The CPSU has put together this short update on the ABC casual underpayment - how it happened, who’s affected and what you can do to find out if you are owed money by the ABC. Print version here.
The CPSU can help you by:
- Checking your ABC classification and payments are correct. We’ve secured one member $19,000 backpay already
- Providing regular updates about where the investigation is up to and any action you need to take.
- Connecting you to an ABC community that keeps you informed about your rights and supports you at work.
Complete this form if you would like the CPSU to help you look into what money you may be owed.
Who is affected and why?
Any flat rate casual employee who worked for the ABC anytime between November 2012 and now, including casuals who only worked ordinary hours. Underpayment has occurred because the flat rates used by the ABC have not been set properly in many cases and casual employees have not received pay increases and loadings that they are entitled to receive.
What payments should ABC casual employees receive?
- A base hourly rate of pay that is set in accordance with the relevant ABC Work Level Standard. If the base hourly rate of pay was not set correctly, then all payments that flow on from this will also be incorrect.
- Annual ABC enterprise agreement pay increases.
- 25% casual LEAVE loading. For Red Book staff this loading was increased from 20 to 25 percent in the 2016 Enterprise Agreement.
- Weekends and public holidays penalty loadings when those shifts worked
- Early and late shift loadings when those shifts worked
- Others – as applicable
Will employees who were underpaid automatically receive their money?
No. The ABC has not notified all employees affected by this problem and said that it only intends to contact employees that it determines it has underpaid. Given the ABC’s poor track record, it is likely some casuals will be miss out on payments they are legitimately entitled to receive.
Why the CPSU is concerned the ABC’s investigation will not fix the problem?
- The ABC’s investigation lacks transparency and accountability – the ABC cannot answer basic questions about how they will conduct their investigation, nor have they contacted all affected casual employees to let them know about the potential underpayments.
- Conflict of interest - the individuals and areas responsible for underpaying casuals in the first instance are the same individuals and areas now conducting the ABC’s investigation.
- Incomplete and inaccurate ABC records – critical records needed to correctly calculate pay do not exist in some work areas, and key personnel no longer work at the ABC.
- The ABC is continuing to pay 600 casual employees flat rates - i.e. the rates responsible for causing underpayments in the first instance.