Unpaid Induction Training - Illegal?

My employer has contacted me requesting that I complete an online induction training in my own time.

I have been an employee at this company for over 2 years.

When I pointed out that I’d already completed an induction when I first started (in my own time), the email response was that some of our standard operating procedures have changed and it is a requirement to redo the induction else I cannot work any further shifts.

I had a Google and the Fair Work Ombudsman- unpaid work webpage states: “If an employee has to do training as part of their job, they have to be paid the right pay for those hours worked.”

Illegal or no?

Comments

  • +27

    Probably not but challenge them on it and if you are a casual you can probably say goodbye to any shifts. Make a note of the date time and length of training in your own time and keep the record of the request to do it and then when you leave you can request payment and take them to task then.

    • +5

      Contact the relevant union as a 1st step and ask them what you asked here. If you think asking for you entitlements threatens your current job, or hours and you have a drug free work ethic, pick up stumps when you can..
      You could always as plan B submit your usual tax return and claim the time on the form somewhere or attach a note on the forms. Sounds like your employer is spending training money rebates before EOFY and basically using you to claim it. .
      What industry?

      • +1

        For the sake of anonymity I’ll leave the industry out of it. But yes I’m concerned I’m jeopardising my ability to get future shifts….however I’m not a member of the union.

        • +3

          Fair enough. Sometimes standing up for yourself means,strategies.
          Eg, biting your tongue and biding your time. ( Direct to employer has always worked for me)
          In the end work is mutual exploitation, a means to an end.
          You don't need to be an active union member to get their advice,support or opinion.

          • +2

            @Protractor: Casuals with useful skill and ability should be able to find alternative employment elsewhere. The truth is everyone else is replaceable without a fuss if they become annoying.

            Perhaps address it quietly internally via HR. Better to take down notes and record evidence and seek employment elsewhere before reporting the shenanigans if they don't do the right thing as a company.

            Although there are 'protections' in place, Im not sure I would want to hang around at a place I had dispute and vice versa.. especially if it wasn't resolveable amically internally;.

            • @Aneurism: Agree. And in the end, if a prospective employer rings the current one to quiz (reference) the odds are a few porkies will pop up.

        • don't listen to the guy above. see his attacks in the 'renter not paying his rent' thread.

      • +1

        This is just gibberish. You can’t attach a note to your tax return to magically get paid extra.

  • +7

    Totally illegal. You should report your employer & then use socials to name & shame them. And then look for another job.

    • +26

      Probably change the order and start looking for another job first.

      • +2

        I was bored by the same same

    • +3

      . And then look for another job.

      Ah yes just get another job off the job tree where jobs magically grow.

      Not everyone has the luxury of being unemployed for a period of time whilst finding a new job and the risks associated with it you clown.

      • +1

        Let me guess: You're upset about the earlier near-miss at the circus where you work?

        A jugglers career is always fraught with danger but there are plenty of circuses where you can find another job or you could even try cruises

        • @coffeeinmyveins is actually a full-time janitor at a bar and a part-time philanthropist

          • -1

            @Mikeer: Actually the philanthropy is on hold at the moment. Times are tough

  • +7

    How long does the induction take to complete?

      • +19

        Can you do it at work?
        Honestly asking for 1 hr pay is one thing (personally for a job that you’ve been in for 2 years AND you’re only doing this once, I would try to work around it), but trying to get the min 3 hrs pay is just taking a p!ss.
        I guess it boils down to how much you value your relationship with this employer.

      • +11

        Minimum shift length is 3 hours in this industry - would that apply in this instance?

        You could ask. They'll probably tell you not to bother doing the online training on any time, in fact, don't even bother turning up to work.

      • +6

        Which brings me to my next concern. Minimum shift length is 3 hours in this industry

        OK, now we know this is just a troll post…

        • Why?
          How many trillions of dollars do employers scam from employees thru wage theft each year.
          If you do the work you get paid correctly AND If you don't do the work you get fired.

