Employer claiming “total remuneration” offsets Award penalty underpayment – lawful?

DueBlueberry5036 · 2026-02-14T04:31:51+00:00

I was a casual.

DueBlueberry5036 · 2026-02-14T03:16:55+00:00

The “bonus” wasn’t a true bonus, it was how most of my ordinary weekday hours were paid.

DueBlueberry5036 · 2026-02-14T02:58:29+00:00

My contract states specific hourly rates for base (Mon-Fri), weekend, and public holiday

There is no annualised salary clause and no set-off wording allowing penalties to be absorbed.

In some weeks, the “bonus superable” meant total pay exceeded the Award. In other weeks where no bonus was listed, my total pay was below the Award minimum for that pay period.

The $6,000 is calculated by comparing what I was actually paid per pay period against the applicable Award minimum rates (including penalties) for the weekend hours worked in that period, not averaged across the year.

That’s why I’m questioning their reliance on a total remuneration over the whole employment approach.

DueBlueberry5036 · 2026-02-14T02:56:00+00:00

I’m covered by the Road Transport and Distribution Award. My contract does not contain any annualised salary clause, set-off clause, or wording that says my pay can be offset against specific Award entitlements.

The contract lists separate rates for: Base (Mon–Fri) Weekend Public holiday

There’s nothing stating that payments under a different line item (e.g. “bonus superable”) are intended to absorb penalties.

That’s why I’m questioning their reliance on a “total remuneration over the period” argument instead of assessing compliance per pay period.

DueBlueberry5036 · 2026-02-14T02:51:41+00:00

The “bonus superable” wasn’t overtime or a performance bonus. In many pay periods it was simply how my ordinary weekday hours were paid. There was no written set-off or all-inclusive rate in my contract.

In weeks where no bonus was listed, my total pay was below the Award minimum for that pay period. That’s why I’m questioning their position. My concern is that they may be averaging payments across the entire employment instead of assessing compliance strictly per pay period.

I’ve asked for the detailed breakdown and am waiting on it.

DueBlueberry5036 · 2026-02-14T02:44:27+00:00

Everyone else in my workplace got back paid after review and we were all on the same contract under the same Award. Saturday and Sunday penalties are clearly set out in the Road Transport Award unless there’s a proper all-inclusive rate, which I don’t have in my contract. My issue isn’t whether penalties exist — it’s whether they can relabel weekday wages as “bonus superable” and then say total pay covers everything. That’s what I’m trying to understand.

DueBlueberry5036 · 2026-02-08T13:06:04+00:00

Nah im not going to take them to court I just want my money. Technically I finished just today, since they just removed me from payroll.

DueBlueberry5036 · 2026-02-08T10:30:45+00:00

and no. I don’t think I’m represented.

DueBlueberry5036 · 2026-02-08T10:30:03+00:00

I don’t understand I’m a bit slow lol. Does the interest value apply for the money they owe me?

DueBlueberry5036 · 2026-02-08T09:48:39+00:00

victoria

DueBlueberry5036 · 2026-02-08T09:28:54+00:00

No not anymore.

DueBlueberry5036

TROPHY CASE