Recently received a fixed term contract as a christmas casual at BNT, but in my payslip i did not receive casual loading.. is that legal?
i've looked at the Bras N Things Enterprise Agreement 2014, im 18 years old and it seems as though im being paid as a permanent worker howeever my contract ends in january. So am i entitled to casual loading? thanks in advance!
It depends on your contract, if it does in fact state on your employee contract that you are there as a casual staff member then yes you should be paid at casual rates. Like, the job could have been advertised as a casual job but you are in fact paid at part time rates and given a minumum number of hours a week and what-not, it depends on your contract.
But yeah it could also be a glitch..
Correct me if I'm wrong but I would have thought that a fixed term contract suggests an expectation of continued employment for the prescribed period, which is a characteristic of full-time and part-time employment, depending on the number of hours worked each week.
An employee who, for example, works 38, or 40 or more hours each week, could be categorised as a full-time employee by the applicable award or enterprise agreement. Subsequently, minimum conditions of employment such as annual leave, personal carer's leave and public holidays, would be applicable.
Hence no casual loading.
Are you a Contract Casual and a Fixed Term Agreement (FTA).
edit: never mind
but i only work 20hrs maximum a week
Sounds like you will be on permanent part time rates ( same rate as full time) and not casual rate.
With the part time rate you would get, pro rata, sick leave, annual leave etc where as casual doesn't.
Myer used to offer it to my wife years back around Christmas.
So make sure you get these conditions, 2 months at Christmas equals a day I guess annual leave, day paid sick leave.
Yes - this. Check your employment contract. If you are employed on a permanent part time basis, you should be entitled to annual leave, sick leave, etc. If you don't take your annual leave, it will be paid out when your contract is terminated.
If you are not being paid these benefits, then it may be that you are employed as a casual. If this is the case, you should be paid casual loading in accordance with the EA - and you should raise this with your supervisor or HR.
Edit: As you've said, the EA contains the following provision:
clause 2.4(b): The hourly rate of pay for casual team members is specified according to their classification in the wages and Classification part of this Enterprise Agreement. This rate of pay includes a casual loading component of 25%.
You could also be employed on a fixed period contract, under clause 2.5 of the EA. Your hourly rate of pay will be fixed and you won't get any casual loading under this arrangement.
You are permanent part time. You get guaranteed minimal hours of work. You get paid normal rate.
Casual, you would be called "on needed" basis… no minimum hours. Therefore, you are paid right.
So will I be enitied to anything?
Basically I'm just a casual on a fixed term contract, thus paid permanent rate..? My contract is for 3 months, my shifts have been all over the place
it all depends on your contract..
Casual and part time have different pay rates. If your hours and days are constantly different then are defined as casual. Part time should have a fixed regular schedule and require permission to alter. Casuals get paid 25% loading on part time rates because you forfeit sick leave, annual leave. However it doesn't matter if you are casual or part time, you should be paid Saturday, Sunday and public holiday loading.
Not true it depends on the agreement, yes you will be paid more on public holidays but not always saturdays and sundays.
Only scenario would be if this retail assistant is on a salary ($70k plus per annum). The weekend loadings can only be forfeited if their normal rate would be above what would normally loading rates.
Agreements can NOT be under award rates. If you do that to your staff then you have major violations of under payment. The agreement always needs to pass the fair go test.
Check the link and read up.
If still unclear contact them. I found them to be very helpful.
Most likely. Could be an error. Ask your manager. But wouldn't surprise me they're deliberately underpaying, especially the young and naive, they sell cheap stuff or the management are just plain dodgy.