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Your Rights at Work: extracts from our Rights at Work Handbook
02 August 2004
This is an introduction to your rights at work, as printed in the Working Students Union Network Rights at Work Handbook. Please note the information was current as at Jan 2004, and it is only a guide - we recommend that you seek furhter advice from your union office.
You can also download the handbook, or order copies by emailing workingstudents@labor.org.au.
Are you getting paid what you're worth?
Employers are legally required to pay no less than the minimum rates of pay set by awards and agreements. If the rates of pay increase your employer is obliged to increase your pay accordingly. To find out which award covers you, go to:
www.industrialrelations.nsw.gov.au/awards/index.html
Your employer must provide you with a pay slip. It must include the amount that you have been paid, the hours you have worked, how much tax has been deducted, how much superannuation has been contributed and other deductions that have been taken out of your pay. Check your pay slip to ensure that you aren't being ripped off.
Awards and agreements
Awards are determined by industrial relations commissions and set out the minimum working conditions of employees in specific industries and occupations. You can find out if you are covered by a relevant award by going to www.industrialrelations.nsw.gov.au/awards/index.html
Enterprise agreements (or Certified agreements) set out the employment terms and conditions at a particular workplace, which cannot be less favourable than the minimum employment conditions in the law or a relevant award.
What about your hours?
The normal hours of work are usually set out in awards and agreements.
Most awards and agreements say that if you work more than your normal hours you are entitled to overtime, which means that you receive a higher hourly rate of pay for all extra time worked. Beware of unpaid overtime. Many people are cheated by working hours they are not being paid for. So don't work for nothing.
If you work on days or at times that are not the normal hours of work in your industry or workplace (e.g. weekends) you may be entitled to a higher rate of pay. Employers have to provide you with a roster of when you are required to work and give reasonable notice before the roster begins. Your employer should consult with you to change your hours or days of work.
You are entitled to a meal break of half an hour after five hours continuous work and additional breaks if you work beyond certain time periods. Check your award/agreement for details.
How are you being paid?
Your employment contract normally states how you will be paid. It is not legally acceptable to be paid 'in kind' (with goods or services) or 'cash-in-hand.' 'Cash-in-hand' means that you avoid paying taxes on your income. This type of employment may not be beneficial to you as a worker. Your employer may not be paying you the correct wage rate or your entitlements. Your employer may also refuse to recognise you as an employee, which could prevent you from claiming compensation in case of injury. You might have difficulties proving your financial independence for Centrelink purposes.
If you are working 'cash-in-hand' keep a record of all the hours you work and all the money paid to you. You should seek advice from your union if your employer refuses to recognise you as an
employee.
What are your leave entitlements?
Annual Leave - minimum is four weeks per year.
Sick Leave - minimum entitlement is five days per year, but most awards and agreements provide for more than five days. Sick leave may be taken as carers leave to care for a sick family member.
Maternity/Parental Leave - you and your partner are entitled to a maximum combined 52 weeks leave unpaid.
Bereavement Leave - may be taken on the death of a family member. Some awards and agreements include additional leave entitlements. The entitlements are in your award/agreement and may include leave for religious holidays, study leave, etc.
Types of work - are you full-time, part-time, casual or on contract?
Full-time, part-time and causal employment are the main types of employment status. They carry different entitlements.
Full-time Work:
Full-time workers work between 35 to 40 standard hours each week. Full-time employees are paid either a salary or wage based upon an hourly rate. Full-time workers get a full range of entitlements including paid annual leave, sick leave and must be given minimum notice if terminated.
Part-time Work:
Part-time workers work fewer hours than the standard full-time hours specified in the relevant award or agreement. Some awards and agreements state the maximum as well as minimum hours for part-time workers. Part-time workers accrue similar entitlements to those of full-time workers but on a pro-rata basis
Casual Work:
A casual worker is hired on an hourly or daily basis. Casual workers are employed to perform work of a short-term, irregular or seasonal nature, either working full-time or part-time hours. Casual employment can be particularly vulnerable. Casual workers are not entitled to paid leave. This is compensated by an hourly loading ranging between 10% and 25% of their hourly rate of pay. If you are working regular hours with the same employer over an extended period (especially if you have worked for over six months), you should check with your union to see if you are entitled to permanent part-time status.
Temporary/Contract Work:
Temporary employees are employed for specific periods of time to complete a particular project or to replace employees that are absent on leave. They work either part-time or full-time hours and are entitled to the same pay, conditions and entitlements as permanent workers for the period that they are employed.
