Know the Fine Print of Your Pay and Remuneration

I’m going to assume that most of you are reading this because you want money for your effort. This leads to two questions: 

-          how do you make sure your boss isn't ripping you off?

-          how do you make more?!

It is absolutely worth asking your employer at the interview stage about how you can earn more in the organisation as you progress in your career (always get it in writing!). But here are some additional things that are worth knowing: 

·         There is no such thing as a day rate[1]. All pay in Australia is pegged to hours. If an employer is offering you “$300 a day” then ask them what the hourly rate is and/or how many hours you will be working per day. 

·         While some Awards use qualifications and experience as a starting point for pay[2], usually your pay is not based on your qualification. Instead, it is based on your job role. It doesn’t matter if you’ve got a PhD in Outdoor Education, if you are simply a belayer at an artificial climbing wall for a holiday camp, you are only going to be making minimum wage according to the Amusements and Recreation Award. (Always read the Award to see what applies to your specific workplace.)

·         Experience, length of employment, responsibility, a combination of these factors, or any number of other factors can also impact upon your pay. If you are under an Award wage then the Award will specify minimum rates and how to progress up the “levels”, but if there isn't an Award that applies then there is no legal requirement to pay you any more than the minimum wage (you may have to negotiate if you think you are worth more).

·         If you do multiple tasks in a job (for example you spend part of your time working in the office doing program planning, and part of the time in the field doing group leading), then you need to be paid according to your primary job function. What this basically means is that if you spend more time in the field than in the office then your office work gets paid at the field rate, but if you spend more time in the office than in the field then you get paid the field work at the office rate.

·         As a casual employee your boss can offer you a different contract every time you work for them.

Questions to think about and/or to ask when you start your job:

There is a lot to think about!

• When do you get paid? (weekly, fornightly, or monthly?)

• Payslips 

o   must be provided every pay

o   can be provided in a hardcopy form or via email. 

o   If you don’t understand what your payslip is telling you then make sure you ask your employer to explain it to you.

• Payment Summaries 

o   These summarise your pay (and tax and other stuff) for the last financial year

o   They used to be called group certificates.

o   They used to be given to you by the 14th of July each year but are now provided direct to the ATO and are available through your MyGov/ATO online portal. You no longer ask your employer for these.

• Do you get any perks (meals, accommodation, a vehicle, pro deals on gear and more)? 

o   If so, are they deducted from your pay or included as a fringe benefit? (if they are being deducted or have an impact on your tax then you need to know about these things and do some homework!)

• What are your Normal Hours of Work? 

o   Do they have a policy about the maximum number of hours or days in a row you can work without a break?

• What penalty rates apply for overtime, broken shifts, being on call, overnight work, etc? 

o   Remember, the pay should be pegged to hours, not a day rate, and your hours of work will vary greatly based on a number of factors (including weather conditions, client abilities, your experience, other site users, and unforeseen incidents), 

• What is the minimum shift length? 

o   If you’re award free there are no minimum shift requirements. 

o   Most awards specify the minimum shift length

• What is the minimum notice you will be given for cancelling shifts?

o   Especially important as a casual employee

• Do you get public holidays, weekends, and other penalty rates?

• Do any of these apply: Annual Leave, Sick Leave, Paid Parental Leave, and other leave?

• Do I have to wear a uniform? Who pays for it? Is it mine to keep or do I have to give it back? 

• Do you get a laundry allowance? A first aid allowance? Any other allowances like travel, meals or something else? Some of these are prescribed in awards.

• Who pays for the maintenance and recertification of my qualifications? (eg First Aid or professional registration)

• Do you get paid less if you are under the age of 21? And what will your pay go up to each year as you get older? 

o   I would argue that if you are over 18 and taking on a job role like being an independent group leader, that getting paid less because of your age is inappropriate. I would encourage you to think through this and discuss it with your employer.

Other things to be aware of:

• There is no such thing as Unpaid Training, Staff Meetings or Prep Hours for programs. This is illegal. 

o   Staff meetings can be voluntary, and employers often ply their staff with free food and booze and outdoor gear. But you cannot be disadvantaged at work for declining to go to a voluntary staff meeting (e.g. “you won’t get work unless you come”). That is illegal.

• An employer can not take deductions out of your pay (they cannot "dock your pay") unless:

  • the employee agrees in writing and it’s mainly for the employee’s benefit

  • AND it’s allowed by a law, court order, or Fair Work Commission order

  • AND it’s allowed under the employee’s award, or it’s allowed under the employee’s registered agreement and the employee agrees to it.

o  Acceptable deductions might be voluntary Superannuation contributions or salary sacrficie arrangements.

o  "It depends" examples might be if your employer docks your pay for accommodation, it must be spelled out in your employment contract. 

o  Unacceptable deductions are taking deductions from your pay for things like the petty cash being short, or equipment being broken by you, etc.

o  Additionally, “cash back” schemes (where your employer pays you the correct amount but then requires you to pay back a portion of your wage to them) are illegal.

• There are Unfair Dismissal and Probationary Periods in all employment contracts that are not optional. 

o   In your first few months of employment (6 months or 12 months depending on the size of the organisation employing you), you can be fired without any reason. For example, your boss might decide that you simply weren’t a good fit. However termination will only be allowed in accordance with Australia's Fair Work Dismissal Codes.

• Unlawful Termination is different to Unfair Dismissal, and it says an employer can’t fire you for a “prohibited reason”. This includes things like your race, sex, religion, pregnancy etc

• Ceasing your employment: even if you have a contract that says you are employed for 2 years, you can quit whenever you like.

o   There may be some implications spelled out in your contract if you do quit, but generally speaking they cannot withhold pay, nor can they force you to stay. 

• There are freedom of association and workplace rights (general protections) and right of entry provisions (of unions etc in to the workplace)

o   You cannot be discriminated against for being a member of a union

o   N.B. Some workplaces require you to be a member of union to gain employment. Make sure you look in to this carefully.

Non-Payment of Wages.

If your wages (or superannuation) are not being paid on time, this should be a major red flag. Apart from being mega illegal, it is a huge risk for you. If an employer doesn’t pay you (or you think you are being paid incorrectly) then bring it up with them straight away. 

If the issue drags on for more than a week, or if it happens more than once then go straight to the Fair Work Ombudsman. The reason for this advice is that when a business is having trouble paying wages it can be an indication that the business might be in real financial trouble. Unfortunately, if a business goes broke/bankrupt/disappears to the Cayman Islands (or Panama!) then employees have very little protections and are unlikely to see their pay and entitlements. Take care! 

[1] In some EBAs the pay rate has been converted to a day rate. If your EBA has a day rate, then I’d strongly urge you to look at the Award that the EBA was based on, consider the hours and pay rates involved in each, and if you would be better off under the Award then have a chat to your employer. This is particularly worth doing if you are a casual employee.

[2] For example, for Physiotherapists in NSW Public Health. If you have a PhD in paediatric physiotherapy you would get paid more - even in a generalist job role. Having said that, my understanding is that the job role is nearly always the primary driver, with qualifications and experience being an additional (sometimes optional) factor.