Overtime Work, Legislations? Regulations? Double Shifts. Need an Opinion&Help

LPaperplaneXXX on 17/07/2016 - 11:26

Dear Ozbargainers,

Need your opinion&help. Will try to formulate my story short.

I am a Service Engineer - lab instruments plus X Ray machines with 5 years of experience.
I have been with the current employer since January 2015. This is my first job in Australia after finishing UTS Sydney Masters Degree.

So I have signed a full time contract, i am on salary- not wages.
at the interview i was told that I might need to work overtime - nights and weekends and this is covered by extra rates (very good rates btw).
I agreed to that. In the contract there is only mentioning that I might have to work overtime and nothing else is clarified. no conditions etc.

As time has passed i found out that they force to get a day off if work required to be done staring at 11 a.m. finishing 5 a.m.
Some customers, like Meat Processing Industry - equipment only available at night time. No exceptions.
Nobody would stop the bloody meat plant for maintenance during the day. I understand that!

There are few scenarios. If there is a breakdown and Customer doesn't have a contract with us, Customer pays and i get paid. All fine.
But there are few big Plants that are on super contact therefore they don't pay! this is happening most time - planned maintenance.
Instead i have to work and just get a day off which is not right i believe especially in terms of value.

What's more I am forced to work double shifts like:
I start my day at 8 a.m. finish at 4-5 p.m. Then shit hits the fan and i have to start working at 11 a.m. same day. Sometimes it includes excessive driving.
Like once i was forced to drive 650 km after a day shift, then work at night till 5 a.m.
This sounds unbelievable but this is a reality unfortunately. As far as i know there should be 10 hours between shorts etc to get rest.

Another scenario: very hectic week, 3 days monday tuesday wednesday working days and nights!
so every day i have only 4 hours to sleep. At the end of those weeks i can't even move. All weekend in bed.

I tried many times to talk to management, discuss above matters.
Got even positive E mails that work will be billable but the work still not billable.
I am happy to do extra work but for real money not for a day off. Does workers on a mEat plans working for days off at night time? i doubt it!
I agree to reasonable overtime but not crazy overtime!

They pay Car allowance , etc. I would say i am on a reasonable pay all in all taking into account salaries in this segment.
I am just not sure about my working rights.
And what's more - safety! you can't drive for 5 hours after the full day of work and then work at night.
Fatigue! high risk.

Any thoughts and help welcome!
I am looking for a mother job in the mean time. Got an interview but didn't get it (it also was relocation to another state).I am flexible i can relocate.
If anybody knows a good lawyer i would really appreciate it!!

cheers,

Education & Work

Comments

  • whooah1979 on 17/07/2016 - 11:38
    +3

    it sounds like your on a >100k salary, but unhappy with the working conditions. perhaps you should consider resigning and move on so that fresh graduate can take your place. i'm sure they would be more than happy take it and the pay that comes with it.

    • PaperplaneXXX on 17/07/2016 - 12:51

      no I am very very under 100.
      73
      ha ha I wish good luck to a fresh graduate working like that)

  • Olokun on 17/07/2016 - 12:36

    So how much is your effective hourly rate?

    • PaperplaneXXX on 17/07/2016 - 12:51
      +1

      according to pay slip 38 AUD

      • ykwon10 on 18/07/2016 - 14:48

        $38/hr for how many hours a day?

        • PaperplaneXXX on 18/07/2016 - 14:50

          7.5 hours a day.

        • ykwon10 on 18/07/2016 - 14:51

          @Furan: Wouldn't you be earning way more than $73k then? Plus allowances..

  • chumlee on 17/07/2016 - 12:41
    +2

    Contact fair work Australia and ask them. They should be able to advise you

  • cypher67 on 17/07/2016 - 12:54
    +3

    You're on a reward rate, you are paid a higher base rate because of known extra/over time may be required to get the job done. Getting a day in lieu is standard for excessive hours. I dont see anything wrong with this. The only issue would be the safety aspect whereby you are not given enough time between shifts to recover.

