Campbelltown bricklayer William Hodge has a message for all workers – if you don’t fight, you lose.

With the CFMEU’s help the father-of-three recently won his battle against DMW Bricklaying with the company and developer Skyton agreeing to a confidential payout.

Hodge, who was working under an ABN, was a victim of sham contracting and was owed $70,000 in unpaid superannuation

He began working for Darren Williams, the owner of DMW Bricklaying in 2000 and did not receive any superannuation benefits in 11 years.

When Hodge found out he was entitled to the payments, he launched a one-man picket at the headquarters of Parramatta-based developer Skyton Developments, with the support of the CFMEU.

The union targeted Skyton Developments because in the 11 years, Hodge had almost exclusively worked on its projects.

His case drew media attention and frequent visits from Federal and State Labor MPs based around the area.

CFMEU NSW State Secretary Mal Tulloch says Hodge’s victory shows workers need to be prepared to fight for their rights.

“William Hodge stood up for his rights with the CFMEU’s support and won the fight.

“His victory shows other workers they don’t have to cop being ripped off.

“By law builders and developers are meant to ensure correct entitlements and workers’ compensation are being paid.”

Tulloch says it is outrageous that an employee could work for someone for 11 years and not be paid superannuation.

“During that time Hodge was also missing out on holiday pay and sick pay – when you have a mortgage and little kids that can mean the difference between getting ahead and scraping by.”

Tulloch says DMW Bricklaying has employed hundreds of brickies labourers and bricklayers over the past 11 years and as far as the union can determine has never paid superannuation.

Not only has Hodge won his own battle, he is now working to ensure other workers aren’t ripped off. He recently represented the union at the ACTU seminar for workers’ rights and by all accounts was the star of the event.

Hodge is one of the legion of construction workers who are employed as so-called contractors.

Sham contracting hides a boss-worker relationship by claiming the employee is a sole trader.

Even if you have an ABN, under law if your boss dictates the hours you work and where you work, what tasks to perform and when you take your breaks then you are an employee and entitled to superannuation payments, long service leave credits, workers’ compensation insurance and overtime.

A Construction Forestry Mining Energy Union report earlier this year showed up to 168,000 workers in the construction sector were employed on sham contracts, with a loss in tax revenue to the government of $2.4 billion.

In response the Federal Government and Australian Tax Office announced an inquiry and a crackdown into the practice.