VIC Wage theft in Victorian Public Service

Discussion in 'Employment Law Forum' started by Trevor Thomas, 23 August 2019.

Tags:
  1. Trevor Thomas

    Trevor Thomas Active Member

    Joined:
    9 May 2019
    Messages:
    9
    Likes Received:
    0
    Everyone thinks that wage theft is restricted to private industry - but is it.

    In the 2000 VPS EBA certain entitlements were granted to VPS non executive staff that were not passed on.

    Despite repeated correspondence and reporting to Ministers and Departmental Heads the only result that was achieved was that one of these entitlements finally got approved to be paid (in 2015) but with no retrospective payment.

    This decision surely indicates that those entitled to that entitlement between 2000 and 2015 have been victims of wage theft.

    However the CPSU agreed to this course of action leaving members out of pocket to the tune of millions of dollars.

    The question is which remains prevailant :

    1. The agreement between the CPSU and the State Government and approved by the AIRC in 2000 or

    2. An agreement not taken to the AIRC between CPSU and a Departmental Head in 2015 as to not pay for this entitlement

    Regards Trevor
     
  2. Trevor Thomas

    Trevor Thomas Active Member

    Joined:
    9 May 2019
    Messages:
    9
    Likes Received:
    0
    It is over one month since publishing this article and in this time nearly everyday I have read articles from various news outlets about wage theft; Bunnings, Dominoe Pizzas, Coffee franchises,backpackers,restaurants and the endeavours to recover said amounts; in some cases for just a couple of employees.

    Wage theft in my opinion has been occurring since 2000 to possibly thousands of Public Servants and as shown by the interest in my article not one person gives a damn. Is it because it is Public Servants and everyone despises them.

    I notice from other articles written on this site that there are quite a few willing to offer opinions , but not for Public Servants.

    The area that I am covering in this article refers to shift penalties for rostered shift workers when they proceed on annual leave (clause 30.6 (b)).

    The Award states
    30.6 Each employee will in respect of recreation leave be entitled to be paid in addition to his or her salary the greater of the following two amounts:

    (a) an allowance at the rate of 17.5% of the Employees salary for the period of recreation leave; or
    (b) an allowance equal to any additional payments to which the employee would be entitled for shift, Saturday or Sunday duty which the employee would be required to perform if he or she were not proceeding on recreation leave.

    27 Shift Work
    27.1 The provisions relating to shift duty and rostered time are as follows
    . Staff required to perform rostered duty of normal time on a Saturday (excluding a Public Holiday) will be paid an allowance of 50% additional to the normal hourly rate;
    . Staff required to perform rostered duty of normal time on a Sunday (excluding a Public Holiday) will be paid an allowance of 100% additional to the normal hourly rate;
    . A staff member will be paid a penalty rate of 150% when rostered for ordinary hours of duty on a Public Holiday;
    . Staff required to perform rostered duty of normal time on an afternoon or night shift will be paid an allowance of 15% additional to the normal hourly rate for each hour of duty unless such shifts are worked on a Saturday, Sunday or Public Holiday.

    My opinion is that if you were rostered on duty for an afternoon, Saturday, Sunday and a Public Holiday but proceeded on annual or recreation leave then you would be paid an allowance equivilant to the penalties mentioned under clause 27.1 dot points 1 to 4.

    All of them

    Opinions please

    Regards Trevor
     
Loading...

Share This Page

Loading...
gt;