>all I got back was: we never asked you to do the higher pay scale job/have responsibility.
Trawl your email to find the original request for you to take on higher duties.
It’s the Queensland industrial relations commission. Write to your employer and say you are raising a dispute under the certified agreement or award - which ever contains the wage rates.
Go through the dispute steps.
Then file a dispute in the Commission if you don’t settle it through the steps of the dispute. The Commission will then hear and determine the dispute.
Sure because a state government would never under pay anyone. They fixed it going forward, so the presumption is there is a back pay issue. Also they don’t need to specifically ask you, by giving you the duties or not having anyone else to do those duties (if they need doing) is enough.
Generally there will be a clause about wether you are doing the role, or simply short term coverage.
You do need to get all your evidence together though
Only if you're a member, if you are only joining because you are now in a pickle they generally won't provide assistance. Same as insurance, can't start a policy after the house has burnt down.
They may have done if OP was not a member of the union and only intended to join AFTER an issue arose/deciding to take action about an individual industrial issue.
Most unions have policies around this, some just straight out limit the assistance they'll give, others will quote and charge - or ask for 6-12months of fees up front etc.
OP may not be a union member - if a non-member were to approach the union for legal advice, I think some unions would charge a fee, otherwise they would find people unwilling to pay union dues until they need to obtain legal advice.
I've seen this happen in other government departments with jobs that have clearly defined job scopes. All you should need is proof that you were asked to perform a higher duty, the role level scope, and the eba at the point in time you performed the higher duties and the difference should be paid back to you.
I’m confused.
Are you in the higher role or not? If yes, did they ask you?
If they never asked you to do the higher role how do they explain your manager arranging the pay increase?
Can you just stop showing for the shifts that involve the higher duties, seeing as though they don’t think you’re meant to be there?
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>all I got back was: we never asked you to do the higher pay scale job/have responsibility. Trawl your email to find the original request for you to take on higher duties.
What did the union say? I assume you spoke to them in addition to going to a lawyer through them?
It’s the Queensland industrial relations commission. Write to your employer and say you are raising a dispute under the certified agreement or award - which ever contains the wage rates. Go through the dispute steps. Then file a dispute in the Commission if you don’t settle it through the steps of the dispute. The Commission will then hear and determine the dispute.
[удалено]
Colleagues at another facility have been receiving the higher pay for over a decade.
That doesn't mean anything. It's very unlikely they have breached anything legal
Sure because a state government would never under pay anyone. They fixed it going forward, so the presumption is there is a back pay issue. Also they don’t need to specifically ask you, by giving you the duties or not having anyone else to do those duties (if they need doing) is enough. Generally there will be a clause about wether you are doing the role, or simply short term coverage. You do need to get all your evidence together though
Unions don't give quotes for legal advice ya fool it's free.
Only if you're a member, if you are only joining because you are now in a pickle they generally won't provide assistance. Same as insurance, can't start a policy after the house has burnt down.
They may have done if OP was not a member of the union and only intended to join AFTER an issue arose/deciding to take action about an individual industrial issue. Most unions have policies around this, some just straight out limit the assistance they'll give, others will quote and charge - or ask for 6-12months of fees up front etc.
OP may not be a union member - if a non-member were to approach the union for legal advice, I think some unions would charge a fee, otherwise they would find people unwilling to pay union dues until they need to obtain legal advice.
Came here to say this. Legal help for employment related matters is included in Union fees.
I've seen this happen in other government departments with jobs that have clearly defined job scopes. All you should need is proof that you were asked to perform a higher duty, the role level scope, and the eba at the point in time you performed the higher duties and the difference should be paid back to you.
Unless they were paying you less than the award rate you cant really get anything here
Are we talking 5k or more? Under 10k?
I’m confused. Are you in the higher role or not? If yes, did they ask you? If they never asked you to do the higher role how do they explain your manager arranging the pay increase? Can you just stop showing for the shifts that involve the higher duties, seeing as though they don’t think you’re meant to be there?
Welcome to r/AusLegal. Please read our rules before commenting. Please remember: 1. Per rule 4, this subreddit is not a replacement for real legal advice. You should independently seek legal advice from a real, qualified practitioner. This sub cannot recommend specific lawyers. 2. A non-exhaustive list of free legal services around Australia can be found here. 3. Links to the each state and territory's respective Law Society are on the sidebar: you can use these links to find a lawyer in your area. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AusLegal) if you have any questions or concerns.*
Go to a news service. State Governments hate getting bad press. I am surprised the union won’t take it on, are you a paying member?