I am a fulltime employee in the public transport industry.
I am initially employed to work a minimum of 38 hours a week.
My 2022 enterprise agreement (most recent) can see me rostered a minimum of 7 hours a day to a maximum of 10 hours a day.
in my work agreement, any work performed beyond 7.6 hours on any day (Mon-Sat) stands alone and is paid at 1.5 (overtime rate). Any work performed that attracts overtime penalty stands alone and does not qualify for the Super guarantee.
in order to create a working roster in my industry, the employer must ensure that I am rostered at least 38 hours of work each week or a payment of make up must be included.
this would generally be as simple as employing me for 7.6 hours each day.
But due to the nature of the industry, I could be rostered 7 hours one day and up to 10 hours the next, as long as the week adds up to near as possible to 38 hours.
The problem is that some weeks that 38 hours can be made up with (example) 2 x 7hours and 3 x 8hours. which equals 38 hours of guaranteed work in the week. the three 8 hour shifts do not attract Super Guarantee on the full 8 hours, but only on 7.6 hours due to the fact that the other 0.4 hours is in overtime.
So instead of me receiving 38hours x my hourly rate x 12% S/G, I could receive as little as 36.2 hours x S/G per week. An estimated loss of $345 per annum.
The company believes that they are paying the super correctly, because they only have to pay on the ordinary hours of work.
I tried to involve the TWU in the dispute but to no avail due to a misunderstanding of the situation.
This amount times by the 135 employees in my sector can mean a saving to the company of up to $46,575. per year.
is this fair, or should we be paid our 38 hours x 12% S/G?
88 views
4 replies