          • +2

            @Sinnerator:

            How many trillions of dollars do employers scam from employees thru wage theft each year.

            Dunno, you tell us…

          • @Sinnerator: I'm sure it's a big number but not in the trillions!

      • Yeah coles were forced to back pay 3 hour shifts to staff made to do training at home

      • Woolworths EBA specified a 2 hour minimum shift if it's just for training purposes.

        I asked how I can be paid the 2 hours if I do training at home as requested, they said I can't, so I simply refused to do it at home and told them to put me on if they wanted me to do the training.

        It helped I was already working a full time job at the same time, and didn't really care if I got shifts (staff discount FTW)

    • +10

      Less than the time he’s wasted of everyone replying to his post, that’s for sure…

  • +9

    Most of the time - if you can read quickly and it is online, (if in video form watch it at 1.5x speed) such things can be finished off in 15 to 20 minutes or so. Not many managers really care that people genuinely internalise what is in such programs (beyond common sense), and it is more about covering the company against legal challenges. ..yes we did give them training that sexual harassment in the workplace is not ok etc (yeah.. duh).

    Paying somebody for 3 hours work, when they can do it while watching tv at home in a handful of minutes really is pushing "my rights and entitlements" to the nth degree.

    If you are paid above award wage in your role such things can often be written into your contract. i.e. if the contract allows it, and it doesn't mean that you dip below the award rate for an appropriate period (not one hour!.. more like 1 pay period, or 1 month etc) I think it isn't a case that what they are asking for is clearly illegal or unethical.

    It can be taken as part of the reason they pay above the reward rate (if applicable obviously).

    • Paying somebody for 3 hours work, when they can do it while watching tv at home in a handful of minutes really is pushing "my rights and entitlements" to the nth degree.

      If you can do it while watching tv at home in a handful of minutes, how valuable is the training anyway? Why bother at all?

      • +7

        They just have legal requirements for you to be complaint in certain things so they're covered.

        As long as you sign the thing at the end of the video they don't really care.

        • +10

          Exactly. They have legal requirements and will probably get a fine if you don’t do it. Therefore they can pay you to make sure you do do it.

          • +1

            @jjjaar: Most of it is common sense. I think there are overthinking it and to be honest wasting more time here when they could have just done it and moved on with their life. As others have said, feel free to test the waters with employer, but dont be surprised it they suddenly dont get any more shifts. Sometimes it just isnt worth rocking the boat.

            • +3

              @hazzad: I agree it’s common sense. I agree it’s quick. I agree it’s probably useless. But it’s time OP is being asked to spend doing something for work. Therefore it is work time and should be paid.

              • @jjjaar: Are you not aware of home much unpaid work many employees do? I mean most people on a salary do significantly more than a 9-5, 5 days a week. its one of the traps of being employed and in many cases staying emplyoyed. I mean i get its annoying. No one likes to have to do unpaid work, but sometimes you have to weigh up the pros and cons. Its making a fuss and potentially losig work worth it over spending 30-60 minutes doing a annual induction(many last for 2 years anyway). I mean its his call. Id juut do it mysef.

                • +4

                  @hazzad: Of course I’m aware. I’ve done a lot of unpaid work myself in the past. Now I have an employer that respects my time and gives me time in lieu for most unpaid work.

                  The more all employees across all industries just accept and normalise this shit, the more employers will keep taking advantage of us.

                  Also, this post was OP asking if it was legal or not, not if they should just do it.

      • If they set the training, and you do it in a manner that they told you not to (i.e. a responsible manager won't tell people to do it at home in front of the tv), you are responsible for not being trained properly.
        If they don't set the training, they are responsible for you not being trained properly.

        This is very likely the reason for the repetition of the training as well. It has been determined that telling people once some basic things about the workplace isn't enough, as lawyers will use a once and done induction to argue the business had not made safety/sexual harassment etc a sufficient priority. Doing regular training on such things indicates "dedication" to safety etc.

