Has this ever happened to you?  It’s pay day. You check your pay advice and there is no payment to you, or a large portion of your normal pay is missing.

What’s going On?

Over the past few months several members have reported the above circumstances, or similar, have happened to them.  On querying their Manager, they are usually referred to Payroll Department who advise “they were overpaid and so the Bank has taken back the amount of the overpayment”. The member was not advised of the overpayment nor was any discussion held with them to discuss a reasonable way of repayment of the amount owing.

On each such occasion, FSU has contacted the Bank on behalf of the member and received assurances this pay deduction is not correct and should not happen.  Amazingly this practice has continued unchanged, and finally we have written to Bankwest as follows:

1. The Bankwest Agreement 2007 (including Clause 6) does not contain any provision for deductions from salary by the employer to correct any alleged previous overpayments to employees.

2. The Fair Work Act 2009 s.323, 324 and 325 make clear that:
(i). salary payments must be made in full;
(ii). any salary deductions must be authorised in writing by an employee;
(iii). any salary deductions sought by an employer must not be unreasonable in the circumstances.

Should Bankwest Payroll continue to ignore employees’ rights as articulated in the Bankwest Agreement 2007 and Fair Work Act, we will not hesitate to use the Dispute Settlement Procedure (Clause 40) of the Bankwest Agreement 2007 to the extent necessary regarding any dispute arising from unauthorised deductions from our members’ salaries.

IT’S YOUR PAY, YOUR RIGHTS.
If this happens to you make sure you are represented.  Union members contact the Member Rights Centre on 1300 366 378.

NON MEMBERS
FSU cannot assist you with a pre-existing issue so JOIN NOW, contact the Member Rights Centre or click here to join on line.