Hi all. Just after advice and past experience with an employer not paying award rate, not paying super and not paying for minimum work per shift.
The situation currently is that I have been working at a private studio as a casual employee for nearly 18 months. They poked the bear 7 weeks back by taking shifts off me when they asked me to do them. To do this I turned down other work, then after 2 weeks doing this the shifts were taking off me no explanation and when questioned made a lame excuse. So this lead to some investigation into the industry laws.
This showed the following I am meant to be paid as a level 5 trainer $25.34 as base then as I am casual there is 25% loading for weekdays and 30% for Saturday's. I was been paid $28 for first nine months then $29ph. So it basically $2.50-4ph less then award rate.
Also by the act I am required to be paid for 3hrs per shift that I start, there are many occasions where I only get paid for b/n 1-3.
The next one is they have not been paying super to me. I earn more then the limit per month.
I spoke to owner about the 3hr thing when discussing some shifts that were short and the new trainer was getting more then me. He said "**** the law" as a response
I have spoken to fairwork who advised me to work how much they owe me and put this to them. I require work schedules from the past 18months so can calculate Saturdays, short shifts etc. Now if I ask the employer for this how are they going to respond.
Fairwork also said contact ATO for super info.
I signed an agreement which I mentioned to fairwork which the gym put together (they set own pay scale not by the law) . Fairwork then asked me their ABN and they checked to see if they had acknowledgement of the agreement, they didn't, it had not been lodged. Seeing that they are not paying the award rate is the main reason why.
If I approach them with this they will just reduce my hours to zero as if they sack me then it would be unfair dismissal.
Any advice previous experience with this please let me know