Working Long Hours (13hrs per shift)

Lwarmmilktea on 01/11/2017 - 18:48

Hi guys, I've been working at a fast food store for about 6 months and its 13 hrs a shift (12 hrs without break 2 30mins break), they pay no penalty rates and customers tend to ask me when do i start and finish, probably being nice and having small talk whilst they wait for their order, and they always give the similar response, "woah, isnt that illegal" or "do you get paid more", and i just answer them honestly, i dont know if thats illegal and yes maybe i should be gettting paid more. ive ask my friends what i can do, they said to call fairwork and report it, but that requires me to disclose fairwork my identity and my manager would find out its me.

If the Ozbargainers can help me with what i can do , or any fairwork employees see this please help! i would like to keep anonymous as i dont want to lose my job.

P.s. Most of our staff do 13 hrs per shift. its the people who are on student visa who only does 8 hrs a day

Thank you in advance.

Education & Work

Comments

  • chumlee on 01/11/2017 - 19:01
    +3

    Speak to the relevant union even if you are not a union member they will still give you some advice

    • warmmilktea on 01/11/2017 - 19:11

      thanks for the quick reply! i dont have any union :(

      • Randxyz123 on 01/11/2017 - 19:30
        +2

        Are you sure you don’t ? http://www.raffwu.org.au

        Seriously call fairwork , tell them you are scared you will lose your job if they find out it was you who reported them and they’ll investigate and hopefully just say “we had a complaint”.

        You can’t lose your job for this

    • warmmilktea on 01/11/2017 - 19:13

      thanks for that, it says 11 hrs is max. theres also a anonymous report ill do that aswell. but i assume as anonymous fairwork probably wont do anything about it if its just one report, but worth a shot!

  • [Deactivated] on 01/11/2017 - 19:22
    -3

    I would ask for a meeting with your manager directly and pose the question to him straight out. I know it's tough to confront someone who pays you but being honest and showing your seniority can only bring positive outcome for future opportunities.

    Ask him does he know what the regulations are in terms of hours worked without a break. If he says he's not sure, contact fair work and enquire. You won't loose your job, that's illegal if there are any ramifications from you questioning the rostering process internally.

    Fairwork is the best way but if you can, speak to your manager directly first and ask his thoughts on the legalities.

    • bobbified on 01/11/2017 - 22:44

      but being honest and showing your seniority can only bring positive outcome for future opportunities.

      Do you mean those future opportunities that Centrelink will offer?

      • [Deactivated] on 03/11/2017 - 15:28

        don't be so pessimistic. If i were the manager i would see this as taking initiative and being proactive - a quality management trait only few young ones possess. I'm in my 30's and quite senior in the corporate world, so i have a fair idea i think…maybe not

        • bobbified on 03/11/2017 - 15:54
          +1

          There's really no definite "should" or "shouldn't" speak to the manager. OP should know his manager/boss well enough to have a fair idea how he/she would handle these things.

          The way the question is delivered to the boss is also very important. If you start off with words to the effect of "Why am I working 13 hour shifts? It's illegal!!", then that obviously isn't going to go down well.

  • Hotpotcorn on 01/11/2017 - 19:23

    lol i work at fast food as well most companies will try to pay u the minimum legal limit and dodge any penalty rates

  • sly on 01/11/2017 - 19:25

    Sorry I didn't have time to read through McDonald's Enterprise Agreement. The link appears on a few sites, but also referred to by McDonald's themselves.

    The problem is that I'm not sure if this Enterprise Agreement is still valid. If you look at page 2, point [8]. It states that:

    The nominal expiry date of the Agreement is 24 June 2017.

    someone with legal knowledge might be able to advise on this.

    In the agreement all 3 types of employees

    Full-Time (clause 13.3)
    Part-Time (clause 14.4)
    Casual (clause 15.7)

    should only work a maximum number of 9.5 hours per day excluding meal breaks.

    So, if you've worked 6 months of 13 hour (12 hour straight + 2 x 30 minutes break), I'm pretty sure they violated the agreement.

