Telco techies join class action over sham contracting

Thousands of telecommunications technicians who missed out on pay and entitlements after being wrongly categorised as subcontractors are eligible to join a class action launched by Shine Lawyers. 

The firm alleges BSA Limited (ASX: BSA), a company which has supplied a workforce to Foxtel, Optus and NBN Co since 2003, should have instead treated the technicians as employees. 

Class Actions Practice Leader Vicky Antzoulatos said the case, lodged in the Federal Court of Australia, will argue the technicians are covered by the Fair Work Act (2009) and Telecommunications Services Award. 

“We allege this publically-listed company has misrepresented the nature of its engagement with its technicians,” Ms Antzoulatos said. 

“The technicians believed they were subcontractors when we say in all respects, they were employees and are entitled to minimum wage, overtime, sick leave, annual leave, and superannuation. 

“We believe the technicians ended up with considerably less money in their pocket as a result of sham-contracting and this type of system of work needs to be called out, especially during these tough economic times when people are hurting.” 

The legal action is funded by Australian litigation funder, Litigation Lending Services Ltd. 

“We’re pleased to provide financial support for this class action on behalf of hardworking technicians who it is alleged have been disadvantaged by unfair work schemes,” said Senior Litigation Manager Lisa Brentnall. 

Shine Lawyers encourage all telecommunication technicians engaged by BSA, either directly or via an intermediary (sub-prime), from 2003 to date to register their interest in the class action.