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Employer and staff partied as family mourned their workmate

Adele Ferguson

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Working for Appco Group

A group of former Appco workers have mobilised to join a class action, alleging sham contracting, underpayment and humiliating rituals.

When Tracey Bowker read online that a young man had been struck down and killed in the early hours of the morning by a high-speed train her thoughts immediately turned to the family and the horrendous Christmas they would have.

It didn't enter her head that it was her son she was reading about and who she would be burying two days before Christmas.

Michael Bowker died at the age of 22 when he was struck by a train.
Michael Bowker died at the age of 22 when he was struck by a train. Photo: Supplied

"I still can't believe it," she says.

Soon after reading the article her ex-husband, Robert, called to say their son hadn't come home that night. "I told him we had to start ringing the police and hospitals," she says.

Michael Bowker was 22 when he died. He had been at a work function in central Sydney and had been told by a team leader to go home because he had drunk too much.

He was working at Torque Global, one of 64 marketing agencies contracted to global fundraising giant Appco, which is the subject of a class action by former independent contractors, alleging they have been underpaid.

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Some of the "independent contractors" who have lodged a statement of claim through Chamberlains Law Firm, allege sham contracting and gross wage underpayment. Some allege they worked gruelling hours for as little as $2.50 an hour, and were forced to take part in humiliating rituals such as chicken fights, cross-dressing or slithering on the floor on their bellies in a "sluggie" race, if they didn't meet weekly performance targets.

Earlier this week Tracey joined the class action, which is still open, to seek justice for her dead son, who she says was paid $60 some weeks for working more than 50 hours – equivalent to $1.20 an hour – and was treated shabbily in the lead up to, and the aftermath of, his untimely death.

Michael worked long and hard, trying to meet his daily targets as a third-party fundraiser for certain charities and sporting foundations. Each day he would receive multiple text messages asking for updates on his sales figures. If he didn't meet his targets he was urged to "push on" until late.

"He worked in the rain and the blazing sun, even suffering heat stroke, which caused him to miss a day of work (he was asked to produce a medical certificate) – with no pay and no reduced/pro-rata target for the week, so absolutely no hope of achieving the set target," Tracey says.

"Once, during a particularly wet spell, he received a text message from his team leader advising him to keep his merchandise (vouchers) dry or he would have to pay for any wet vouchers out of his meagre earnings."

On December 17, after a long, hard day at work, Michael came home, then went back to Surry Hills for a work function. His parents never saw him again.

We buried our son two days before Christmas 2015. He was just 22 years old. His employer did not even bother to attend.

Michael Bowker's mother, Tracey

He wandered on to train tracks and was struck and killed by a train travelling at 80km/h.

"We buried our son two days before Christmas 2015. He was just 22 years old," Tracey says. "His employer did not even bother to attend. In fact, they went ahead and had their staff Christmas party on the same day – they celebrated while we wept."

In a statement, Appco Australia chief executive Martin Gaffney described Michael's death as a terrible tragedy. He said Michael was an independent contractor and the evening gathering was "one of a series of occasional non-compulsory social gatherings for colleagues".

According to Gaffney, when Torque's managing director heard the news he was "distraught and offered to help in any way possible". Gaffney said the office was closed the following day as a mark of respect. "Michael's fellow contractors gathered to comfort each other. The company sent flowers to Michael's home."

Gaffney said that, in several phone calls over the next few days, Michael's mother made it clear she preferred that the marketing company did not attend the funeral. "She did not ask for any further help. She asked for Michael's files, which were supplied. Several weeks later the family lodged an insurance claim, which was handled by the insurer."

Tracey remembers it very differently. "They sent a bunch of flowers a couple of days after he died and then washed their hands of the whole 'unpleasant incident' as if it had never happened," she says.

In the following weeks the family did not hear from anybody at Torque Global. She said she called Torque Global about personal effects or monies outstanding, but the boss would not take her calls. "I had to follow up multiple times before receiving a response," she says.

Tracey and Michael's father then lodged a workers compensation case against Torque Global. The claim was rejected on the grounds that Michael was a contractor and not an employee.

It is the same argument used by Appco, which states that collectors are hired on "a self-employed basis to a marketing company (not to Appco) and earnings are based on performance".

Tracey and others who have signed up for the class action disagree. They believe the relationship is that of an employer-employee.

Tracey also has contacted Fair Work to get a determination on Michael's employment status.

Since the scandal broke a week ago, Appco has set in train numerous actions, including ordering all 64 marketing companies it contracts with to hand over any details of "suspected or known practices that could be construed as bullying or harassment". It also has asked the agencies to inform their "independent contractors" to speak up if they have any concerns. The owner of one marketing firm has stood down from his job while Appco investigates the treatment of the so-called 'chuggers'.

But it is adamant that any improper practices are not widespread or systemic. Chamberlains Law Firm says it has evidence of systemic problems from workers at a variety of marketing companies around the country.

At the end of the day it will be up to the courts to decide. Tracey and her family will continue to fight for justice for their son, and his young son he left behind.

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