        They know it is bull, we know it is bull, they know we know it is bull, but the necessity of doing it remains for them due to the manner of our legal political system (and perhaps human nature).

    • +1

      My record is 10min. Its all generic, and even the final questions are usually "All of the above" or "None of the above". I can do the whole question set normally without actually reading the question, just looking at answers

      I have done maybe 100 site inductions and mini training courses in my time

      • +1

        if you can pass the integrated test without watching the teaching material skip to the end and do the test.

        if the teaching material wont let you fast forward then "watch it" on a second monitor while doing something else.

        keep the teaching material open in a second browser window while taking the test so you can skim for relevant answers that aren't common sense / already known.

      • As admin office worker at my old job, I literally did online inductions for my field colleagues for certificate☠️☠️

    • +2

      Won't someone think of the corpo's!?

  • This is a common way for companies to pass their costs onto the workers. If casual there's not much you can do, they just won't give you any shifts if you refuse.

    If you're a part/full time worker then you can push back and force them to pay you to do it in work time. This will likely make you public enemy number one. Fun if you don't care about having a job.

  • +1

    Sounds like they are "that kind" of company. Advised by a "millionaire" at a temp job to simply keep a notebook for work. This book will be used to record hours worked and any changes after each day. Vaguely remember her taking that notebook in to see the managers and complaining about hours. When half the team got cut (planned) Guess who didn't make it? The people who were bad, but also the people who complained… Overall though, that company made heaps of mistakes with hours and no way of logging everything. So the notebook ends up being useful, but you have to pick your battles.

    • +1

      So she got fired after showing the manager her notebook?
      What’s the moral of the story - Don’t complain, but if you do, keep it in a notebook?

      • it's there in my comment, you have to choose your battles. One hour might not be worth it. Sometimes mgmt might know what they are doing is wrong, so checking them is the right thing. In my case, I didn't keep the notebook and after my contract ended, I noticed a lot of errors. Had no proof of hours including overtime. So good habit to record this.

  • +8

    Govy jobs are the number 1 for this.
    Over time & inductions arent paid.

    When Coles do it, its criminal. When the Government do it, its "process".

  • +8

    It's illegal and incredibly common.

    Problem is, if you file a complaint you'll probably lose your job, spend more time working on the complaint than it's worth and get paid your one hour of unpaid wages (plus interest). Not really worth it. Just do what everyone else does with induction training, start it playing while you're watching TV and hit a button when required.

  • +22

    I'd do the training but get my time back in other ways - malicious compliance is the best way to deal with unreasonable employers.
    Never take them head on unless you have a plan B, but always get some justice for yourself.
    Let them think they saved the business an hours pay, but make it cost them ten hours in a way that doesn't come back on you.

    • +2

      This guy rucks.

    • Interested in some erm theoretical scenarios here - please advise

      • +7

        As an example, I had a boss stiff me with an unpleasant duty that should have been their job - the only other person apart from him and me who could do it was away on holiday so I unfortunately called in sick and made sure that boss had to do it himself. Was I sick? - Yep sick of his BS.

        In this case if they wasted my time for an hour with useless training I'd either bludge for a full shift or mildly sabotage the boss by letting them make a mistake and not telling them why they shouldn't do a task the way they intended.

        Be creative - just make sure it can't come back on you and that you don't mess with workplace safety…

        • Surely if you and your manager were the only one that could do the job, would you not just write that off as an opportunity to show your ability and mark yourself as the incumbent for the management role if it became available? Your boss knew you were pulling a sickie.

          • +2

            @tomfool: some bosses/managers are blindfcked, no matter what you do, they won't recognise or appreciate your effort.

          • @tomfool: Oh, Pollyanna, that is not how companies operate these days. I remember when I was so idealistic, but it’s been beaten out of me over the years.

