Your Employment

Employment Contracts

Your employment contract

• Read it
• Do not sign anything you do not understand
• Get advice before signing
• Get a copy
• Do not agree to any changes without getting advice first

Everyone who works as an employee has a contract of employment with their employer. Employment contracts come in various forms and can be named different things like: agreements, Australian Workplace Agreements.
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Employment contracts do not have to be in writing.

Warnings

This information sheet should be read in conjunction with JobWatch’s infosheets on:

Unfair Dismissal

Constructive Dismissal

General Protections – Termination

Independent Contracting

Employee, Independent Contractor – What’s the difference? 

Independent contractors have responsibilities which employees do not have to worry about. These responsibilities are costly. As an independent contractor:

• You may have to arrange your taxes
• You have to pay for time off work for holidays or sickness
• You have to save for your retirement
• You may have to pay for sickness/accident insurance
• You may have to pay for your tools, travel expenses, telephone, advertising, etc.

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Legal protection for employees include :

• Pay rates and minimum terms and conditions of employment
• WorkCover
• Protection against unfair dismissal
• Wage recovery
• Tax

Independent Contracting 

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What about health and safety?

Occupational Health and Safety laws apply to independent contractors as well as employees.

Casual Employment

Please read the following infosheet

Casual Employment

Getting Paid and Payslips

Getting Paid and Payslips

How do I find out the correct pay rate?
Ring Fair Work Ombudsman – 13 13 94 or visit the website on http://www.fairwork.gov.au

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What factors can affect a rate of pay?

• Whether you are full time or part time
• Whether you are casual or permanent
• Whether you are a trainee or apprectice
• Your age
• The level of responsibility
• Qualifications …. and so on

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When should the rate of pay go up?

• When you are promoted
• When a junior turns a year older
• When an apprentice moves from one year to the next
• When a pay rise is awarded by the Fair Work Commission
• When an employment agreement says they get one

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When should I be paid?

• Weekly
• Fortnightly
• Sometimes monthly

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How should I be paid?

By electronic funds transfer directly to your bank account (employee written authorisation required), cash or cheque.  An employer cannot give you goods or services instead of wages.

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What should I do if I am underpaid?

Money owed to you can be recovered by the Fair Work Ombudsman – 13 13 94

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What information needs to be included on a payslip?

• The date of payment
• The period covered by the payment
• The hours worked during the pay period
• All deductions made, eg. amount of tax and union fees (if applicable)
• Superannuation payments made by the employer
• Gross pay (before tax)
• Net pay (after tax and other deductions)
• The make up of the pay, eg. ordinarly hours and overtime

Getting Paid and Payslips

Superannuation

What is Superannuation?

Superannuation is to provide you with income when you retire.

Superannuation is like insurance, if you are seriously injured, become disabled or even die, your Superannuation Fund pays a lump sum or a pension to you or your dependants.

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Why do I need to understand my rights regarding Superannuation?

Unfortunately, some employers do not make the compulsory payments on behalf of their employees.  You need to check if your employer is making the payments for you.

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Should all employees receive Superannuation?

All employees except those:

• Paid less than $450 gross per calendar month
• Under 18 years of age working no more than 30 hours per week
• Employed for domestic or private work for 30 hours or less per week

For other exemptions contact the Super Hotline on 131 020

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How much money must my employer contribute?

• 1998 – 1999   7%
• 1999 – 2000   7%
• 2000 – 2001   8%
• 2001 – 2002   8%
• 2002 – June 2013   9%
• 2013 – 2014  9.25%
• 2014 – 2015  9.5%
• 2015 – 2016  9.5%
• 2016 – 2017  9.5%
• 2017 – 2018 9.5%
• 2018 – 2019 9.5%
• 2019 – 2020 9.5%
• 2020 – 2021 9.5%
• 2021 – 2022  10%

These percentages are the minimum employer contribution rates.  Payments are based on ordinary time earnings (OTE).

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What should I do if my employer has not made my Superannuation payments?

Superannuation

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Workplace Bullying

Workplace bullying has been characterised by WorkSafe as ‘persistent and repeated negative behaviour directed at an employee that creates a risk to health and safety’.

