QLD Boss is trying to change my bonus scheme

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

iks1970

Member
20 August 2020
4
0
1
I'm a registered nurse, working in a clinic providing a paid service to the public. I have a, vaguely worded, bonus scheme outlined in my contract that is as follows:
1734080859170.png
I've been employed there for 4 years and never really paid attention to how much bonus I was getting and just assumed that they were doing the right thing.

A couple of weeks ago, right before my bonus is due to be paid, my boss sent me a variation letter to my contract for a "new and better bonus scheme" with a flat bonus of $2,500 (incl. super). I pointed out that I got about that amount last year and the clinic was now a lot busier, I would expect to get more staying on the current scheme, and I declined to sign the variation. This set things into motion where he consulted lawyers, and a few days ago culminated in him requesting a meeting with me. I requested that a union representative be there as well. Yesterday I was sent a new variation with the flat bonus of $5,000 (incl. super) and gave me until Monday to accept the new scheme or I stay on the current scheme. They outlined the calculation of my bonus on the current scheme, below, being $4,263.
1734081866769.png
Looking at this calculation, I see a couple of issues:
  1. The use of 9.5 days, which is "man days", as we opened a second clinic room to meet demand. There is nowhere in the current scheme that states the bonus is based on "man days" just normal days. The clinic is open 5.5 days a week (with the half day being Saturday).
  2. His calculation reduces the revenue to 5 "man days" so he can use the known Target Revenue of $170,000 to calculate the bonus, but he never increases it again to cover the full 9.5 "man days" again. If he did that it would be $8,100, which is a significant difference.
My main issue is I don't know what he is legally allowed to do to calculate my bonus. Is he allowed to assume "man days"? and, given the contract is vague, what is he allowed to do to define a Target Revenue for a number of days that is not explicitly defined in the scheme. For example, can he just say the Target Revenue for 5.5 days is $500,000 so that I get no bonus?

I've asked similar questions to my union representative, but because of the time of year she doesn't have the resources to answer my questions before Monday.

Thanks for any help that you are able to provide.