          • @tomfool: That only works if you have a good boss who cares about you.
            In this scenario, if they cared, they wouldn't have off loaded the shitty work onto the guy.

    • Or just take a bathroom break at the end of your shift before logging off and do the online training on your phone.

      If they challenge this or take issue with it just outline to them you had an impacted stool and that you thought you would make the best of a bad situation and help the company avoid unnecessary legal issues while completing the requirements of the job.

  • +10

    In the last 10 years, for every training course I have taken, some of which being :

    • Induction.
    • Health and Safety training.
    • Risk / Mitigation.
    • Harassment / Discrimination.
    • Reputation damage
    • Legislation compliance.

    I have simply :

    • Click next.
    • Click fast forward.
    • Click whatever screen prompts.
    • If there is some smarts behind the training module that pauses when it loses screen focus, watch tiktoks until done.
    • Where there is a mandatory test with a pass mark required, always choose the longest, most wankiest answer that no human would ever act in that manner and its the correct answer.
  • I assume you're casual from your posts.

    Yes, it's illegal, anything work related such as meetings, induction, online training, training and so on needs to be paid but the drawback is that you have a high chance of your shifts being minimised and/or cut off in future rosters. It's sucks cause people who speak out are the ones who are penalised for being lawful and ethical.

    For your job sake, do it off-work time, keep clicking next until you finish it and get it done as quick as possible.

    I would make minutes of every training that's not part of your shift, also try get it in e-mail from your manager so you have evidence in hard writing, not directly about the pay but something that hints it. I would email them something like "hi manager, I am home right now but I am having browser problems with finishing the induction at home, is it ok for me to try fix this later at home?" then keep a record of all your shifts and payslips. If your minutes add up, the difference of pay would be the hours of unpaid induction and /or training

  • +2

    If I had minimum 3 hours pay for every mandatory work training I had to do. I would probably have a house deposit

    • +1

      If this is actually common you should definitely look into it further. Your employer is underpaying you.

    • +1

      If paying you 3 hours to do a training is ridiculous because of how short the training is, then it is also ridiculous that you can't step away from your shift to do such a short training on work time.

      I understand people have to accept being taken advantage of to keep their job, but at least don't justify that you are being taken advantage of

  • +1

    Last year I went for an interview for a position where one of the duties was to ensure workers (and tradies) employed or sub-contracted by said company complete inductions after-hours at home and be available for questions, issues that may arise etc…. I asked in that interview whether those after-hours inductions are 'On the clock' as it's part of the employment and required for those workers and tradies to complete their job onsite…. The answer was no.
    When I eventually received an auto-response from Seek that I was unsuccessful I was like yep.

    Having previously worked for another organisation where technicians had to do yearly inductions for one of their biggest clients, I was fortunate to eavesdrop on the conversation regarding doing the inductions 'At Home' and the response from said technicians told me all I needed to know, I don't think the subject of whether it would be paid or not was even touched on, so the abovementioned interview regarding workers doing unpaid inductions at home seemed like they were employing someone to be a punching bag so the head honcho's wouldn't have to deal with it. Granted the technicians (previous position) were getting $45+ p/h so 1-2 hours of 'Non-Paid' work wouldn't have been a deal breaker for such a high-rate but most people won't work for free and/or people won't work in their time (eg. When they're supposed to be winding down, spending quality time with their family etc) which I 100% respect.

    The moral to this story is inductions completed outside of work hours should be paid at 1.5 (time and a half) as it's essentially overtime, or done during work hours at their standard rate.

  • +1

    Fast Food/Hospitality? I’ve been through this in the past with FairWork and it’s cut and dry you need to be paid for this induction. What is good about your situation is they have stipulated it will take two hours for you to complete and you have already completed and know the contents of the module AND you have this email in writing. Skip the videos and complete it in your own time for 10-15 minutes and request payment for two hours. Maybe when your next payslip comes through ask why your pay is missing and start your enquiry from there? Then escalate this to HR then finally escalate this to FairWork. The smart play by your management would be to get you in for your next shift and make you do it on their time but they would prefer to play dumb and exploit the knowledge of their workers so they can’t learn the hard way.

