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Dear Ms Debbie,   I write in relation to AMWU member Jayden Ingles underpayment of wages and entitlements.   When Mr. Ingles started the employment with Lymington Investments Pty Ltd (Lymington) on 21 April 2021 his pay was agreed to be $24.8000 per hour with a Casual Loading of 25% which equates to $6.20 for a total of $31.00 per hour. This arrangement continued for 4 weeks until 18 May 2021.   From 19 May 2021 and until his last day of employment with Lymington, Mr. Ingles was only paid an hourly base of $24.8000 per hour with no mention of the 25% casual loading which he is entitled to.   Lymington asserts that the base rate of Mr Ingles is $19.84 per hour and that the rate of $24.8000 per hour is calculated inclusive of the 25% Casual Loading. It asserts that Mr Ingles was overpaid $676.42 for his 4 weeks of employment. Mr Ingles was told this happened due to a mistake by Lymington while entering Mr. Ingles’s information into the payment system.   The AMWU view is that Mr Ingles was paid correctly for the first 4 weeks of his employment. From 19 May 2022 till the end of his employment on XX 202X, he was underpaid (meaning he was not paid the 25% casual loading on top of his hourly rate). We estimate this amount to be $10,000.00.   As per pay slips sent to Mr. Ingles by Ms Debbie, it can be noted how the Base rate per hour of Mr. Ingles remained the same throughout the duration of the employment (base rate being shown as $24.8000 per hour). This rate did not change even after Lymington claimed the base rate was $19.84 per hour plus 25% casual loading. This is clearly incorrect.   The Fair Work Act 2009 s.536 and Fair Work Regulations 2009 r.3.45 and 3.46, state that pay slips must mention any loadings (including casual loading), allowances, bonuses, incentive-based payments, penalty rates or other paid entitlements that can be separated out from an employee’s ordinary hourly rate. For example, a note could be included on a pay slip that the hourly rate incorporates the relevant casual loading.   Pay slips from 19 May 2021 to 04 January 2022 do not mention any casual loading been paid to Mr. Ingles or been included in the base rate. This is a civil penalty provision which means that the company may be liable for penalties for breach of the Fair Work Act and Regulations.   The AMWU of the view Mr. Ingles was not correctly paid the 25% casual loading from 19 May 2021 to 04 January 2022.   Lymington Investments should as soon as practicable and without delay:   1. Pay back to Mr Ingles the amount of $676.42 for his 4 weeks of employment, 2. Pay the 25% casual loading for the time frame mentioned above (Starting from 19 May 2021 and until his last day of employment) for a total of: $10,000.00   Should you fail to provide a response, or a satisfactory response, the AMWU and its member reserve all of their rights to make an application in a court of competent jurisdiction seeking back-payment as well as pecuniary penalties arising from, for example, any failure to comply with obligations arising under the FW Act.   Please do not hesitate to contact me should you wish to discuss this matter.   Yours sincerely,