VECCI was recently approached by a valued client seeking assistance with a significant claim for underpayment made by a former employee to the Fair Work Ombudsman (FWO). As a consequence of the claim being taken up by the FWO, other employees had also made subsequent claims.

The employee claimed that underpayment arose from incorrect classification by the employer. One employee also claimed that, despite coverage by an Australian Workplace Agreement (AWA), she was entitled to penalty rates equivalent to entitlements received by other employees covered by the Award.

The client engaged VECCI to act on their behalf in the matter. VECCI was able to advocate for the client, and negotiated with the FWO inspector on their behalf. VECCI’s workplace relations consultant provided copies of all relevant documentation to the FWO, including copies of AWAs, time and wages records, and employment contracts, and provided spreadsheets that demonstrated the applicable rates of pay for the employees concerned for the two previous years. The VECCI workplace relations consultant also took the FWO inspector to the worksite, to support the employer’s claim that the classification of the employees concerned was correct.

The FWO subsequently dropped the claim, and found in favour of the employer’s argument, as represented by VECCI. Whilst the client incurred some expense arising from advocacy services provided by VECCI, the client saved thousands of dollars as a result of VECCI’s representation and negotiation.