 2018
Most workers on the Inpex and Wheatstone Offshore HUC projects would be aware by now that the CFMEU is pursuing Clough and MAS for millions of dollars of unpaid superannuation.
Between the two projects, the CFMEU estimates that workers are owed upwards of $5 million through the (incorrect) use of quarterly ‘capping’ of superannuation entitlements.
Under the terms of the Clough and MAS Enterprise Agreements, employees are entitled to be paid superannuation for all hours worked - capped to 12 hours per day. There is nothing else in the Enterprise Agreement that limits the amount of superannuation paid to workers.
Over the next couple of days, CFMEU lawyers will be writing to both Clough and MAS requesting backpayment of superannuation on the Inpex and Wheatstone HUC projects.
If the matter is not settled within 14 days from receipt of the CFMEU’s Letter of Demand, the CFMEU will commence legal proceedings in the Federal Circuit Court.
The CFMEU believes that a claim of this magnitude is better addressed by the Federal Court or the Federal Circuit Court than the Fair Work Commission. It is almost inevitable than any decision made in the Fair Work Commission will be appealed to the Federal Court and proceedings in the Fair Work Commission will simply delay the matter being finalised.
Over half of all workers employed by Clough and MAS have signed onto the CFMEU claim for backpay. The Union encourages you to contact your mates who are working (or have previously worked) on the Inpex and Wheatstone HUC projects and encourage them to get their contact details sent through to the CFMEU.
All correspondence sent through to workers in group emails by the CFMEU will be blind copied in to ensure that the Clough and MAS bosses cannot access the email recipient list.
While it's true that the CFMEU are not party to the Offshore HUC Enterprise Agreements, this does not prevent the CFMEU representing members who are incorrectly paid, who are unfairly treated or are injured working on the HUC projects.
The CFMEU can guarantee that it has the legal capacity and resources to take on multinational corporations where and when they do the wrong thing.
It is up to workers whether they join or don’t join a union. However, if you are a CFMEU member, you have the backing of a union that makes no apology for being 100% on your side. All workers on the HUC project who want effective representation are encouraged to join the CFMEU.