Hi All
Does anyone know how I find out if I my job is covered by an award or enterprise agreement?
Am I Covered by an Award or Enterprise Agreement?
pixpotato on 05/02/2021 - 16:10
Comments
Ask your HR
Definitely cant ask HR.
What am I looking for in my contract?
Why can't you ask HR?
The contract you signed will stipulate somewhere often near the pay that you are to be paid the award or per EBA vNN.nnn.
Did you knowingly enter into an employment where the pay was below the award?
Why can't you ask HR?
Could be a confidentiality clause.
How can your entitlement be a hidden by a confidentiality clause? That's almost the same as having your payrate hidden from you.
Who is ur employer
Cotton on
from OP's latest comments, might be working for a don.
Are you employed directly through Cotton On, or through an agency?
Even if Cotton On has an EBA for whatever role you are in, the agency isn't required to pay to the EBA, so you may be on award or what is called 'market rate'.
What is your role?
Amazing. What did you do to find this? What did you search for?
I just put the search in google and it came up :)
https://www.google.com/search?client=firefox-b-d&q=cotton+on…
EBA's are public, anyone can search them..\
Also, I don't understand why you couldn't ask HR from the start. As others mentioned, it's in your contract too.
Yes, some opaqueness in OPs questions and answers in comments.
He doesn't want HR to know what he's looking for. Most likely he thinks he's being screwed and wants information before making a complaint.
@dizzle: HR going to know either way in most scenarios
Scenario 1: OP asks HR for a copy of his contract, OP finds out he/she is either on an award or EBA, OP searches the award or EBA onine
Scenario 1a: OP finds some discrepancy, OP goes to HR regarding the discrepancy
Scenario 1b: OP finds some discrepancy, OP goes to fairwork for advice, OP takes that information to either HR to fix or leaves it
Scenario 1c: OP doesn't find any discrepancies and just wants to know for their knowledge. But if it was this scenario, then OP would have just asked HR or their manager for the contract or EBA if there wasn't a problem, instead of asking an external source. Therefore, the OP goes back to Scenario 1a or 1b@hasher22: This exactly.
Based on OP's comments here https://www.ozbargain.com.au/node/556406
OP is in retail, and will either be covered by General Retail Industry Award 2020 and possibly an EBA.
That there is an EBA doesn't mean you are covered by it. You'll need to read through it to figure that out. If you're unsure, ask the Fair Work Ombudsman.
I dont work at cotton on lol. Didnt want to name employer.
@pixpotato: You mentioning Cotton On hasn’t got you any further in your search. As others have mentioned, just because there’s an EBA, doesn’t mean you’re covered by it.
@pixpotato: Well try using Google while it's still available - it would be quicker than posting basic questions on here!
@Hardlyworkin: Could also be covered by award whether formally or not, given EBA are supposed to be better than or equal to the award (but not worse than).
That being said; this guy will probably be unable to find out himself given the logical steps are a) ask HR, b) google, c) contact FWO
Thanks!!
@pixpotato: Gmail92 is spot on.
You need to review contract of employment to determine whether award or eba.
If you don't have this and don't want to ask HR then use FWO's award finder and could use this as a basis to review wages/award clauses.
@thatindian you have been vague with why you want to review the industrial instrument covering your employment.
Are you concerned with wages or other conditions of employment?
Is that @ Avalon? What are they like to work for?
Close to travel (Airport) lolAsk your boss
It could well be on your payslip…in the details. If in doubt, ask you Pay section / person.
Next time you accept a job you should probably ask your employer this before starting. If you google your occupation you may be able to find the relevant award.
Good point!
Check the contract?