The Victorian Justice Department has been accused of widespread wage theft.

The Victorian Department of Justice and Community Safety (DJCS) faces formal accusations of wage theft involving mid-level public servants, specifically those classified as VPS Grades 5 to 7. 

The Community and Public Sector Union (CPSU) has initiated legal action, claiming that the department owes significant underpayments related to progression pay. 

This dispute affects up to 1,500 employees across the department and could amount to an estimated $4 million in compensation.

The CPSU, representing these public sector workers, says it has been engaged in this battle for over 18 months. 

The union argues that the DJCS has manipulated performance criteria to deny automatic progression to eligible employees. 

According to the CPSU, the department introduced additional performance measures such as “demonstrating measures of excellence” and “exceeding expectations” to withhold progression payments, actions which the union characterises as “methodical wage theft”.

The legal case, brought forward by Maurice Blackburn on behalf of the CPSU, alleges that the DJCS's practices violate the Victorian Public Service Enterprise Agreements of both 2016 and 2020. 

The union claims that workers who received a performance rating of “achieved expectations” were unjustly denied their rightful pay increases. 

These contraventions allegedly span a six-year period, with each affected worker being underpaid by several thousand dollars.

The CPSU has criticised the department for its prolonged “stonewalling” of the issue, accusing the DJCS of using selective language and budgetary concerns to justify the underpayments. 

“DJCS, like other departments, have applied language selectively… ostensibly as a budget control feature,” a union spokesperson stated.

If the case proceeds to the Federal Court, the union says it will seek compensation for affected employees, along with interest and penalties imposed on the department.

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