LAME Awarded $85,000 by Federal Court

[ALAEA Fed Sec]

G'day all,

Today the Federal Court of Australia awarded a dismissed LAME $84,892 plus interest over a series of incidents that led to his dismissal 12 months ago. The case was the second finding the ALAEA has prosecuted under the new adverse action provisions under the Fair Work Act and only the third successful case in the country. The full decision can be read here -

Australian Licenced Aircraft Engineers Association v International Aviations Service Assistance Pty Ltd [2011] FCA 333 (8 April 2011) (http://www.austlii.edu.au/au/cases/cth/FCA/2011/333.html)

In summary.

Our member Djoko Puspitano was sacked once, re-instated after we took them to court for unfair dismissal and then sacked again a few months later.

The company, IASA, have been ordered to pay him the money and now await a further hearing to determine the fines they must pay for the three breaches. Qantas are awaitng a similar penalty hearing after being found guilty of breaching similar laws in January in the Luke Murray case.

I hope you are reading this Sunstate. We are now preparing the papers for the 100 or so breaches we will be claiming you have taken part in with what we say are unlawful wage dockings. Each breach carries a fine of up to $33,000 plus damages. Managers can be held personally liable.

cheers
Steve P

[ampclamp]

woohoo !
Nice work guys.
That is fantastic news for the claimant.
Very timely decision too considering the current problems.

[Righty Tighty]

Good work boys,
It's a pitty we can't get the two Goon's in CNS for harasing LAME's till the point that they had to leave the company.
At least 10 Lames have left due to notsew and sniggih and all with the blessing of GH.

[Horatio Leafblower]

Nice work, ALAEA.

...compare and contrast wit the work being done (or not) by the AFAP.

"We aren't a union"... that's right and the ALAEA is "only" an "association" :rolleyes: but look what they can achieve, boys :D

[Disengagement]

Well Done Steve and the Gang:ok:

[bandit2]

Well done ALAEA!!!!

[empire4]

Well done Steve and Boys.

however this is a bit worrying:

"The correspondence exhibited to his affidavit of which he was the author also suggests that his written skills are not those of a person whose first language is English. He was assisted by an interpreter of Indonesian on occasions when giving evidence."

not really happy if i was flying on this aircraft.

[Don Diego]

H L

The AFAP would love to prosecute such if only they could find pilots with enough conviction to see it through.

Well done ALAEA!!!

[Anulus Filler]

Well done Steve and the Bexley boys. Makes me proud to be a member of this great association. :ok:

[Arnold E]

Old school says "good work" :ok:

[ALAEA Fed Sec]

From the SMH.



AAP
An Indonesian aircraft engineer employed on a visa has been awarded $85,000 in compensation after the Federal Court ruled his employer had breached work laws.
The case is believed to be the first of its kind where the court has found an employer guilty of breaching the Fair Work Act and awarding $85,000 compensation for lost wages including compensation for hurt and humiliation.
In April 2009 Djoko Puspitono was working in Perth for International Aviation Service Assistance, which carries out aircraft maintenance for Garuda.
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After complaining about not receiving overtime, the employer reviewed Mr Puspitono's performance and sacked him.
He was reinstated after making an unfair dismissal claim but five months after, his employer told Garuda his personality was unsatisfactory, which meant he lost his authorisation to work on Garuda aircraft, and was sacked again.
Mr Puspitono's lawyer Giri Sivaraman said the Federal Court's decision sent a message that workers had a right to raise concerns about their pay and entitlements without fear.
"Mr Puspitono was treated in a disgraceful way by his employer," he said.
"He lost his right to stay in Australia and has had to return to Indonesia.
"His health has suffered (and) his family suffered because they relied on his wages for his children's education and housing costs in Indonesia."
Mr Sivaraman said the court decision had set several precedents including the fact that the court could order employers to pay lost wages, compensation and damages for humiliation.
"It also highlights that making a negative assessment of an employee that adversely affects the continuation of his employment is adverse action," he said.
The issue of costs, penalties and interest will be heard on April 12

[mainwheel]

IASA, a joke!!

The GM's favourite TV show is Donald Trump in that series where he says "your fired". Amazed they still have contracts in place.

How not to run a company but spin a buck.

[Sunfish]

Well done!

