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Tuesday, 1 April 2008

Serco Sodexho Defence Services in Canberra has been fined $7500 after a court ruled it had applied duress to an employee to sign an Australian Workplace Agreement.

The Federal Magistrates Court found Serco had threatened to sack Jessica Shepherd, 19, if she did not sign the AWA.

Ms Shepherd was a casual food and beverage attendant at the Australian Defence College in Weston from September to November 2006.

The court heard a voicemail message had been left on her phone in November which said: "Without a signature on the AWA I can't continue to employ you."

"Although the (voicemail) message could be read as a friendly attempt to get the documents signed and to deal with any problems that the employee might have with them, there is no doubting the threat that was there made,’’ Magistrate Raphael said.

Workplace ombudsman Nicholas Wilson said Ms Shepherd had done the right thing by reporting the breach.

"Serco Sodexho Defence Services is a substantial multi-national corporation with a large number of employees, many of whom are on AWAs," Mr Wilson said.

"Serco Sodexho... is a substantial employer of casual labour and has an obligation to assure its managers know what is required of them when offering AWAs or transitional agreements to its employees, especially young casual employees.’’

"Although the company cooperated with the Workplace Ombudsman’s investigation, it never should have allowed itself to get to that point in the first place."