Unpaid or underpaid employees: Wison v Nowra Coaches

The recent matter of Wilson v Nowra Coaches Pty Ltd highlights the difficulty employees and employers face when determining an employee's minimum employment entitlements.

Background

Wilson commenced a small claim action against his employer, Nowra Coaches, in the Federal Circuit Court, alleging that he had been underpaid $16,189.41. This amount consisted of 5.25 hours pay per trip with respect to 137 trips which he claimed he was entitled to be paid under the Passenger Vehicle Transportation Award (Modern Award).
The issues in dispute between the parties were:

1. whether Wilson was covered by the Modern Award; and
2. the application of clause 15.2 of the Modern Award, which provided a living away from home allowance on the following terms: