Bruce v M J Doecke Shearing & Pastoral Pty Ltd [2026] SAET 17

Judgment (3 paragraphs)

[1]

By application dated 10 December 2024, the applicant brings a money claim against the respondent for alleged unpaid overtime, mess allowance and superannuation in the sum of $1065.62 plus interest.
The respondent is a shearing contractor for whom the applicant worked as a woolclasser. The applicant was paid a verbally agreed rate of $500 per day. There appears to be no dispute that such a rate is in excess of the rates set out in the Pastoral Award 2020.
The applicant contends that in the relevant week, he worked 42 hours when normal hours under the Award were 38 and that therefore an entitlement to overtime arises. Additionally, he was charged $28 per day for food. Superannuation was not paid in the time required.
While no formal response has been filed and served by the respondent, the respondent does not appear to dispute these allegations but rather asserts that as the applicant was paid 'massively over the award',[1] he nevertheless was better off.
The documents provided suggest superannuation has been paid, albeit late, but further superannuation will be payable on any wages shortfall.
Relevantly, the Award provides the parties may agree to vary the application of the terms of the Award relating to overtime rates and allowances[2] provided it results in the employee being better off overall.[3] Any such agreement must be in writing[4] and specify how the Award is varied and how the worker is better off than under the Award.[5]
There is no suggestion that the formal requirements of Clause 5 have been complied with. Accordingly, the Award entitlements continue to apply.

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Judgment (3 paragraphs)

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