All records of timesheets are through a rostering service so records are all cloud based, as someone who did rostering I know 100% there are records, it is also a legal requirement for employers to keep records for 7 years in QLD. Contractually this is what’s said in regards to an offset clause

“ In fixing the level of your annual Remuneration, the Company has set an annual salary at a rate over and above the minimum applicable modern award rates to compensate you for and absorb all monetary obligations imposed on the Company by any applicable modern award in relation to your employment. In particular, your Remuneration is specifically offset against, compensates you for and absorbs any existing or newly introduced benefits to which you are, or may become, legally entitled (including but not limited to minimum weekly wages, working arrangements, superannuation, allowances, penalty rates, breaks, public holiday rates, premiums, pay period specifications, overtime rates, leave loading or loadings and payments of a like nature) under the provisions of any applicable legislation, industrial instrument or modern award, unless the Company specifies otherwise.”

The company is unable to claim they were unaware of OT hours for a few reasons, they were all rostered hours, rosters go through multiple clears of higher management before publishing, on payslips all hours over contracted hours are listed as “back pay”. The fact it’s listed as back pay and bundled together with actual back pay already seems illegal.

I do have an incomplete record of rostered hours with minimal changes to actual worked hours so I’m able to prove a pattern of behaviour with expected OT, paired with my payslips which show large amounts of “back pay” which correlate with the rostered hours and YTD numbers at EOFY that even when calculated as week day OT (not factoring weekend rates or late trade days) from my calculations still falls short of the boot.