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60817
Sat, 05/16/2009 - 04:42
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'Maternity leave' sackings anger union

'Maternity leave' sackings anger union

The Rudd government says it would be concerned if two women were sacked by new
managers from a defence department childcare centre because they were on maternity
leave.

The Brisbane-based B4Kids group took over government contracts in April to manage
the defence department's 21 owned and leased childcare centres following the
collapse of ABC Learning.
The Liquor, Hospitality and Miscellaneous Workers' Union (LHMU) says B4Kids forced
long-serving staff to sign contracts under which they are classified as new workers.
The classification means they lose unfair dismissal protection if sacked within six
months.
One of the facilities, serving the RAAF base at Williamtown, north of Newcastle, has
sacked two women workers who are on maternity leave.
Defence Personnel Minister Warren Snowden said he was concerned by the reports, but
he had yet to see evidence the women were sacked because they were on maternity
leave.
"I'd be very concerned if people were not offered positions because of the fact they
were on maternity leave," he told AAP.
"There is of course no evidence of that, and I'm not in a position to judge whether
that is the case or not."
The union claims the two women were dismissed without being consulted.
Kylie Kurtz, who is 39 weeks pregnant, and Susan Hayne, who has a 10-week-old baby,
received letters from ABC Learning receiver McGrathNicol telling them B4Kids would
not be offering them employment as they were "redundant to the needs of the
business".
"There's no excuse for what they've done in relation to Kylie and Susan," the LHMU's
Sue Lines said.
"They were simply given a letter informing them of the outcome - that's an appalling
outcome."
Defence said across the 21 centres, 253 current staff members had been offered
ongoing positions and only 10 employees would lose their jobs.
"B4Kids has advised Defence that operational considerations require that although
all staff have the same rate of pay, some conditions will change," it said in a
statement.
"B4Kids has agreed to honour all accrued leave entitlements even though they are
under no obligation to do so."
Mr Snowden says the six-month qualifying period is standard for all federal
employees commencing work with a new employer and is consistent with the Workplace
Relations Act
"This is not ABC, this is not the receiver - the contract to run the centres is with
B4Kids, and therefore they are a new employer," he said.
Ms Lines says B4Kids and Defence are hiding behind the workplace laws, adding it's
questionable whether the staff should be considered new.
"You don't finish work on Friday at a defence force base, then start again on Monday
with the same children and the same parents but suddenly because the company has
changed you're a new employee," she said.
B4Kids managing director Leanne Beasant told News Limited a "small number of the
centres were overstaffed and therefore to ensure their ongoing viability a number of
positions were, unfortunately, not required".
"B4Kids has offered employment to employees based solely on the operational
requirements of each centre. The fact that an employee may or may not have been on
maternity leave is irrelevant," she said.

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