Under the Fair Work Act 2009, every Modern Award classifies employees within an industry according to skill level, duties and/or qualifications, with each Modern Award classification being allocated a minimum weekly wage rate. A higher classification means that the minimum rate for that classification will also be higher when compared to other classifications in the same Modern Award.
Sometimes an employer will try and circumvent minimum weekly wage rate requirements by classifying an employee at a lower classification than is appropriate for their skill level, duties and/or qualifications. At other times misclassification may be unintentional. However when it arises, misclassification of an employee can result in systemic underpayment of the employee’s ordinary wages, penalty rates, superannuation and overtime.
If you have been misclassified under a Modern Award you may seek to recover the amount of any underpayment from your employer. Unfortunately this can be a difficult task, as it will often require you to produce rosters, pay slips and PAYG summaries to substantiate your underpayment claim.
At McDonald Murholme we can assist you in recovering an underpayment from your employer. However, we at McDonald Murholme feel that the best approach is a proactive one. Reading the Modern Award that covers your employment can help identify a misclassification. Especially when considering whether your classification married with your skill level, duties and/or qualifications.