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AWU WA Industrial Team working to secure backpay for members

January 24, 2020

The Industrial Team is working to ensure AWU’s members are paid their entitlements.

Default Judgement Application in the Industrial Magistrates Court

In December 2019, the Industrial Team made an application to the Industrial Magistrates Court of Western Australia on behalf of one of our members, who is owed more than $2,200.00 in annual leave, and more than $11,600.00 of Superannuation.

After the Employer failed to respond to the application within the required time, the Industrial Team made an application for a default judgement requiring the employer pay the member the money owed.

The Employer appeared at the default hearing, and the Magistrate chose to give the Employer more time to respond with their defence to the claim.

The Industrial team is continuing to support the member and is confident they will achieve a good result.

Industrial Magistrates Court Finds Member was Underpaid – UPDATE

On 7th August 2018 AWU filed an application in the Industrial Magistrates Court, claiming that Vesco Foods Pty Ltd (trading as Vesco Foods) had underpaid one of its part-time employees thousands of dollars over a 34 week period.

On Wednesday 3rd July 2019, the Court handed down its decision, agreeing with the AWU that there had been an underpayment. The Court set out a ‘method of calculation’ in its decision and asked the AWU and Vesco’s lawyer to agree to the total amount owing.

Vesco’s lawyers, unhappy with the decision, attempted to have the matter reheard by questioning how the Court had calculated its ‘example week’.

A further hearing was held and the Court essentially agreed with its initial decision about when overtime should be paid. This decision was handed down on 19 December 2019.

There has been a delay in agreeing to the final amount of underpayment due to the Christmas break and the non-availability of Vesco’s lawyers.

We have almost agreed that the final amount of underpayment is $1747.28 for a 34 week period. This is an average of $51.38 per week. His base rate of pay is only $20.21.

The AWU was determined to run a ‘test case’ to see if there was an underpayment of overtime.

There are many members who will be waiting for their backpay.

Read the initial story here: “AWU WA Win: Industrial Magistrates Court Finds Member was Underpaid”

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