    • +1

      Right, but if OP is just a casual can't he be fired at any time for no reason?

      • This goes the other way as well. Best thing about being casual is the ability to quit at a moment's notice.

        • I find some bosses are more than happy to fire a productive casual to satisfy a petty grudge.

  • Go to work early to complete it and then add those hours for OT.

  • If you wish to accept (rather than move to an alternate employer), simply record a log in a physical diary labelled 'overtime' (whatever is most easily admissible in Court for you) and do so each time it is necessary to work additional hours. When you leave, provide an invoice to your payer, as well as any discrepancies they have made with your hours or superannuation payments, etc.

    Not all the time you put in it should be unpaid until the day you send them an invoice, if you think your manager can adjust your hours or fix errors, give them an opportunity to do so. If they fail, keep a record of the request/s you made, as this will be very helpful in justifying the unpaid time you did in fact, work.

    In terms of training (by whatever name), I'd suggest you do it to ensure you understand the obligations and situations they expect you to encounter, and how they expect you to behave. As much as it is invariably presented in a patronising fashion, there can be something of value, somewhere in the time needed to complete it. You can also note any training you do in your resume under that job.

  • +4

    Whether it’s 1 hour or 20, you need to be paid for it.

    If they bring everyone in for a team meeting that’s 1 hour, they have to pay the 3 hour minimum.

    If they want it done, they need to tag an hour onto one of your regular shifts and let you do it before, or during it.

  • +1

    Yes they need to pay. Is it worth making a forum post and complaining about it. No. 1hr is the absolute max it will take - likely much less. Not worth the effort to worry about

  • +1

    Just do it during work hours and tell em tough titties if they kick up a fuss.

    It's work

  • you should be paid

    but for 1 hr let it slide in the interest of getting shifts, given it is mundane mouse clicking and video viewing.

    your employer will never let you leave 10 mins early again etc.

  • I have to do numerous inductions for my work as a contractor. I dont get paid for any of it. Maybe consider it a small price to pay to actually get work. I mean challenge it if you feel you need to, but in all honesty id just do it and be happy to have a job and get shifts if thats important to you. Seems like you are making a fuss about nothing, especially your suggestions you should be paif a min 3 hour shift for it. As others have said, they usually only take about 20-30 mins, most of the questions are common sense. Most of it probably wont even relate to your role. Unfortunaetly a lot of thes eindcutions are very general and cover a whole cross section of employees and many roles. I have to answer questions about hot works, working at heights, etc, etc. All i ever do any any site is general IT stuff. Lucky if 15% of the induction relates to my role. Its all just OH&S and red tape to cover everyone butts.

    • +1

      and if every non-contractor employee did this, employers, would NEVER exploit it, would they?

    • Let me take a hot guess, you're a contractor that isn't paid casual award rates. Hot or cold?

  • +7

    Should you be paid for it? Yes
    Should you just do it and move on because you could have done it in the time it's taken to write this post and reply? Also yes

    You can be right and not have a job.

    your other comment about min 3 hours and hinting that you may need to be paid 3hours for this shines a light on your mentality as well.

    • +1

      And this is the problem.

    • -1

      Agree. Probably should do it on work time but 1hr for a once off task, honestly just do it. Sure you can kick up a fuss about it but at the end of the day it will only reflect poorly on you.

  • +2

    Time you took to post this here and time you took for searching fair work articles would be enough to finish that induction mate. Stop complaining and be thankful to have a job. I had to do it many times over years.. even every year had to redo again. Don't really care.. just 5-10mins job. Do them during working hours if you worried about being unpaid.

