The Fair Work Commission has ordered the Northern Territory Government to pay a worker what could be more than $40,000 in back-payed higher duties allowances.

The action against Commissioner for Public Employment Vicki Telfer was taken by Major Projects administrative worker Maria Rust with Fair Work Commissioner Bernie Riordan finding Ms Rust has been paid at an AO5 level for the three years from May 2018 to May 2021, but was working at a A06 level, in a judgement handed down on Thursday.

“If an employee is performing the work of a higher grade, then they should be paid at that higher grade,” he said in his determination.

He ordered Ms Rust be backpaid as an AO6, with the appropriate increments in accordance with Clause 24.7 of the Agreement from May 16, 2018.

Ms Rust was represented by Darwin industrial relations consultant Lucio Matarazzo who said it was estimated Ms Rust was entitled to a gross amount of $43,575, based on an estimate of annual underpayments or more than $14,000.

“Our industrial relations consultancy is pleased with with this win in the Fair Work Commission,” he said.

“And this is a case that shows if public servants and have any dispute they should refer it to the Commission.”

In the background section of the Commission’s findings, Mr Matarazzo wrote on behalf of Ms Rust to Infrastructure, Planning and Logistics Department chief executive officer Andrew Kirkman on November 5 to resolve the matter, but he did nothing.

It further said Ms Rust had been employed in AO4 position, and picked up extra duties when an A07 colleague transferred out of the area. A job analysis questionnaire was assessed against Ms Rust’s role on May 16, 2018 and evaluated her position to be an AO6. But her project manager Ryan Coppola reviewed the situation and found there was not sufficient money in the budget for Ms Rust to be paid at the AO6 level, and removed functions and duties from the role to have it re-evaluated as an AO5 position.

However Ms Rust claimed, and the Commissioner agreed, that while the position was re-evaluated down to an AO5 grade, her duties remained unchanged from the AO6 evaluated level.

Mr Riordan said it has not been in dispute that the applicant has been preparing reports for the CEO and the minister, managing contracts with external contractors, and undertaking regular financial reviews by managing the cash flows for the project managers in the department.

He said she has also been directed to prepare tender documentation, undertake tender reviews and conduct regular audits on consultants, tasks and functions that were removed by Mr Coppola in downgrading the role from AO6 to A05.