Your employment contract
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.
This information sheet should be read in conjunction with JobWatch’s infosheets on:
General Protections – Termination
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:
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Legal protection for employees include :
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What about health and safety?
Occupational Health and Safety laws apply to independent contractors as well as employees.
Please read the following infosheet
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?
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When should the rate of pay go up?
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When should I be paid?
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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?
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:
For other exemptions contact the Super Hotline on 131 020
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How much money must my employer contribute?
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?
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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:
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
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
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What to do about Workplace Violence
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Workplace Violence and Bullying
For more information about workplace bullying, please read the below infosheet
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).