42.5 Hour Working week and annual leave

Hi guys,

So I currently work for a small IT services company. My contract states 8-5 working hours which are 8.5hour days and therefore 42.5 hour working weeks. I'm only paid 5.83 hours of annual per fortnight which works out to 20 days at 7.5 hour days, not 8.5 hour days. Essentially bringing me down to just over 3.5 weeks of annual per year. If I take a day of annual, I'm docked 8.5 hours not 7.5 hours. With these calculations, I'm owed a week of annual for the time I've been at the company.

So from my reading, we have 2 issues.

A. I'm not paid annual on the extra 4.5 hours per week.
B. I shouldn't actually have 42.5 'ordinary' working hours per week. It's not allowed according to the fairwork website.

Thoughts on who's in the right here? Not trying to make waves, I just want to be able to take the time I'm entitled to off. I've mentioned it to the boss and spoke with our book keeper who tells me that I get 20 days of annual at 7.5 hours not 8.5 hours. He has however assured me he'll 'look into it' which doesn't really sounds promising. I'd expect the person who handles my pay to know the ins and outs of this.

Update!
So they've acknowledged the issue and have said I'm owed 4.6 days worth of leave. All informally so I'm still waiting on receiving a proper report of what's being done. I've been told my annual hours will accrue the same however 1 day off will cost 7.6hrs and not 8.5. Still brings the problem of them correctly docking half days / individual hours but I will address that with them if it is an issue.

Comments

  • +1

    Posted an update up top, cheers and thanks for all the information everyone.

    • +1

      Congrats mate, Everything seemed above board apart from them docking you more then 7.6 hours for a days leave. Good to see someone sticking to their guns and getting rewarded.

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