How do I go about getting a Fair Work Commission settlement agreement enforced in Western Australia?
As a casual employee with a company claiming ISO 9001 Quality accreditation, I took the employer to the Fair Work Commission for an unfair dismissal and a settlement agreement was reached.
A condition of settlement was a "positive" statement of service, however the employer refuses to state the correct number of days of my casual employment. Instead they wish to state only the number of days worked rounded down to 7 day weeks (instead of 5 day weeks). This misrepresents the facts and reflects negatively on me.
The dates are:
9/08/23: My verbal acceptance of casual employment offer given at interview. Start date given as 21/08/23.
10/08/23: My acceptance confirmed in writing by the company with welcome email as an employee.
12/08/23: I signed the casual employment agreement on 12th, but I did not notice the single digit change in this one liner --> "Commencement: 28/08/23".
21/08/23: I arrive to start work as agreed at the interview. They informed me I was 1 week early but quite happily assigned me to do onboarding for 2 hours.
28/08/23: I arrive to continue onboarding and thereafter full-time casual employment.
13/09/23: My casual employment is terminated and ends on this date because I am paid in lieu of notice.
The FWA S15A states that casual employment starts from the moment the casual employee communicates acceptance of employment until termination. This means that my casual employment started on 10/08/23 and ended on 13/09/23 which is exactly a 5 weeks period of continuous service.
Their payroll system would only allow me to enter hours worked after the "Commencement" date in the contract, and this avoided them paying me the minimum 3 hours for the first day I worked prior to 'Commencement" on 21/8/23.
Not in dispute is that I had worked on a total of 14 business days. In dispute is that the statement of service states I was employed for 18 days "from 28th August to 13th September 2023" (2 weeks plus 3 days) and I was "in the role for 2 weeks".
I have asked them to change the words
How do I get these people to comply with the settlement agreement?
As a casual employee with a company claiming ISO 9001 Quality accreditation, I took the employer to the Fair Work Commission for an unfair dismissal and a settlement agreement was reached.
A condition of settlement was a "positive" statement of service, however the employer refuses to state the correct number of days of my casual employment. Instead they wish to state only the number of days worked rounded down to 7 day weeks (instead of 5 day weeks). This misrepresents the facts and reflects negatively on me.
The dates are:
9/08/23: My verbal acceptance of casual employment offer given at interview. Start date given as 21/08/23.
10/08/23: My acceptance confirmed in writing by the company with welcome email as an employee.
12/08/23: I signed the casual employment agreement on 12th, but I did not notice the single digit change in this one liner --> "Commencement: 28/08/23".
21/08/23: I arrive to start work as agreed at the interview. They informed me I was 1 week early but quite happily assigned me to do onboarding for 2 hours.
28/08/23: I arrive to continue onboarding and thereafter full-time casual employment.
13/09/23: My casual employment is terminated and ends on this date because I am paid in lieu of notice.
The FWA S15A states that casual employment starts from the moment the casual employee communicates acceptance of employment until termination. This means that my casual employment started on 10/08/23 and ended on 13/09/23 which is exactly a 5 weeks period of continuous service.
Their payroll system would only allow me to enter hours worked after the "Commencement" date in the contract, and this avoided them paying me the minimum 3 hours for the first day I worked prior to 'Commencement" on 21/8/23.
Not in dispute is that I had worked on a total of 14 business days. In dispute is that the statement of service states I was employed for 18 days "from 28th August to 13th September 2023" (2 weeks plus 3 days) and I was "in the role for 2 weeks".
I have asked them to change the words
- “from 28th August to 13th September 2023”
- “from 10th August to 13th September 2023”
- “He remained in the role for 2 weeks.”
- “He remained in the role for 5 weeks.”
How do I get these people to comply with the settlement agreement?
