Hours of Perm Full Term

[FstStig]

Hey Guys,

I have been at my job for nearly 7 months and my hours are from 7:30 - 5, 5 days a week. Some days I'm not getting out until 5.30 - 6.00. Am I correct in thinking I should be only working until 3.30 - 4.00 at the max if you include breaks (15mins for morning tea and 30mins for lunch) as a standard 8 hour day and anything over this should be paid over time?

Thanks

Black_Stig
P.S.: I'm a trade assistant in a Mechanical and Panel Beating workshop.

[Drawnnite]

i would have thought that you would be working a 40hr week (unless you have Rdos (36 or 38 hour week)

and the extra should be overtime.

however in your contract does it state your horus of work, as that could be a clause causing your issues.

[Bravotwozero]

7.6 hours per day minus your lunch break. Anything over that should be overtime.

i would have thought that you would be working a 40hr week (unless you have Rdos (36 or 38 hour week)

and the extra should be overtime.

however in your contract does it state your horus of work, as that could be a clause causing your issues.

A contract doesn't over-ride the law.

[FstStig]

Nar no RDO's. From what I believe my Job network provider when I was with them, they told them I was doing a 38 hour week, complete bullshit. I was never given a contract to sign. It was a interview one day and I started the next. I'm thinking of calling the Department of fair trading ombudsmen and see what the go and what steps I should take.

[Bravotwozero]

Yeah get on to someone mate. Sounds to me like you're getting royally shafted.

[Drawnnite]

7.6 hours per day minus your lunch break. Anything over that should be overtime.

A contract doesn't over-ride the law.

learn somethign new every day i guess.

maybe speak to the boss/ job network provider first. see wht they have to say.
and if nothing comes of that then go to the ombudsman
i only say this because the bosses at my work know if they dont fix it, then their reps/rears are on the line.

but yeah you are being shafted. if they arent paying overtime.
but are you atleast still being paid to be there, or not at all after 8 hrs a day?

[FstStig]

I'm meant to be getting paid from 7:30 - 5.00 every day. But I even feel my wage is under ($512 for a 21 year old after tax). But yes no pay after 5 if I do over time.

[Bravotwozero]

I'm going to assume you're on an hourly rate and not on a salary? Do you get pay slips? Does it state what your employment status is? As in Casual or permanent.

[Jonnii]

I'm meant to be getting paid from 7:30 - 5.00 every day. But I even feel my wage is under ($512 for a 21 year old after tax). But yes no pay after 5 if I do over time.

no pay then you shouldnt be working at that time. Something is not right there

[rx2_freak]

starting at 7:30 you should finish at 4:00 given you have half hour forty min break total during the day. clearly your not getting overtime, just walk out at finish time. if your boss says where are you going, say home you don't pay me to be hear after the finish time.

if my boss didn't pay me for overtime i'd give him a floggin coz that's just bull shit.

[FstStig]

Started to get pay slips when I first started but nothing now. I only got pay slips for the first 2 - 3 weeks, nothing after that. Not sure if I'm on an hourly rate or a salary. My employment Status is Permanent Full Time.

[Bravotwozero]

This is from Fair Work Ombudsman:

Overtime is often defined in an award or agreement as time worked in excess of 38 hours or outside of ordinary hours. It could be defined differently in a relevant award or agreement so you should check to see what applies to you.

For example, if an employee does not normally work at weekends or late at night as part of their ordinary hours of work, and are required to work at these times, they may be entitled to be paid extra money. Overtime work is often paid at a higher rate of pay. This will be detailed in the relevant award or agreement.

Sometimes overtime entitlements don’t apply to part-time and casual workers until after they have worked the same number of hours as a full-time worker.

In other cases, instead of receiving overtime payments, employees may be able to take time off to make up for the extra time you have worked. This is called “time in lieu”. Check your award or agreement to see what applies in your case.

Overtime entitlements in modern awards are not covered by the model transitional provisions. Therefore, overtime entitlements under these awards commenced operation on 1 January 2010. For details of your overtime entitlements

LINK: http://www.fairwork.gov.au/pay/overt...s/default.aspx

[calais24/7]

instead of going straight to the authorities, maybe try speak to your boss at the workshop and then his boss. 500 sounds pretty shit tbh for a 21 year old. you probably should be on overtime, but id be speaking to your boss first. And tread lightly, or you could be walking out the door

[ClairBear]

7.6 hours per day minus your lunch break. Anything over that should be overtime.