    • Some of these inductions are getting long like over an hour.Businesses are trying to get away with this shit and it needs to stop. My mum did a remote job and they wanted her to return the projects PC , they didn't supply her with any packaging , she took 30 mins to go to nearest office works. 30 mins to print consignment and wrap. 45 mins on hold to courier company to schedule pickup. Then they had the audacity to question it.

  • Just do it and add it to your next pay slip. Then say oh didn't realise.

  • -3

    The entitlement is strong in this one!
    1 hour in your own time, for an employer you've been at for 2 years. If you're serious, you are your own worst enemy.
    Sure, if it was for a one off job, like working for the AEC on election day, fair call, it should probably be paid. For an employer you've been at for 2 years, you've got to be kidding.

  • +1

    I can take a guess who the employer is. I was in a store last night and chatting to the employee, she had the exact same complaint. She was doing it on the computer whilst the store was quiet, and holding a conversation with me at the same time…so maybe just stick the tv on and get it out of the way. You're already investing more time into thinking about it than it would probably take to do.

  • Just do the induction. Probably spending more time complaining about it on the internet.

  • +1

    I think most people are missing the point. This is a terrible ask and it signifies a terrible business. If you can’t afford to pay your team for training, you can’t afford to be in business. These are the same businesses that wonder why their staff leave at 5:00pm sharp.

    Here’s the plan… Do the training in your own time, log the hours, save any emails or note down when you were instructed to do this, find a new job and demand they back pay you for the extra hours when you quit. If they’re refuse, fair work it.

    • That sounds like a lot more than an hour of unpaid work.

      • What, noting down when they’re being asked to do unpaid work and how long they worked for? Do you chisel your notes into a rock or something?

        • "find a new job" - 2 to 20 hours
          "If they’re refuse, fair work it" - 2 to 20 hours

          • @youknow: Ok, well that’s just lazy if you don’t want to put in the effort to get away from a terrible employer.

            Fair work, depends how much time accrues as I bet this isn’t the only instance of this abhorrent behaviour. They can make that decision once they go. As they mentioned, minimum shift is 3 hours. Adds up pretty quick.

  • Back in my younger days, all my minimum wage jobs (video shop, electronics retail) would do this. Expected to come early / stay back after work cos a rep would come to train us for 1hr. We’d never get paid, but oh boy we got free food!

    • We’d never get paid, but oh boy we got free food!

      My dog would think like this.

  • -1

    So for a one off one hour unpaid training session you've wasted several hours complaining about it on Oz Bargain?

  • +3

    It is there plain as day in black and white:

    “If an employee has to do training as part of their job, they have to be paid the right pay for those hours worked.”

    OP, you are ENTITLED to be paid for inductions, trainings, meetings etc… Don't listen to the "she'll be right" crap. If you can't do it during business hours/during your shift then it isn't your problem, it's for your employer/manager to navigate. If they're adamant on not paying you/demanding you do it outside of working hours, then get it in writing and search for another job that values you.

    ~sips tea whilst waiting for barrage of downvotes from managers/employers who think it's ok to rip off their staff

  • Is it legal, no. Does it really make sense to fight over, probably not.
    My personal experience has involved literally thousands of hours of unpaid work. For me personally, it has always paid off. Never at the time, but usually in the years after. I am in a very fortunate position now because of the effort put in along the way.
    If you don't like it, find a better job. There has not been a better time in recent history to improve your employment situation than the last year or two.

    • +1

      Doing extra hours for mutual benefit is perfectly reasonable. However, I highly doubt doing extra hours at a place that demands you do compliance (repeat induction) training will pay off.

  • +1

    To me its one of those give a bit take a bit situations. Whilst I would prefer to do it in work time if I did it in my time, work would pay for it in some other way that wouldn't be noticeable I can assure you.

  • Pay your kid half the rate to complete it

  • -1

    Just do the bloody 1 hr induction. And join a union while you're at it. Sounds like you're going to need them in the future.

    Some workplace agreements have training days built in. That is the answer I get when I complain about the 8+ inductions I need to do each year.

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