The Australian Industrial Relations Commission (AIRC) has confirmed that Westpac Launceston Call Centre Employees can meet with FSU officials to help determine if they have been underpaid.

As members are aware, the FSU ran a case in the AIRC in December 2007, concerning right of entry. We did this because we were concerned that Westpac had underpaid employees for work at Easter over a number of years, and we needed to talk with employees about fixing those underpayments.

On Friday February 1st, the AIRC handed down its decision. The Commission has decided that each employee is permitted to spend 15 minutes on paid time discussing underpayment with the FSU.

The Commission also made it clear that participation in a discussion should not impact upon performance targets. In reaching its decision, Commissioner Smith found there is a serious issue which has led to underpayments together with incomplete payroll records.


Right of Entry

The AIRC in examining the information provided to employees (about the union’s right of entry) found that the notification process needs to be of such a nature so as to make the power to discuss the issue genuine and effective.

Last year when FSU notified Westpac that we needed to discuss with employees the suspected underpayments, Westpac notified employees via the Electronic Bulletin Board. It seems very few employees knew about or properly understood the purpose of the discussion. As a result FSU could not fully investigate the suspected breach because only a few employees participated in those discussions.

Commissioner Smith decided that the Commission would produce a notice to employees which is to be distributed by email or hard copy, and that Westpac and the FSU should confer about implementation of the Commission’s Order.

The FSU has agreed that it will commence these talks with Westpac on February 5th.

You will soon receive notice of FSU visits to investigate the Easter underpayments. In the meantime, please check your diaries for Easter in previous years.

FIRST INTERVIEWS WITH STAFF HELD TUESDAY 12th FEBRUARY. PLEASE CONTACT YOUR FSU REP FOR MORE DETAILS.