The overtime error arose from an incorrect interpretation of the overtime clauses in the old enterprise agreement. (The Scope (Victoria) Ltd – Health Services Union of Australia – Disability Services Sector- Certified Agreement 2005.)
In addition, there were instances where the required increases to base rates of pay for ordinary hours of work were not correctly applied. This occurred due to a complexity in the legislation, which requires that higher minimum base rates in the industry modern award be applied instead of the lower base rates in the old enterprise agreement.
Whilst Scope had generally applied the minimum base rates in the modern award (or higher rates), there were instances where this did not occur, resulting in an underpayment of base rates of pay for some permanent and casual DSWs.