Off to court again for Transit Systems!
It is a matter of law that anyone working under a ‘transitional instrument’ like a Copied State Award, who doesn’t have a pay rise is covered by the usual minimum wage review conducted by the Fair Work Commission (FWC). This is done at the beginning of every financial year and the increase given this year was 2.5%. After bringing it to TSA’s attention (they had no idea), the company agreed to pay the increase to employees working under the Copied State Award. They not only committed to it in writing, they clarified exactly when it would be paid and when it would be in people’s pockets.
The company then decided to backflip and NOT pay the increase, offering no better reason than ‘we’re looking at legal options’. Pretty standard for this mob, whose idea of a good business is one that screws over its employees the most, but to tear up a written commitment like that sets a new low. The RTBU sent TSA a Letter of Demand saying the increase had to be paid or we’d be off to court. Predictably we didn’t even get a response.
Today we commenced urgent proceedings and lodged the matter in the Federal Circuit Court. The Union is seeking an injunction to force the company to pay the increase immediately, backpay for the applicable time, penalties for not passing on the pay increase to begin with, and to cover all legal costs of the Union. The initial hearing for directions is next week, and we’ll be arguing to have the matter heard urgently given the impact this is having on members during such a difficult time.
Members will be kept up to date as this matter progresses.