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Underpayment and Breach of Award Claims

With yearly updates and a constantly changing legal landscape, it is easy to become non-compliant with the minimum wage you are required to pay a particular employee for a particular role under a particular award.

Hmmm… that sounds awfully particular… Let us untangle it for you.

For an employee in an industry that is covered by an Award, an employer must ensure that they comply with it. Certain employees are not covered by an Award. For those employees, the Fair Work Act and National Employment Standards apply together with your Employment Agreement.

A breach of an Award is a Civil Penalty Offence and fines can be imposed by the workplace policeperson – the Fair Work Ombudsman. Fines can also be imposed by the Court in proceedings brought by employees, so you need to know how to pay someone correctly.

The Fair Work Ombudsman is a good starting point. But they do not give legal advice, so if you do the wrong thing, you cannot blame them.

We on the other hand do give legal advice, and we do it well. We will help you to pay people correctly by:

  • Identifying the correct Award;
  • Identifying the correct status, level, and paygrade with reference to the duties of a position;
  • Identify correct working hours and working conditions; and
  • Identify relevant allowances and other benefits or entitlements.

When a dispute arises, we will help you to resolve it by determining what a person should have been historically paid. Often legal proceedings can be avoided.

Claims also arise with respect to whether a person was actually employed as a permanent employee or as a casual employee, or as an employee rather than a contractor. We will help you determine a likely Court determination of this issue with reference to “all of the circumstances” of the case. In this fashion, it is unlikely that you will find yourself in Court as we will assist in an early resolution.

Let Access Law Group bridge the gap between the workplace law and you. Contact us today.

Areas of Expertise

Overview

Bullying, Harassment and Discrimination

Disciplinary Processes and Investigations

Underpayment and Breach of Award Claims

Unfair Dismissal and Adverse Action

Workforce Restructuring

Work Health & Safety

Workplace Employment Agreements and Workplace Policies

Workplace Prosecutions

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