Details 

Created: 12 November 2019

The Commission has issued an interpretation of the Anglican School Commission Support Staff Enterprise Agreement 2015 (the Agreement) after the applicant sought clarification on what remuneration applied to one of its members.

Commissioner Matthews noted that prior to the Agreement being registered on 21 March 2017 the member, and some of the respondent's other employees, were subject to the Independent Schools' Administrative and Technical Officers' Award 1993 (the Award).

Matthews C considered evidence that some employees who were previously subject to the Award were paid over the Award rate. Matthews C found that if, prior to the Agreement's registration, those of the respondent's employees that were paid at Levels 1 to 4 under the Award should be paid in accordance with table 1 of the Agreement, and, that table 2 would apply for employees that were previously being paid above the Award rate.

The decision can be read here.

Details 

Created: 12 November 2019

The Commission has upheld a denied contractual benefits claim made by a former employee of an entity which traded as M4 Marketing that she was not paid for part of the period of her claim. The applicant alleged that she had not been paid her salary and leave entitlements from 2 April 2019 to 17 April 2019.

Commissioner Mathews considered the limitations in considering the evidence when both parties appeared by telephone. Matthews C held that for the period of 3 to 10 April 2019 the applicant had not proven, on the balance of probabilities, that she was not paid. However, for the period 11 and 12 April 2019 the respondent had not given evidence disputing the applicant’s claim she was not paid. Finally, Matthews C found that for the period of 15 to 17 April 2019, the applicant had not proven to the requisite standard that she had an entitlement to sick leave for those dates.

Matthews C ordered that the applicant's salary for the two days' of 11 and 12 April 2019 be paid, and, that the name of the respondent listed on the application be amended.

The decision can be read here.