It has come to our attention that Mosaic haven't been paying shift penalties on workers’ annual leave for months. This means workers get paid less by taking annual leave.
While negotiating the current agreement, Mosaic promised that employees wouldn’t be worse off under the agreement than the award. Midway through the agreement, they decided that shift workers shouldn’t get afternoon and night penalties as part of their annual leave loading.
This is what the agreement says:
A shift worker, in addition to their ordinary pay, will be paid the higher of:
An annual leave loading of 17.5% of their rate of pay; or ii.
ii. The weekend shift penalties the employee would have received had they not been on leave during the relevant period.
Mosaic says that because there isn’t the word “and” between “weekend” and “shift penalties”, they only have to pay weekend shift penalties or leave loading when workers take annual leave.
We wrote Mosaic to tell them that this isn’t right and they’ve broken their legal obligation to take all reasonable steps to ensure that they explained the terms of their agreement properly.
Unfortunately, Mosaic have refused to rectify this and intend to keep ripping you off to save a few bucks. We will continue to fight against Mosaic’s disgraceful greed by taking this issue to the Fair Work Commission.
If you have been affected by this, please contact HACSUassist on 1300 880 032or at email@example.com