Underpaid by my employer
Hey everyone, I am looking for some insight from anyone who has gone down the award underpayment rabbit hole in the tech space.
For context I am covered under the Professional Employees Award 2020 as a Technical Support Engineer with over five years of solid SaaS experience and operate with high autonomy. HR just confirmed to me in writing that my formal classification is Level 3, but looking at my salary, I have estimated that I am currently short by around 8k for this classification level alone. Because of this shortfall, they definitely cannot claim any all-in salary exemptions for overtime or allowances either.
It originally took HR a full month to answer my basic question about what award I am on before they finally cracked and confirmed Level 3 (literally on July 1st) I have since sent a formal email requesting my historical classification data and award mapping since I started with the business in 2024 so I can audit my historical placement. Naturally, they have gone completely dark. The absolute kicker here is that my employer is literally a major workforce management, automated compliance, and payroll software company. You honestly cannot make this shit up.
I want to know if there is any weird legal loophole where an employer can classify you as Level 3 in writing but pay you below the baseline because you rely on equivalent experience instead of a formal degree. If they try to walk back their written confirmation and claim I am actually Level 2 to cover their payroll error, how does the FWO view that kind of retaliation? Finally, if they ghost my data request for a week or so, should my next step be a formal Letter of Demand or should I go straight to lodging an FWO dispute? Keen to hear from any payroll compliance experts or anyone who has dealt with tech award underpayments.
Cheers.