I haven't reviewed the Financial Management Act but can't see how that helps you. Do you have a particular section in mind?
Won't be illegal when the award has been approved. The award is a legally enforceable document.
I'd like to think there's a class action here, but at this stage I can't see it.
Once again thanks Rod for a response.
Fact 1
Order by AIRC 27/10/1999 P0800 V004 S Print S0479 Interim Award 1996.
Persons employed on a casual basis at the time of making of this award or thereafter shall receive the terms and conditions that were applied to casual employees in the Department or Agency in which they were employed at the time of making this award..
In this case it was the Public Sector Management Act 1992 updated to the Public Sector Management and Employment Act 1998. Under this Act casuals were employed under Part 3 Division 4 Employees.
Keypoint
Part 3 Div 4 20 (2) (d) the appropriate Agency Head may determine the renumeration and other terms and conditions of employment of any individual employee.
For this I will give you two examples of renumeration chosen by the Department of Justice for casuals.
Custodial Officers COG2a Code 214 $17.97 hourly rate of pay.
VPS1 Code 249 $14.10 hourly rate of pay.
Fact 2
Order by the AIRC P1748 A N Print S6053 MX170 Federal Award.
Clause 5 Application of the Award and parties bound: This award shall apply to and be binding upon the State of Victoria in respect of all employees as defined in clause 4.1 of this Award.
Clause 4.1 Employees of the Crown employed pursuant to Division 4 part 3 of the Public Sector Management and Employment Act 1998.
This order included clause 12.6.1 Except as provided in sub clauses 12.6.2 and12.7 where any term of this award provides for eligibility for any entitlement to be calculated by reference to a rate of pay, then that rate of pay shall be read as having been increased by 9.5%. Clauses 12.6.2 and 12.7 were irrelevant in these cases.
With this Code 214 was lifted from $17.97 to $19.68.
Code 249 was lifted from $14.10 to $15.44 as per order as from 31/03/2000.
However the Department then introduced new rates of pay from the very next day 01/04/2000.
Code 214a $19.68 down to $18.21
Code 249a $15.44 down to $14.34 for exactly the same positions.
I thought that the granting of the Federal Award on the 31/03/2000 took over the rights of the Department Heads to lower pay rates particularly in light of clause 6 of the 170MX Award which orders No employee will have his or her pay or conditions reduced as a result of the making of this Award.
Please advise what I am missing for an opinion to be formulated as to whether a breach of the Award has occurred.
Regards Trevor