Wrong advice as per this from your own research:

Overtime is often defined in an award or agreement as time worked in excess of 38 hours or outside of ordinary hours. It could be defined differently in a relevant award or agreement so you should check to see what applies to you.

OP needs to check his EBA or contract signed upon employment. No one here can answer his question until he has checked his entitlements.

[FstStig]

And tread lightly, or you could be walking out the door

Honestly I couldn't really care if I walked out the door, it wouldn't faze me one bit. I will be hitting him up for a copy of my entitlements tomorrow providing he comes in. I just don't think Its fair that I'm putting in all this extra time and seeing SFA for it. Just doesn't seem right.

[the_trademarc]

Wrong advice as per this from your own research:

Overtime is often defined in an award or agreement as time worked in excess of 38 hours or outside of ordinary hours. It could be defined differently in a relevant award or agreement so you should check to see what applies to you.

OP needs to check his EBA or contract signed upon employment. No one here can answer his question until he has checked his entitlements.

Yeah he did say he didn't sign a contract, just started after an interview, a bit old school that process.
I'm sure you'll have a HR rep of some sorts at work, have a chat to them and maybe even suss out what hours some of the other blokes you work with are doing, and if yours is longer then there is an issue there.

[Bravotwozero]

Wrong advice as per this from your own research:

Overtime is often defined in an award or agreement as time worked in excess of 38 hours or outside of ordinary hours. It could be defined differently in a relevant award or agreement so you should check to see what applies to you.

OP needs to check his EBA or contract signed upon employment. No one here can answer his question until he has checked his entitlements.

It isn't wrong and the OP has already stated he didn't sign any employment contract or EBA.

Some more info for black_stig

Subject to clause 53.3 the ordinary hours of work for day workers are to be an average of 38 per week but not exceeding 152 hours in 28 days. (7.60 per day)

And here's clause 53.3:

Subject to the employer's right to fix the daily hours of work for day workers from time - to - time within the spread of hours referred to in clause 53.1(c) and the employer's right to fix the commencing and finishing time of shifts from time - to - time, the arrangement of ordinary working hours is to be by agreement between the employer and the majority of employees in the enterprise or part of the enterprise concerned.

Black_stig, if I was in your position I would first call the Fairwork Ombudsman and explain your situation. Your employer doesn't need to know about it. Give them a call and see what they say. Here is a link to their contact details: Contact Us - Fair Work Ombudsman

Also employers are required by law to issue payslips either in electronic from or hard copy within one working day of their pay day.

Pay slips - Pay - Fair Work Ombudsman

[STEEV888]

i worked at a place for over a year getting $7 an hour as my first full time apprenticeship job (im was/am a small plant mechanic).
i was also doing 45 - 55 hour weeks with pay but not overtime rates.
it wasnt until they sold out and the new owners came in bumped up my pay to $10.80 and said i was underpaid the whole time that i realised something was wrong.
went to good old ombudsman didnt even have to give them paychecks got a check in the mail later for an undisclosed "hefty" sum of cash, it was like the savings account that i never opened.

you have 7 years to complain about it so no big rush!

was about a 3 month turn around

[FstStig]

Cheers Steev888, will be giving the ombudsman a call tomorrow. I talked to the Mechanic today and he normally does 8 - 4.30 or 8.30 - 5 and if he works over time he does get paid for it. My 2IC does a lot of over time, but in return he leaves at 2.30 on a Monday. Our Spray Painter starts around 7/7.30 and leaves at 4.30. Its very very rare that I leave before 5.

Bravotwozero, thanks heaps for all your advice, been a massive help

[Bravotwozero]

No worries mate. Hope you get it sorted.

[the_trademarc]

Keep us posted if you can. Would love to hear how it all turns out

[acex1138]

unfortunately the automotive and construction industry is flooded with this kinda practice mate.

A while ago one of the guys I use to deal with for an unnamed company was having a bitch when he came in about not being able to afford concert tickets, in most engineering and automotive places discussing wages is strictly forbidden.

Found out his company took advantage of it and he was being severely underpaid, the guy never read his contract, when he found out I was making twice what he was for the exact same job he was convinced my employer had to have 'liked' me more... then went back and asked his boss and he told nah your being paid industry standard.

Made one call to the ombudsman, lost his job the next day and they tried to play it off. Last I heard he got a nice settlement out of it.

Hope you get whats coming to you bro, those hours are pretty hard work for paneling.