Is it illegal not too pay penalty rates in retail?

LAli14 on 26/01/2016 - 12:01

Hi everybody,

I was just after some advice about penalty rates. I am a casual employee of a franchise store and I don't get paid penalty rates, my pay is the same per hour regardless of the day (ie no Sunday rates or after 6pm rates) I have questioned the manager about this before and told its due to the high commission structure, they don't pay penalties. I have been on the fair work website and it doesn't seem to be clear about commission strictures.

I feel like i am giving up my public holidays for no reason!

Any advice please!
Thanks!

Education & Work

Comments

  • whooah1979 on 26/01/2016 - 12:16
    +1

    your employer is wrong.

    you've four options.

    1. tell your manager that you want to get paid as per your awards or you'll contact the fwo.
    2. tell your manager that you want to get paid as per your awards or you'll contact the smh.
    3. suck it up and keep working there.
    4. quit.

    option 1 and 2 will most likely result in you getting sacked.

    • PVA on 26/01/2016 - 12:33

      thats incorrect, some dont pay penalties and is all part of the contract, need to check fair work australia.

      I thought everyone did but my sons casual job at hungry jacks doesn't and is legal.

      • whooah1979 on 26/01/2016 - 12:44

        the only way to know is for op to name the franchise.

        edit
        hungry jacks is a bad example.
        https://www.fairwork.gov.au/about-us/news-and-media-releases…

        • PVA on 26/01/2016 - 12:47

          yep, they can also look up the contract on fair work and read what they signed up when they started.

          i was truely shocked when my son didnt get paid - worked easter, sundays, boxing day, all the same as a normal day. I contacted fair work and found out. He doesnt work there any more. Store was even saying 2cents a cup of coke was too expensive for staff to drink one a shift and were only allowed water.

          But there are also crooks that just say they dont pay it when they should.

  • kipps on 26/01/2016 - 12:28

    How does your actual pay compare as against the retail award?

    https://www.fairwork.gov.au/awards-and-agreements/awards

  • PVA on 26/01/2016 - 12:31

    it could be correct. Hungry Jacks doesnt pay penalty rate (public holidays etc) - part of the contract and passed by fair work Australia.
    Not everyone gets penalty rates.
    It does stink though.
    phone fair work australia or send them a Tweet and they will answer you.

  • stevednj48 on 26/01/2016 - 13:30
    +2

    Ask your employer for a copy of your award and check through it.

  • spackbace on 26/01/2016 - 16:10
    +1

    due to the high commission structure

    You're paid commissions on top of standard wage?

  • Google Chrome on 26/01/2016 - 17:23

    The retail store where my brother works at, there are no penalty rates, however, their hourly rates are also higher than the other retailers because of this.

    • chickentaste on 28/01/2016 - 14:13

      My wife's employer (coffee shop) got done by FWA for this, I'm pretty sure it's not legal. Paid $20 p/hr flat rate both during the week and at the weekend. Regular staff were all happy as they were making over award rate over the course of the week. He brought in a casual for 2 days then sacked him for his attitude, the guy complained to FWA over not getting penalty rates for the 2 hours he did that Saturday and now the owner's had to reduce his weekday wages to cover the cost of having to pay penalty rates on the Saturday.

      • Google Chrome on 28/01/2016 - 15:54

        But it is legal if it's under a complete agreement or whatever it's called, where it's approved by FWA.

        • chickentaste on 28/01/2016 - 20:56

          Yeah, I can't really comment on that, there's a couple of awards I know we'll but this isn't one of them. You may well be right.

  • spackbace on 28/01/2016 - 23:16

    1 post from OP the day they joined, hasn't been back since, hasn't commented

    Sigh

    • [Deactivated] on 28/01/2016 - 23:18

      Member Since 26/01/2016
      Last Seen 26/01/2016

      lol

      • spackbace on 28/01/2016 - 23:30

        Yeah..

        Sometimes it's hard not to think you're some Psych students homework!

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