Aurizon ordered to pay worker returning from maternity leave what she deserves

Aurizon has been ordered to pay a driver returning part-time from maternity leave the full pro-rata rate of pay after the RTBU QLD went in to bat for the worker at the Fair Work Commission.

The driver, who requested part-time employment following her maternity leave, was set to receive a reduced amount under a compassionate grounds/short-term medical disability clause when she returned.

When she returned to work, the driver was working a fixed 60 hour week including shifts, night shifts and weekends in order to work around childcare commitments.

The company was attempting to use the clause in the agreement which reads: “Where an employee is not able to perform full depot duties for compassionate reasons, or due to a short term medical disability, they will retain their full flat rate for a period of 6 weeks. . . Periods which exceed 6 weeks will be reviewed on a case by case basis to determine the percentage of the full flat rate . . . ”

The union representatives for the worker argued that defining the care of a child as a “compassionate” ground is clearly insulating, and bordering on discriminatory and that in 2015 company’s should have a good understanding of the needs of parents returning to work after parental leave.

The Fair Work Commission sided with the worker and ordered Aurizon to pay the worker full penalty rates.

You can see the full FWC decision here.