    • PVA on 01/11/2017 - 19:34
      +1

      i didnt see where they said it was MacDonalds.

      • sly on 01/11/2017 - 19:39

        Sorry I don't get what you mean. If you can't find where the link from McDonald's site, it is just above the "FAQ’s for parents of employees":

        Are Macca’s employees covered by an award or enterprise agreement?

        The working conditions and wages of employees of McDonald’s Australia restaurants are set out in the McDonald’s Australia Enterprise Agreement 2013. The agreement can be accessed here

        the "here" links to the Enterprise Agreement.

        • PVA on 01/11/2017 - 20:25
          +1

          No, I meant the OP. I didnt read anywhere that they said it was McDonalds.

  • PVA on 01/11/2017 - 19:31
    +2

    fair work will not dob you in to your manager at all. it is confidential.
    Dont be scared contacting them, please do it.

    Contact them and discuss, they are really good and will sort it out for you. https://www.fairwork.gov.au/

    Another thing is contact your union.

  • belongsinforums on 01/11/2017 - 19:42
    +1

    hospitality is notorious for this sort of shit. report to fairwork. faster you're out, the better

  • stargalaxy on 01/11/2017 - 19:45
    +2

    http://www.smh.com.au/business/workplace-relations/dominos-w…

    I am sure the dodgy deals between the union and big entreprises is coming to an end, small business have to pay proper wages while big business get aways with it by getting in bed with the unions. It is time for big business to pay the proper wages.

  • p1 ama on 01/11/2017 - 20:12
    +3

    i would like to keep anonymous as i dont want to lose my job.

    Don't worry about it, plenty of fast food places want to hire and plenty of places probably have better working conditions than you do now. I'd say take it up with the manager, have a chat to them about it and express that you want shorter shifts (don't be threatening), and see how that goes. To be honest, if they fire you or don't take you seriously, then it's not somewhere you wanted to work anyway, right?

    I'm gonna go out on a limb here, but one of the reasons why this sort of sh!t happens is because people don't have the collective power they used to anymore. Not that long ago, if this sort of crap was pulled, all the workers would go on strike and companies would be forced to behave. Unions aren't as powerful as they used to be anymore because they're no longer run by employees, but rather, by union bosses who are there for their own benefit.

    Either way, I think the whole "I don't want to lose my job" idea is more destructive than good. Why do you want to work for a place that doesn't respect your work and doesn't respect the law? If you were in some sort of situation where the place you worked was the only place that would hire you, then fine. Good life lesson is to respect yourself and don't let people bully you - that's something that I've learned time and time again. I've always found that when I stand up for what's right and what I believe in, I earn more respect from my managers than when I just carry on and do whatever they say.

  • warmmilktea on 01/11/2017 - 20:38
    +1

    Thanks for all the comment guys! i will create a fariwork account since it requires me to make a account before reporting and report this.

  • Hardlyworkin on 01/11/2017 - 22:28

    What you have described might be 100% legal. Many employees in Australia who work at a well known fast food chain are covered by collective agreements made in 2006/2007. Most of these agreements have no penalty rates and few restrictions on hours per day.

    You need to get the facts first before to determine whether any laws are being broken. Nothing you said demonstrates that your employer is doing anything illegal though it is a possibility.

    You need to find out if you are under the fast food award or covered by an agreement. www.fwc.gov.au has almost all agreements listed. Agreement continue to operate passed their nominal expiry date and only end when an employer or employee suits an application to fwc to have them terminated.

    You seem like you are on the right track by finding out, speak with fair work ombudsman and maybe your colleagues if you are not in a position to ask your boss.

    If you are getting underpaid, keep your own records of your hours and your pay.

  • shaybisc on 02/11/2017 - 08:49
    -1

    "Based on what you've told us, it looks like you're covered by the Fast Food Industry Award 2010 [MA000003].

    To find all available penalty rates and allowances in this award, use our Pay Calculator."

    https://www.fairwork.gov.au/pay/penalty-rates-and-allowances…

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