Your Union spends a bit of time in the Fair Work Commission enforcing members’ entitlements. Most often, when we have an industrial dispute and end up in the Commission, one conference with a tribunal member is enough for common sense to prevail and a resolution to be reached. Sometimes, it’s a longer slog and we end up in arbitration – a longer, more formal and legalistic process where the Commission hears evidence and legal arguments before making a binding decision about who’s right and who’s wrong.
We have a number of matters in the Fair Work Commission at the moment, representing members from a range of professions and across private and public sector. We even have one matter going through arbitration at the moment, with Melbourne Pathology trying to rewrite the history of higher qualifications allowances under our agreement with them. We’re determined to fight tooth and claw to protect this entitlement for our members, and while it’s a long and drawn-out process we hope to have some good news in coming months once the formal hearing wraps up and the Commissioner weighs up all the evidence and arguments.
Sometimes, even stronger legal action is necessary, and we end up taking claims to Court when employers simply refuse to do the right thing.
We’ve had several matters in the Federal Circuit Court recently, and one went to final hearing in recent weeks. This was a major amount of work, with around $70,000 in wages and superannuation on the line for a Psychologist member working in public health who we allege was misclassified and therefore paid less than she was entitled to over a number of years.
We’re hoping to have the decision soon – and have our fingers crossed that it goes our way. If it does, we will be sure to share the good news as well as using this as a warning to other employers that we will leave no stone unturned in pursuing everything our members should be receiving.