Individual Contracts
Individual Contracts can be common law contracts or Australian Workplace Agreements (AWAs) and are made between an employer and an employee. Common law contracts set out employment terms and conditions, which cannot be less favourable than the relevant award or the minimum wage (if there is no award). Australian Workplace Agreements (AWAs) are another form of individual agreement. AWAs are made between employers and employees in the Federal industrial relations jurisdiction. Unions oppose these agreements because AWAs can be used to diminish the conditions of workers and destroy collective bargaining. It is very important you obtain advice from your union before signing an AWA. You should seek advice from your union if you are asked to sign an AWA. Unions can assist you as a 'bargaining agent' in negotiations. If you are an existing employee you are allowed 14 days to consider signing an AWA and five days if you are a new employee.
NSW safety laws
The NSW Occupational Health and Safety Act says that employers must provide a safe working environment and take reasonable steps to reduce the chance of accidents or illness at the workplace. Employers must provide workers with a safe workplace and safety equipment where needed. All employers must identify hazards in the workplace, meaning that employers need to look at all work practices, furniture, equipment, chemicals, workplace design, noise, temperature, and the potential for bullying, harassment and violence. Employers must consult their workers and union representatives to identify risks and hazards and to take appropriate steps to make the workplace safe.
All trade unions have safety experts that can visit workplaces to help identify risks and improve safety. Workers also have responsibilities when it comes to OHS. You must ensure that you take all reasonable steps to reduce the chance of causing accidents or illness in the workplace. You must wear any protective clothing if it is provided by your employer, follow all safety procedures and report any practice that is unsafe. Employers and workers can be fined if they do not take reasonable steps to reduce the chance of accidents and illness at the workplace.
Workers compensation
If someone is injured at work, or becomes sick because of work, they are entitled to workers compensation. They receive their normal weekly wage and reimbursement for any medical expenses whilst they are off work. Workers compensation also covers any accidents that occur on the way to or from work. The aim is to have the worker back at work as soon as possible. Often a person is able to return to work but can't perform their full range of duties. When this happens, their employer must provide suitable duties until they are able to return to their normal job. A worker injured at work, or sick through work, must notify the employer as soon as possible so that a claim can be made and payments paid. If there is a dispute about workers compensation, the matter can be taken to a commission by a union for resolution. Unions also have solicitors who can provide free legal support to members.
Discrimination
Discriminating against someone at work is unlawful. Discrimination is treating people unfairly or harassing them because they belong to a particular group. It is against the law in NSW for any employer, including the Government, to discriminate against an employee or job applicant because of their age, sex, pregnancy, disability (includes past, present or possible future disability), race, colour, ethnic or ethno-religious background, carers responsibilities, descent or nationality, marital status, sexuality, or gender identification.
If you feel you have been discriminated against at work, contact your union or the NSW Anti-Discrimination Board on (02) 9268 5555.
Sexual harassment is a type of sex discrimination and is against the law. It is verbal or physical behaviour that has a sexual element, is unwelcome and non-reciprocated, and offends, humiliates and/or intimidates. Sexual harassment can include unwelcome jokes and comments of a sexual nature, leering and whistling, displaying of offensive pictures and publications, subtle or explicit requests for sexual activity, unwanted and unnecessary physical contact, harassment around a person's presumed or actual sexuality and intrusive questions about private life.
All employers must provide a harassment-free workplace. If they don't, they may be held legally responsible for sexual harassment committed by their employees. Sexual harassment can harm your working and personal life and you have a right to insist it stops. Here are some options for things you can do:
- resolve the situation quickly yourself by explaining to the person who is harassing you that their behaviour is unwanted
- contact your union for advice or visit www. labor.net.au
Superannuation
Superannuation is a savings scheme so workers have money when they retire. All employers must make contributions of no less than 9% of what you earn into your approved superannuation fund unless:
- You are under 18 years old and work less than 30 hours per week
- You earn less than $450 per month (including tax)
- You perform work of a domestic or private nature and work 30 hours per week or less
If you are not getting superannuation payments you are being robbed 9% of your entitlements. Retirement may be a distant prospect, but it's your money. You should contact your union so they can pursue your superannuation payments. Also, speak to your union as to which fund is best for you. You have this entitlement because unions fought to extend superannuation from a minority of managers and public servants to the entire workforce.
Leaving a job and Unfair Dismissal
Either you or your employer can end your employment. If you quit your job you must give notice to your boss in advance, usually two weeks before you finish work depending on your award or agreement.
Your employer must give you a reason if you are sacked. If you are sacked from your job, talk to your union delegate or your union office immediately. You may have rights under unfair dismissal laws if due process has not been followed.You have 21 days in which to file for unfair dismissal.
If your dismissal is found to be unfair, you may have rights to reinstatement or compensation.
Download more info:
You can download the Handbook here
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