    • PaperplaneXXX on 17/07/2016 - 13:06

      Thanks mate for a response. Myabe i take this too ideally. Maybe I shall change attitude and take it as "you better work, Bitch"))))

    • airzone on 17/07/2016 - 17:03

      I agree with this.. It goes with the pay.

      Safety is the issue though, and really that's what you need to address.

  • robbyjones on 17/07/2016 - 18:40
    +2

    As a salaried employee your contract would generally state, reasonable overtime. I queried what is considered reasonable with Fair work and the response I got was up to 45 hours a week for a paid 38 hours would be considered reasonable.

    It sounds to me like you are being taken advantage of, having said that nobody can force you into a car to drive 650km after a full days work, just say no. If the repercussions are such that you lose your job then take it up with Fair Work. You need to speak up.

    • PaperplaneXXX on 17/07/2016 - 20:13

      thanks a lot! thats what i need to know! what is reasonable overtime whats is not. Will call Fairwork and make a face to face appointment
      this sounds good. 45 hours max a week. no more.

  • alxr0101 on 18/07/2016 - 08:38
    +1

    Refer your contract for the specific Award you are on. Then go and read it. Sone aspects of the Award, as you have noted, are "set off" by a higher salary ( eg overtime). However the setoff provisions must be explicit in what it covers.

    Overtime should also take into account whether you receive adequate notice or if its a routine happening.

    The driving part I would expect you should be paid for as work hours.

    Safety is a big concern. Speak to Fair Work.

    • PaperplaneXXX on 18/07/2016 - 11:52

      Thanks for clarification.
      i don't think i am on any award. Because if you are salary base there is no award.
      gonna find out from Fair work - what applies to me then.
      There should be some rules, laws regulations.
      If i am on a salary it doesn't mean that i have to work days and nights long because overtime applies.
      Above someone clarified that reasonable overtime is 45 hours per week.
      I do sometimes 60 hours.
      that's a bit too much!

      about the notice also a very good point!
      sometimes there is a notice sometimes the notice is 1 hour.
      which is crazy.

      • whooah1979 on 18/07/2016 - 15:10
        +1

        I do sometimes 60 hours.

        Welcome to the world of living in Sydney and making ends meet.

        • ykwon10 on 18/07/2016 - 15:16
          +1

          LOL! I have to say 60 hours is harsh. But that really depends on which sector you work in which can be a norm. I personally work about 43-45hours a week so 60hours to me is really a killer.

  • JIMB0 on 18/07/2016 - 08:53
    +1

    If there is anyone in a union at your work place you could try talking to them.

    • PaperplaneXXX on 18/07/2016 - 11:57

      the company is really small here in Australia.
      like 50 people.

  • Sandys on 18/07/2016 - 09:28
    +1

    I don't have all the information but there are Driver Fatigue Management laws which they have to abide by. Your company should have a Driver Fatigue Management Plan if their employees are expected to do lots of driving.

  • Sandys on 18/07/2016 - 14:36
    +1

    I'd say the first factor applies to you.

    What factors determine whether additional hours are reasonable?
    In determining whether additional hours are reasonable or unreasonable, the following must be taken into account:
    • any risk to employee health and safety
    • the employee’s personal circumstances, including family responsibilities
    • the needs of the workplace or enterprise
    • whether the employee is entitled to receive overtime payments, penalty rates or other compensation for (or a level of remuneration that reflects an expectation of ) working additional hours
    • any notice given by the employer to work the additional hours
    • any notice given by the employee of his or her intention to refuse to work the additional hours
    • the usual patterns of work in the industry
    • the nature of the employee’s role and the employee’s level of responsibility
    • whether the additional hours are in accordance with averaging provisions included in an award or agreement that is applicable to the employee, or an averaging arrangement agreed to by an employer and an award/agreement-free employee
    • any other relevant matter.

Login or Join to leave a comment
Login Join