SkyCity faces legal action from union over allegations it's undermining strikes

SkyCity is facing legal action from a union over allegations the casino empire is undermining strikes by hiring contract workers to backfill positions - SkyCity is denying the accusations.

Heaven barely makes enough to survive and recently, she was sleeping in her car.

"I can't afford to live. I work to pay for fuel to go and work. And it's very hard because I can't afford food," said Heaven, a labour hire worker.

She's done all sorts of jobs at SkyCity earning 10 cents more than minimum wage and said "any dollar I get makes a difference". 

As a contractor, Heaven isn't unionised. But her co-workers with Unite union who are directly employed by SkyCity have been striking. They want better pay

"Come negotiations this year, they've been offered a pay raise that doesn't meet the living wage and we've said that's not good enough," said John Crocker, National Secretary for Unite Union.

SkyCity has proposed paying at least the equivalent of the living wage - $23.65 - after one year’s service. But Unite union has filed legal action against SkyCity with the Employment Relations Authority. 

It alleges SkyCity is in breach of good faith and is undermining bargaining by redeploying non-union workers to perform the work of striking staff, other people like Heaven.

"I spoke to my boss and she told me, 'yes, we will be covering shifts for those who are on strike'," said Heaven. 

Cocker said that, in their view, that is "totally illegal". 

"We think it's pretty black letter law illegal."

The Employment Relations Act says workers can't be employed principally for the purpose of performing the work of a striking or locked out employee.

But SkyCity has a different interpretation of the law to the union. It told Newshub that because the labour hire workers are regularly hired by them, the company understands it's within the law to use them to backfill striking staff.

It also says it offered a wage increase to Unite members in bargaining, but Unite has so far not accepted that offer. That offer starts at $22.50, more than a dollar less than the living wage, but goes up to the living wage after a year with the company.

Heaven said even a dollar makes a difference. 

"It would actually mean the world because it would make life a little less, I guess, a struggle, not that struggling is a bad thing because I think it builds character, but I've been struggling for too long and I would like to be able to live."

Making enough to live is what Unite Union is fighting for.