The ASU’s Tasmanian Coordinator, Aaron De La Torre, met with Amanda McCall earlier this week to review the information to hand in relation to the alleged underpayment of overtime entitlements at The Valley Children’s Services.

It has been a lengthy investigation so far but we’re pleased to say that we have agreement from DVC management to pay any outstanding wages without the need to progress the matter further. We are simply working through rosters, timesheets and payslips for all employees and calculating where any underpayment may have occurred.

At this point, it seems that both underpayments and overpayments have been made to each employee due to errors in the timesheet template and we are working our way through these issues.

We are claiming that the underpayment has occurred through multiple errors in processing, namely, the instances appear to relate to the following clauses of your enterprise agreement:

Clause 3.3 – Ordinary Fortnightly Hours
There are many instances where employees have been paid for more than 76 hours per fortnight at ordinary time earnings. Wherever this has occurred they should have been paid at a maximum of 76 hours at ordinary rates and the remainder of the hours worked should have been paid at overtime rates.

Clause 3.2 – Span of Ordinary Hours
The original issue which was being investigated related to team meetings being paid in part at the ordinary hours’ rate when all hours worked after 6pm should have been paid at overtime rates. It seems that some hours outside the span of hours may have been paid as ordinary hours and team meetings should have been paid at overtime rates for the entirety of the meeting.

Clause 3.9 – Call-Back
In many cases, it appears that employees were asked to attend work, leave at the end of their shift and then return for the staff meetings. In all cases where this has occurred, it is a callback. Callbacks are paid at a rate of four hours of overtime, not just the hours that you were required to be there for the meeting. Those who attended at the end of their shift were entitled to be paid for the time they attended.

We will continue to pursue this matter and hope to have more detailed information available to us to work collaboratively with Council to address the issue soon.

For further information please contact:
ASU Tasmanian Coordinator Aaron De La Torre | 0427 813 821 | adelatorre@asuvictas.com.au

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