So this is the Qantas model?

[airsupport]

Well done Steve, and to all involved. :ok:

[lordofthewings]

Recently offered a job with this company to work in Timor.
Offer was $95k inclusive of Super. Told them to sharpen the pencil.
After reading this post, doesnt supprise me the kind of half rate mob they are.:ok:

[Worrals in the wilds]

Onya! :ok::D:cool:

[Ngineer]

This is the new era of business in Australia. Companies turning their backs on our kids future and exploiting the 457 visa system.

A good win for the ALAEA, but not worth the headache for the poor bloke and his family.

Think it wouldn't happen at QF? Who knows. We already have 457 guys working on our fleet in Australia.:eek:

[ALAEA Fed Sec]

Wouldn't happen at Qantas? It already has. This mob do contract work for them on the IFE system. Work we once did in house.

[mainwheel]

As part of the visa application would a company first be required to explore and advertise all local sources to fill the job. Could an Australian CASA licenced LAME get the approvals from the operating airline.
Mail is an ex QF guy in CNS was recently diddled and replaced with a much less qualified foreigner by same company for CX ops.:=

[ALAEA Fed Sec]

As part of the visa application would a company first be required to explore and advertise all local sources to fill the job.


No they don't have to advertise. It's just got to be on the Johnnie Howard list of endangered species they want to import into the country as a cheap source of labour. Aircraft Engineers are on the list.

[airsupport]

Aircraft Engineers are on the list.

We are on the list of endangered species. :eek:

Cool, I will tell my Grandkids, that will impress them. :ok:

[empire4]

Fed Sec,

Why isn't the association actively campaigning to have us removed from the list. Quite clearly it is not in the members best interest to be on there. This has happened long enough.

[fruitloop]

Well done ALAEA....

[airsupport]

Steve,

I have a question about this, and you would be the one that would know the answer.

Is there or is there not a shortage of LAMEs/AMEs in Australia? :confused:

The reason I ask is, as you know I have been retired for quite a few years now however, I still get asked often and quite recently about doing some contract work in the Industry. :confused:

So, endangered species or not??? :confused:

Best regards,

airsupport

[ALAEA Fed Sec]

To be honest, I think there is a shortage in this country. I don't know any of my former workmates who have left Q and have failed to find work if they want it. Most have had calls, possibly I'm the only one who hasn't.

We would be banging our heads up against a brick wall trying to get AMEs/LAMEs removed from the list. Of course it does not suit us but the shortfall has been created by the companies that have not taken on apprentices (Virgin) and taken on about a quarter than they have in previous years (Qantas). 1970-1985 on my account, the big 3 were taking on about 400 first year apprentii each year, now Qantas thinks it is a good corporate citizen by employing about 30.

[airsupport]

Okay, thanks, that is what I thought. :ok:

Just nobody tell the Employers. ;)

[ALAEA Fed Sec]

They wouldn't read this site. :}

[aveng]

Could an Australian CASA licenced LAME get the approvals from the operating airline.

Believe me, smart lame's stay well clear of IASA.;)

[sky rocket]

Well done. There might still be a hope for our children.

[division1]

Breaking news, IASA has gone bust.
Commiserations to their workers, apparently owed wads of cash.
To think QF spoon fed them to try and take over the Jetstar 330 maint.
QF will be left high and dry with the Rockwell ife maint now.
What other operators have been left in the lurch?
Outsourcing... reap what you sow.

[another superlame]

Wow Division1 i am a bit speechless. No doubt this will cause QF some drama without the LAMEs being involved at all.

This is QF reaping what they sow.

[Jethro Gibbs]

Breaking news, IASA has gone bust.


Wel thats the lames 85k gone no hope of getting it now.:ugh:

[unionist1974]

A very good result , congratulations to those at the union that prosecuted this result

[Jethro Gibbs]

A very good result , congratulations to those at the union that prosecuted this result

Yeah but no CASH here chopper

[1a sound asleep]

IASA supposedly had approvals at the following airports and were subject to a wind up order. Be keen to know if all branches are still operating as on ASIC they are UNDER EXTERNAL ADMINISTRATION and/or CONTROLLER APPOINTED.


