Employment Agreement Discrepancy Review

Summary

The clauses in your employment agreement (5.3 and 5.4) may act as set-off clauses, allowing your employer to offset remuneration against entitlements. However, your pay must still meet the minimum entitlements under the Mining Industry Award. If theres a significant discrepancy, you may have a strong case. The new Wage Theft laws in Western Australia require employers to rectify underpayments and provide transparent calculations. If you suspect underpayment, gather your pay slips, compare them to the award, and consider contacting the Fair Work Ombudsman. You can also draft a letter to your former employer requesting a review of your pay and entitlements. Consider consulting with a legal professional for further guidance.

Full Conversation

I signed an employment agreement as a casual employee in Western Australia. My industry award "MA000011 Mining Industry Award", was applied to this contract and the employer paid a flat casual rate. The clauses on Renumeration are vague namely clause *.* "You agree you renumeration, paid to you under ths Agreement, to the fullest extent permitted by law, against any and all entitlements, whether of a different character or not, that may otherwise be owing to you under the terms of any modern award, legislation or industry instrument that applies to you." and clause *.* "You agree that the Company is entitled to apply your renumeration, paid to you under this Agreement, to the fullest extent permitted by law, against any and all entitlements, whether of a different character or not, that may otherwise be owingh to you under the terms of any modern award, legislation or industrial instrument that applies to you."
Hi ****!
It sounds like you have concerns about how your remuneration is being applied under your employment agreement in accordance with the Mining Industry Award.
- Mining Industry Award (MA000011): Ensures minimum entitlements, including pay rates and conditions.
- Clause *.* & *.*: Allow the employer to apply your remuneration against any entitlements.
Do you feel that your pay is not meeting the award rate or that entitlements are being miscalculated?
i believe my employer is not paying the correct entitlements under the award, and to do so they must have a set off clause. would the clauses above be considered a set off clause?
Hi ****!
The clauses you mentioned (*.* and *.*) seem to function as set-off clauses, allowing the employer to offset your remuneration against any entitlements under the award. However, this doesn't negate the requirement for your pay to meet or exceed the minimum entitlements under the award.
Have you calculated your pay and compared it to the minimum entitlements under the Mining Industry Award to see if there is a discrepancy?
yes there is a significant discrepancy
It sounds like you have a strong case regarding the discrepancy in your pay under the Mining Industry Award. Here are some steps you can take:
- Gather all pay slips and employment records.
- Compare your pay with the minimum entitlements in the award.
- Contact the Fair Work Ombudsman for assistance in resolving the discrepancy.
Would you like more information on how to proceed with the Fair Work Ombudsman?
will these clauses hold up in court?
The clauses (*.* & *.*) might be considered set-off clauses; however, they must comply with the award conditions. If there's a significant pay discrepancy, it could be a strong case for court.
It may be beneficial to consult with Fair Work Ombudsman or a lawyer. Would you like information on how to contact them?
I am a past employee of this company, i understand under the new Wage Theft laws that pressure has been applied to this company to rectify underpayments. Almost * staff have been offered settlement agreements with a lump sum payment but have been forced to sign NDAs. The employer has not shown how they have calculated the amount offered.
Hi ****! It looks like this situation involves serious concerns regarding wage theft and improper calculation of settlements. The new Wage Theft laws in Western Australia require employers to pay correct entitlements. Forcing employees to sign NDAs without transparency in settlement calculations can be problematic.
- Wage Theft Laws: Employers must rectify underpayments and provide transparent calculations.
- Non-Disclosure Agreements: Should not be used to prevent rightful legal action or transparency.
Would you like information on contacting the Fair Work Ombudsman or a legal service for further assistance?
how would i write a letter to my former employee requesting a review of my pay
Hi ****! Here’s a template you could use to draft your letter:
---
[Your Name]
[Your Address]
[City, State, Postcode]
[Email Address]
[Phone Number]
[Date]
[Employer's Name]
[Company's Name]
[Company's Address]
[City, State, Postcode]
Dear [Employer's Name],
Subject: Request for Review of Pay and Entitlements
I am writing to formally request a review of my pay and entitlements during my employment as a casual employee under the MA000011 Mining Industry Award. I believe there is a significant discrepancy between the remuneration I received and the minimum entitlements outlined in the award.
Specifically, the clauses *.* and *.* in my employment agreement allow for remuneration to be set off against entitlements. However, my calculations indicate that the remuneration paid to me does not meet the minimum entitlements specified in the award.
Given the recent developments and the company's commitment to rectifying underpayments, I kindly request a detailed review and explanation of how my pay was calculated, as well as any entitlements that may be owed to me.
I appreciate your prompt attention to this matter and look forward to yourresponse.
Sincerely,
[Your Name]
---
Would you like more assistance or details on contacting Fair Work Ombudsman?