Next steps in asking boss for payments I’m entitled to.
I’ve (F36) been working for my boss for 15 years. Located in NSW.
He holds the contract for a delivery service, and under him I am classed as a casual employee. I am the only employee he has for that contract.
Take it as me being naive, but I have never questioned how I was paid, I thought it was unfair, but thought that’s just how it goes with work that has been contracted under a larger company.
However, I’ve had some advice over the past 6 months and decided to look into the actual terms of my employment. There is no question that I am an employee. I have talked to fair work, and even though it was just the lady giving me advice based on the award I come under, it was a good starting point.
During my time working for this man, the first 10 years consisted of me getting net$284 a week for 20-25 hours a week depending on parcel numbers. Apparently I was classed as a permanent part time back then, and my boss was forced to pay out $8000 in annual leave for me that I didn’t receive over those 10 years.
I took less than a year off after the initial 10 years because I developed plantar fasciitis and needed to give my feet a break.
When I came back, some things had changed.
I now revived my pay on a per item rate. $1.16 per parcel.
I was deemed a casual. However, I have never received any casual loading. (25% according to my award )
I don’t get paid anything other than my deliveries. That means around 8 hours a week of sorting is going unpaid.
My hours have gone up. ~35 hours a week, more during busy periods. He complained when the pandemic hit that he couldn’t pay me for what I was delivering and took 60-100 parcels a day from me to deliver himself.
On especially busy weeks, Christmas, we go in on Sunday’s to sort and sometime deliver because there parcel volume is so much. Never been paid for that.
And because I’m paid per item, it’s in my best interest to get the job done everyday quickly, as I will get paid the same if it takes me 4 hours or 10 hours. So my daily hourly rate isn’t actually too bad based on that, because I’m good at my job and can get through it very quickly. I don’t take meal breaks to help with that.
I have never signed a contract or employee agreement.
My plan is to ask for back pay only for the casual loading and sorting since I came back and started getting only paid per item. 6 years worth, which’s equates to around $60,000. Based on what I learnt from fair trading, I could go for more.
I plan to set up a meeting with all my evidence and what I want with my boss privately first too see what he says, however my question is, what can I expect if he fights it? What steps do I need to take before I set up this meeting? I only want what I’m entitled to. Please any advice will be taken on board. Thank you.
Posted Feb 13, 2022, 7:28 AM UTC · edited
You are being paid a piece meal rate. under Fair Work, you should be paid the higher of piece meal rate or award rate for the work you are doing. So you should be being paid a minimum of 424 per hour
If they’re working for a contractor they’re an employee. If they are getting piece rate, then the contractor is likely illegally sub contracting.
You can still get piece rate. This even applies to fruit picking but your pay must be at least equal to award rate. This decision has only been applied recently