Under the Fair Work Act 2009 (Cth) (FW Act) workplace bullying occurs when ‘an individual or group of individuals repeatedly behaves unreasonably towards a worker or group of workers and the behaviour creates a risk to health and safety’.

However, reasonable management action conducted in a reasonable manner does not constitute workplace bullying.

Examples of workplace bullying may include the following behaviours:

• Insulting, abusive or offensive language
• Offensive or harmful initiation practices
• Inappropriate comments about a person’s appearance or lifestyle
• Physical assaults or threats
• Spreading malicious rumours
• Behaviour or language that frightens, humiliates, or degrades
• Overloading a person with too much or too little work
• Setting tasks above or below a person’s skill level
• Isolating or ignoring a person
• Unfair treatment in relation to accessing workplace entitlements
• Setting unachievable or constantly changing deadlines
• Inappropriate letters, emails, phone calls, text messages or social media

Bullying should not be ignored if it is occurring in your workplace. Workplace bullying creates an unsafe working environment and it is unlawful.

There are a number of practical and legal options available for dealing with bullying in the workplace ranging from talking to the bully or complaining to your employer to applying for a Stop Bullying Order at the Fair Work Commission (if eligible) and complaining to WorkSafe in your State.

Work Related Injuries

Work related injuries

If you are injured at or in relation to your work, including non-physical or psychological injuries, you are entitled to make a WorkSafe workers’ injury compensation claim. If your claim is accepted, you can receive a percentage of your pre-injury average weekly earnings and have medical and/or counselling bills paid for by your employer’s insurer. If you are injured, you should act quickly as strict time limits apply. Generally, the first thing you should do is notify your employer in writing that you have suffered a work related injury. However, you may need to go to your doctor first to confirm that you have a work related injury. You should then obtain a WorkSafe Certificate of Capacity from your doctor and complete the relevant WorkSafe application form.

For more information:

Victoria: Contact WorkSafe Victoria on 03 9641 1444 or 1800 136 089

https://www.worksafe.vic.gov.au

Queensland: Contact WorkSafe Queensland on 1300 362 128

https://www.worksafe.qld.gov.au

Tasmania: Contact WorkSafe Tasmania on 03 6166 4600 or 1300 366 322

http://www.worksafe.tas.gov.au

If you feel you have been bullied at work, please read the following infosheet

Workplace Bullying

 Workplace Violence

• Workplace violence is more common than people think
• Violence is violence, wherever it happens!
• Workplace violence breaches health and safety laws
• Workplace violence can be discriminatory
• The law is there to help you

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What to do about Workplace Violence

• Get legal advice quickly
• Tell the employer about it
• Tell other people about it
• Keep a diary or journal
• Go to the doctor
• Get photos taken of injuries
• Get a WorkSafe Certificate of Capacity from your doctor and complete a claim form (if necessary)
• Contact the police
• Contact Centres Against Sexual Assault
• Get legal advice
• Contact the union if you are a member
• Ring WorkSafe in your state
• Report incident(s) to OHS representatives at your workplace

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Workplace Violence and Bullying

For more information about workplace bullying, please read the below infosheet

Workplace Bullying

To apply for a Stop Bullying Order, go to the Fair Work Commission website https://www.fwc.gov.au

To complain about Occupational Health and Safety issues including bullying:

Victoria: Contact WorkSafe Victoria on 03 9641 1444 or 1800 136 089

https://www.worksafe.vic.gov.au

Queensland: Contact WorkSafe Queensland on 1300 362 128

https://www.worksafe.qld.gov.au

Tasmania: Contact WorkSafe Tasmania on 03 6166 4600 or 1300 366 322

http://www.worksafe.tas.gov.au

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Victoria: The employment of children under 15 years of age in Victoria is regulated by the Child Employment Act 2003 (Vic), which came into effect on 12 June 2004.

For further information please contact Business Victoria on 1800 287 282 or visit the website www.business.vic.gov.au

Queensland: The employment of children in Queensland is regulated by the Child Employment Act 2006 (Qld).

For further information please contact Business Queensland on 13 74 68 or visit the website www.business.qld.gov.au

Tasmania: The employment of children in Tasmania is regulated by the Children, Young Persons and Their Families Act 1997 (Tas).

For further information please contact Worksafe Tasmania on 1300 366 322 (within Tasmania) or (03) 6166 4600 (outside Tasmania).