VIC Skilled Adult Apprentices and Employment Contract - Entitled to Higher Pay?

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aussie_64

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3 April 2015
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I know... But she has witnesses.
The award is "Restaurant Industry Award 2010".
Considering she was employed with the position of "Pasta maker"; duties include but not limited to:
- preparing and making fresh pasta as necessary
- maintain sanitation, health and safety standards in work areas
- clean food preparation areas, cooking surfaces and utensils
- operate cooking equipment and machinery as required
- prepare various specialty types of pasta
- verify that prepared food meets requirements for quality and quantity
- receive verbal instructions as to food required by Chef or other direct reports
- measure ingredients required for specific food items being prepared
- any other duties as indicated by your direct report.
She was very independent in her work and, as far as I can understand, her duties are very specialised. Therefore in my opinion they can fall under the following classification:
"B.3.7 Cook grade 4 (tradesperson) means a demi chef or equivalent who has completed an apprenticeship or who has passed the appropriate trade test or who has the appropriate level of training and who is engaged to perform general or specialised cooking,butchering,baking or pastry cooking duties and/or supervises and trains other cooks and kitchen employees."
Considering that classification and the overtime she performed, she was underpaid.
 

Rod

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27 May 2014
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Might be worthwhile talking to an employment lawyer to see if there's a possibility to recover some money.

Keep in mind that if your wife signed up to be an apprentice then adult apprenticeship wages is all she is entitled to. If she was paid higher than that by agreement, then do not expect any more. Overtime is probably something to work out.