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Thread: Workplace Entitlements

  1. #1
    Member Uncle Stinky's Avatar
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    Workplace Entitlements

    Hi all,
    Anyone had any issues with an employer taking away workplace entitlements like leave loading? If so how did you go about getting them back?
    PSN- DOOOM666

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    Member BusaSteve's Avatar
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    Are you covered by an award?...little comfort if the boss says like it or leave despite any coverage.

    Good luck
    Smoke me a kipper...I'll be home in time for breakfast

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    Contact the Fair Work ombudsmen and ask them
    A friend of my missus had been getting underpaid shift penalties for several years and the employer was ordered to pay them back
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    Member Uncle Stinky's Avatar
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    Have contacted Wageline. I justed wanted to see if anyone else has been through something similar.
    PSN- DOOOM666

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    Member datsikk's Avatar
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    Quote Originally Posted by Uncle Stinky View Post
    Have contacted Wageline. I justed wanted to see if anyone else has been through something similar.
    I have worked at two places where the award was not adhered to. I just started doing what the award entitled me too. Left the first place of my own accord, still working at the second. Both employers are ASX listed companies!

    Alternatively, if you can keep a record of what you are missing out on, you could store it all till you leave/get sacked and then contact fair work.
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    Are you part of your industry union?

    This is what happens under a Liberal-National Government.
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  7. #7
    PSB Statesman Dubs's Avatar
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    oh lord
    conditions like leave loading are included and protected under certain awards or agreements (instruments), some they are'nt included in.

    first - find out what instrument covers you and check the provisions

    second - understand those provisions and measure them to what you currently receive AND ALSO to the level of work associated with that pay grade.
    ie Level 2 - managing people, budgets etc pays $1000pw, you dont do these things but get paid $1015 per week

    this is important to understand your minimum pay for the tasks you actually perform ACCORDING to the instrument that covers you.

    Example time:
    lets say there is a provision for leave loading and you are'nt getting it, and it amounted to $400pa
    AAAAND the employer is not paying you leave loading but pays you $50per month above your instrument level - totaling $600pa

    The employer could argue that you are not being disadvantaged per annum by not paying you leave loading - when compared to the appropriate level in your instrument AND MINIMUM ENTITLEMENTS of that level.

    A government body will generally ask a holistic question "Has the employee been disadvantaged compared to their MINIMUM entitlements under their covering instrument?"
    A wageline service wont tell you this, they will say "this is your entitlement and if you don't receive it then put in a claim".

    I'M saying, understand what you are entitled to and what you receive - then weigh it up against making a claim now.

    You should not have to do this but this is the world we live in - no matter who is in government.

    Keep your own clear records in case you want to claim now or later when you leave or when you're still there and DGAF.
    Think about your job market.
    Think about what rocking the boat while sitting in it might do.

    AGAIN You should not have to do these things, but only you can look out for you.

    Hope this helps

    Dubs
    Last edited by Dubs; 06-08-2018 at 02:49 PM.

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    Member Commander Keen's Avatar
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    Quote Originally Posted by Desmo View Post
    Why be a cunt about it?

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