Very long post, sorry bare with.
I am currently in NSW and on jobseeker. I have a minor disability but one that unfortunately prevents a lot of companies hiring me because its back related. I recently came to a company that help people with disabilities get work. The 9th of Feb I started working for a store that has 11 shops across Sydney and thought this would be a great opportunity for me. While the experience is good I can't help but feel it's dodgy. I'm only doing my minimum of 15 hours and I'm incredibly grateful for that alone but whenever I ask questions I get snubbed. After the first week, just 15 hours I asked out of curiosity when the pay day was. Normal question I'd assume but I got oh you have to ask your case manager that. Ok so I emailed her and she asked them who then on my 3rd day but second week got me to fill an info sheet out with bank details and super etc. Did that on the 16th and was told it's every third week. I thought it odd. Well I handed in said form on the 16th. Come the third week (24th) I still hadn't been paid and noted my hours were only 14pw. So I rang my case worker who called the boss as I have no way to contact them myself and he assured her I was getting 15hrs but they hadn't received my details. I explained I handed it in and also took a picture of it on the 16th. Big fuss their end saying they didn't receive it, but on the 25th they paid my first to days equalling 15hrs. They say they're paying me for my break. I worked Tuesdays 10-6 with a 15 min rest break and thursday 5-9 pm with a 15 min break. Is that legal? I was under the impression over 5 hours grants a 30minute meal break. I'm in no position to leave the role as I will lose jobseeker for 6 weeks and my family could not survive that but I also am happy to be getting the experience I so desperately need. New roster comes in for next week, 1st-7th and I have Tuesday 11-4.30 and Saturday 9.30- 5pm. Different stores to where I have had my first three weeks but I'm ok with that. However I asked if I get time and a half for Saturday but was told as its a bi-shift I do not. After asking what a bi-shift is I was again told to consult my case manager and have now emailed her again asking and hope to hear from her on Monday. Am I being ungrateful or do I have a right to ask these questions? Anyone know what a bi-shift is? Should I consult my union? I feel they get annoyed when I question my rights. Sorry again for long post but I don't know how to handle the situation.
Work rights
Work rights
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IM's In Business
5 Replies
Each industry is different for breaks but yes, most are you should get minimum 2 x 15 minute paid breaks and one half hour unpaid for an 8 hour plus shift. Less breaks for shorter shifts. It sounds like this company is taking advantage of disabled workers as they would be paying a reduced rate. I would ask if you can go another way to find work, for instance study or maybe a grant to start your own business. The money is there to help people like you unfortunately it often gets used the wrong way and wasted through undeserving employers and agencies!
To be paid less than award you need to be in supported employment which would not be the case here. Thus would be open employment.
No, she gets paid through the agency by the sounds of it so that would mean the agency is paying her full wages, yes. But the employer would be paying a reduced rate to the agency, a perk of hiring someone who is considered disabled.
I worked at coles 20 years ago and during that time we lost penalty rates for Saturday’s, dont imagine things have changed. Can you check the EBA? Should all be on there re breaks.
I would contact fairwork Australia to get the correct information for your industry