illegal?? (1 Viewer)

[nhoustonrocks]

So I recently went in for an interview for a museum..I won't give names at the present time, and they said that their rate is $20 something an hour which is okay, and then went on to mention that because it is open every day of the year, they will only pay penalty rates on Christmas and New Years (double time I think) - which means only standard pay on all other public holidays and weekends as well.

I wasn't sure if this was wrong or not so I contacted the HR manager who said that their agreements are confidential and would not tell me anything more, so I was just wondering if they are allowed to only pay penalty rates on Christmas and New Years?

Thanks in advance

 

[powlmao]

They mean they will only pay it on public holidays.

This means you won't get weekend penlaty rates.

This is legal

 

[SnowFox]

"standard pay on all other public holidays and weekends"

If they do work on a public holiday

Employees are entitled to be paid a minimum of their base rate of pay for all hours worked on a public holiday.

However, under many awards and agreements, an employee who works on a public holiday may:

receive a penalty rate or loading for the hours they work
be provided with time off instead of payment of penalty rates
receive equivalent time added to their annual leave.

Really it depends on your agreement. Also you can refuse to work pub holidays if you wish under the NES act.

http://www.fairwork.gov.au/leave/public-holidays/pages/what-employees-get.aspx
http://www.fairwork.gov.au/factsheets/FWO-Fact-sheet-Public-holidays-and-the-NES.pdf

 

[powlmao]

"standard pay on all other public holidays and weekends"



Really it depends on your agreement. Also you can refuse to work pub holidays if you wish under the NES act.

http://www.fairwork.gov.au/leave/public-holidays/pages/what-employees-get.aspx
http://www.fairwork.gov.au/factsheets/FWO-Fact-sheet-Public-holidays-and-the-NES.pdf

Employees have the right to refuse to work on those days as long as they have enough staff.

I work at Big W, and a few weeks before a holiday, they put a list up and if you want to work you write your name. However if they don't have enough workers, they have the right to roster people on


Depends on your award/eba

 

[nhoustonrocks]

Thanks, I guess it depends on what their agreement is then.

Arghhh I wish all these work agreements weren't so complex!

 

[powlmao]

Thanks, I guess it depends on what their agreement is then.

Arghhh I wish all these work agreements weren't so complex!

They aren't really. They are quite simple.

Send me it and I will tell you the main parts if you like.


Remember, with time it gets in easier over time

 

[nhoustonrocks]

They aren't really. They are quite simple.

Send me it and I will tell you the main parts if you like.


Remember, with time it gets in easier over time

Well unfortunately the HR manager said that their agreements were confidential and so I don't know what their agreement is.

But thanks anyway

 

[powlmao]

I think he/she meant that individual contracts.

It should be under an award which is public

 

[nhoustonrocks]

Well yeah I thought it may have been under an award as well

https://extranet.deewr.gov.au/ccmsv... Recreation Award 2010&DOCUMENT_CODE=MA000080

That's the current Amusement, Events and Recreation Award and it covers museums so I assume that it will cover this particular one.
But I think they must have their own agreement at an enterprise level so they dont have to follow this award. Meh I don't know, I'm going to stay with my current job, at least they pay public holiday rates for all public holidays.