Hi,
I am looking for some help relating to The Australian minimum working entitlement awards. Essentially, I was under the understanding that employees should be covered by an award in any workplace at any point over the last 10 years.
I have been underpaid by my employer substantially (and been laising with them and fairwork for over a year), this is regarding many different problems, one of which is weekend rates. For simplicity I will use an example referring only to Sunday rates:
The modern (federal, 2010-2013) award which covers the trade states that 200% Sunday rates should be paid. The Pre-Modern (state, 1999-2009) award states that 200% Sunday rates should be paid. There is a 'transitional provision' in the new federal award which is in place to allow for a smooth transition over the first 5 years of introduction of the new award, i.e. if there is a difference of say 15% (old) to 30% (new) the penalty rate over 5 years goes 18%, 21%, 24% etc until it matches the new award. In this case (200% – 200%) there would be no transition.
Seems pretty straight forward...
However, I am being told that NO AWARD applied to the businesses employees, because it became registered between 2006 and 2009 due to some 'technical' (their words) legislation, which they have not been able to provide me with details of yet. It sounds like something the employer would say, but this actually came from the Fairwork employee. So because I was not covered by ANY award during this time a payment of minimum wage at the time (>$15) is all that was due for working at 3am on a Sunday.
They are basically saying that if a business started between 1999-2005 they had to pay 200% on sunday then, 200% on sunday in 2006-2009 and 200% on sunday thereafter until 2013. If it started between 2007-2013 they also always had to pay 200% on weekends AT ALL TIMES... but if it started between 2006 and 2009, they only had to pay federal minimum wage until 2010, 120% in 2011, 140% in 2012 and only 160% right now etc.
Does this loophole legislation exist? It seems very unfair to competitors who opened shop before or after 2006-2009. If so, or if not, how do I go about organising this if even the fairwork employee is convinced that it was legal to pay someone sub-$15 at 3am on a Sunday in the year 2009?
I am looking for some help relating to The Australian minimum working entitlement awards. Essentially, I was under the understanding that employees should be covered by an award in any workplace at any point over the last 10 years.
I have been underpaid by my employer substantially (and been laising with them and fairwork for over a year), this is regarding many different problems, one of which is weekend rates. For simplicity I will use an example referring only to Sunday rates:
The modern (federal, 2010-2013) award which covers the trade states that 200% Sunday rates should be paid. The Pre-Modern (state, 1999-2009) award states that 200% Sunday rates should be paid. There is a 'transitional provision' in the new federal award which is in place to allow for a smooth transition over the first 5 years of introduction of the new award, i.e. if there is a difference of say 15% (old) to 30% (new) the penalty rate over 5 years goes 18%, 21%, 24% etc until it matches the new award. In this case (200% – 200%) there would be no transition.
Seems pretty straight forward...
However, I am being told that NO AWARD applied to the businesses employees, because it became registered between 2006 and 2009 due to some 'technical' (their words) legislation, which they have not been able to provide me with details of yet. It sounds like something the employer would say, but this actually came from the Fairwork employee. So because I was not covered by ANY award during this time a payment of minimum wage at the time (>$15) is all that was due for working at 3am on a Sunday.
They are basically saying that if a business started between 1999-2005 they had to pay 200% on sunday then, 200% on sunday in 2006-2009 and 200% on sunday thereafter until 2013. If it started between 2007-2013 they also always had to pay 200% on weekends AT ALL TIMES... but if it started between 2006 and 2009, they only had to pay federal minimum wage until 2010, 120% in 2011, 140% in 2012 and only 160% right now etc.
Does this loophole legislation exist? It seems very unfair to competitors who opened shop before or after 2006-2009. If so, or if not, how do I go about organising this if even the fairwork employee is convinced that it was legal to pay someone sub-$15 at 3am on a Sunday in the year 2009?
