Legal action over a 25c pay difference has revealed what could be in store for business under ‘same job, same pay’ legislation, employers say.
Employers have leapt on a complex union dispute over what counts as “same job, same pay” to say the Albanese government’s upcoming labour hire laws threaten to tie up businesses in weeks of litigation and wage calculations.
“While it is yet to be seen whether the government’s proposal will operate precisely in the same way as the provisions considered in the case, the matter provides a vivid illustration of the kind of unreasonable complexity and costly litigation that the policy will likely impose on employers,” he said.“While the commission ultimately rejected the union claim, this only occurred after the employer was forced to waste time and resources dealing with complex FWC proceedings.
The labour hire worker, deployed to the paper mill in 2020 and 2021, was paid $54.99 an hour, less than the $60 an hour the AMWU said the direct workforce got paid under the equivalent classification. On top of $54.99 an hour, the deputy president found the labour hire worker got a $40 to $120 a week travel allowance and a safety bonus, which are conditions not offered to the direct workforce. Overtime pay for labour hire was also higher.
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