Legally Right?...Maybe

• General News
• 29th June 2016

Toll Liquid drivers who work on a rotating shift roster are protesting loudly about the firm’s unfair and discriminatory underpayment of their superannuation guarantee entitlements.

They rightly believe that when they work no less than 35 hours per week – including Saturday and Sunday work - in the rostered seven day weekly cycle - their superannuation should be calculated at no less than 35 ordinary hours.

However, if their shift has three days of ordinary hours – then they work on the weekend they don’t get their super for the overtime days days because Toll claims Saturdays and Sundays are paid at overtime rates.

Toll argues that because superannuation is not paid on overtime they only have to pay it for the three days at ordinary rates.

The drivers say that is WRONG and so does the TWU.

We believe the intent of our mandatory super laws is that workers super must be paid on a minimum of 38 hours per week – or in the case of tanker drivers – 35 hours.

So we have written to the ATO asking them to investigate the situation at Toll Liquid and give their advice or opinion.

We believe what Toll Liquid is doing to their drivers is morally wrong.

All the drivers other entitlements such as annual leave accruals, LSL , personal leave etc, are calculated on a full working week. And super should be the same.

More to come on this one.