Brisbane (Australia)
Cairns (Australia)
Clark (Philippines)
Denpasar (Indonesia)
Guangzhou (China)
Hong Kong (China)
Incheon (Korea)
Jakarta (Indonesia)
Kuala Lumpur (Malaysia)
Manila (Philippines)
Melbourne (Australia)
Osaka (Japan)
Penang (Malaysia)
Perth (Australia)
Qingdao (China)
Singapore (Singapore)
Sydney (Australia)
Xiamen (China)

[division1]

The website uses this picture of their expertise to lure future employees,
As one of their better lames once apologetically explained to me
they are a bunch of cowboys to work for,
picture worth a thousand words...
http://www.iasaglobal.com/Uploads/Images/employment_pic.jpg

Hey unionist, that's not you there per chance?

[ALAEA Fed Sec]

A very good result , congratulations to those at the union that prosecuted this result


Thank you, we were pleased when we heard this today. This is one two bob maintenance outfit who walked into multi million dollar contracts with Qantas that cost countless avionic LAMEs real work. They have been undercutting industry rates and failing to pay super and other entitlements to their workers. They have been found guilty of acting illegally against foreign workers at the expense of Aussies and to the detriment of the poor buggers who want to be Aussies.

Mario - Would you like to tell me again that you don't deal with unions?

[Jethro Gibbs]

A very good result , congratulations to those at the union that prosecuted this result

Very true but has the lame got his 85k before they went A up ?

[ALAEA Fed Sec]

Very true but has the lame got his 85k before they went A up ?


No. He is back at home in Indonesia and lines up as a creditor like everyone else. Remember though there are a couple of dozen employees that IASA owe thousands in unpaid super also. Better those jobs move to someone who pays them correctly.

This mob had a LAME working in Sin who had a falling out with them due to unpaid wages. He resigned and went to leave the country but they wouldn't let him leave becasue he owed $7500 in unpaid income tax. The company had just pocketed the money and not paid it to the tax dept. The Engineer was put in custody until he could find the money himself.

This mob needs to be shut down and the managers put in jail.

[listentome]

Pity someone can't line up AMSA next, I'm sure they come close to exploiting the 457 process at the expense of Aussie jobs?

[Nudlaug]

This mob had a LAME working in Sin who had a falling out with them due to unpaid wages. He resigned and went to leave the country but they wouldn't let him leave becasue he owed $7500 in unpaid income tax. The company had just pocketed the money and not paid it to the tax dept. The Engineer was put in custody until he could find the money himself.

This mob needs to be shut down and the managers put in jail.

Wow, what a bunch of pricks! I really do hope those responsible will be brought to justice. I mean that's just unheard of, that's stuff for newspapers, ACA or similar..... I mean seriously! That's bad stuff!:yuk::yuk::yuk:

[Nudlaug]

Latest, yet unconfirmed rumor is that an IASA manager took off with 500k out of their account. And when the wages were due to be paid the bank said "ummmm, excuse me, but you haven't got enough money to pay the wages....". That's when the poop hit the fan

[Sunfish]

Nothing will change until there are Three smoking holes in the ground.

[BrissySparkyCoit]

Just got word that IASA have gone belly up! Its all over.

[Short_Circuit]

A very good result , congratulations to those at the union that prosecuted this result Hopefully the IFE work on QF aircraft will come back to QF Engineers where it should have always been. :ok:
The buggery campaign of 2008 is slowly crumbling.:D

[BrissySparkyCoit]

Wouldn't hold your breath. They'll bust their guts to find an alternate provider.

[tgbgtgb]

Wouldn't hold your breath. They'll bust their guts to find an alternate provider. To me it sounds like it could be a golden opportunity for QF ACS to pick up some customer work from some customers who may well be currently scrambling to come up with someone to keep going with business as usual.

Unfortunately I dont see this happening at all. Opportunity sadly wasted.

[Clipped]

QF ACS to pick up some customer work

Your kidding aren't you. Management will tell you (for years now that the perpetual lie is just tiresome), that they are actively pursuing customer contracts when in reality they have no intention in doing so until LMO (not ACS) exists in a new form.

It amazes me how IASA were so well run that they were favoured to provide maintenance services to Qantas. Begs the question, just how robust was the tender process?

"Are they cheap". "Yeh". "Will take 'em". "Just keep the ALAEA away".