r/AusLegal • u/ApprehensiveSail4642 • 13h ago

WA Apprentice Contract

When I first started work with a company, I was signed on as a “Apprentice” in WA, but I only signed a contract with the company and not a RTO. Here if you dont sign a contract with any registered training organisation, the contract is void.

I went to fairwork about it, they did say it was a breach of guidelines, and they contacted the company but they denied fault.

Story short, got signed on with a RTO a year later. i calculated the backpay and it was $10k (I have a specific number from my payslips.

I think my only option is small claims, and Im pretty sure I cant get a lawyer for something like this. What are my options?

2 Upvotes

100% Upvoted

3 comments sorted by

1

u/AutoModerator 13h ago

Welcome to r/AusLegal. Please read our rules before commenting. Please remember:

  1. Per rule 2, this subreddit is not a replacement for real legal advice. You should independently seek legal advice from a real, qualified practitioner, and verify any advice given in this sub. This sub cannot recommend specific lawyers.

  2. A non-exhaustive list of free legal services around Australia can be found here.

  3. Links to the each state and territory's respective Law Society are on the sidebar: you can use these links to find a lawyer in your area.

I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.

1

u/HoodoGuru 10h ago edited 9h ago

Are you telling me FWO just said "too bad so sad" they didn't investigate? Do you have anything in writing from them? Did you provide them with your calculations and why you believe you are underpaid by $10K? They have provide the results of their investigations.

I think you need to contact someone with legal expertise, there is a list of free legal services in WA in the wiki on the sidebar on this page. I suggest you make use of them. Are you a member of a union?

You could try contacting Wageline in WA and asking whether you can pursue the underpayment through the Industrial Magistrates Court. Fair Work and the employer denying fault doesn't necessarily mean you're out of options.

I'd also contact Circle Green Community Legal for advice before filing anything. You may be able to get help without paying for a private lawyer.

Keep your payslips, contracts and the calculation showing how you arrived at the $10k. Also check whether the employer was legally allowed to pay you apprentice rates before your training contract was registered.

Don't assume small claims is your only option.

1

u/bloodybollox 8h ago

I assume the underpayment is because there was no apprentice agreement so any wages paid at apprentice rates were underpaid. So should be paid as a labourers assistant or whatever the lowest classification is in the applicable Award.

OP are you still employed at that employer? You need to raise it with the employer and ask them to do a reconciliation. I would also provide your own calculations. If they won’t pay, you issue a letter of demand.