After the ASU’s case in the Fair Work Commission, Jetstar has agreed that it has been applying the EBA incorrectly, and not paying employees double time for all hours worked on a shift that was changed by 30 minutes or more with less than 48 hours notice. This means you might be entitled to back pay.
Who can claim back pay?
You can claim back pay for any shift from 2011 to now that was changed by 30 minutes or more with less than 48 hours’ notice, if any of the following apply to you:
- You were not paid double time for the shift because management said you agreed to the change (Reality Check: whether you agreed or not, if it was a change initiated by management, you should have been paid double time).
- You were only paid double time for some of the hours of the shift because management said they only had to pay you double time for the hours that were changed, not the whole shift (Reality Check: you should have been paid double time for the whole shift).
- You are a part time employee and were not paid double time for the shift at all (Reality Check: despite what management has said in the past, part time employees are eligible for Nil 48 too).
- You were paid double time for the shift, but because management treated it as ‘overtime’ you did not accrue any leave or superannuation (Reality Check: you should be paid superannuation and accrue leave on Nil 48 hours).