Last week, ASU notified Neami that we had concerns your ERO increase had not been applied to pay rates in the 2015 Agreement, from 1 December 2018.
Investigation provides some answers
Feedback from Neami on Monday morning confirmed our worst concerns. Neami acknowledged that a number of classifications are being paid rates that fall below the modern award rates. This is because Neami have continued to pay staff the rates set out in the 2015 Agreement, which fall below the Equal Remuneration Order rates (“the ERO rates”) that applied to the modern award rates from 1 December 2018.
We are also aware that Neami have written to staff advising that they will continue to delay payment of minimum rates of pay until the 2018 Agreement has been approved by the commission.
It is completely unacceptable for an organisation to acknowledge that they are in breach of the Fair Work Act 2009 (Cth) and avoid rectifying the problem by delaying correction of the current underpayment.
Next steps?
We have written to Neami to demand that they urgently apply the pay rates set out in the 2018 Agreement, including backpay from 1 July 2018. We consider that this is fair for employees and also saves Neami from having to apply a pay rise now, as well as the 1 July 2018 pay rates and back pay when your 2018 Agreement is approved.
Should Neami continue to delay correcting the underpayment, the ASU intends to lodge a dispute in the Fair Work Commission and seek a consent order to end the underpayment of wages at Neami.
It pays to belong to the ASU – Not a member yet?
If you’re not a member of the ASU, you can join online now at our secure form: www.asu.asn.au/asujoin
If you have any questions please contact your local ASU organiser or ASU representative (Download the full bulletin here). 
Neami Bulletin - 20 February 2019