We all have the right to be treated equally and fairly, and that right applies to the payment of our wages under the law. Across a range of occupations including apprentices, telemarketers and retail workers, no one is immune to the risk of being underpaid.
So how do you check if you are being paid fairly under the law?
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All employment has a minimum wage, which is your base rate of pay for ordinary hours worked. The national minimum wage is currently $17.70 an hour, which is $672.70 before tax for a 38-hour week. Casual employees should receive at least 25 per cent above this rate, or $22.13 an hour.
Your rate of pay can be found in the industrial instrument that applies to your employment (eg, a modern award or enterprise agreement) or your contract of employment. If you are unsure what type of agreement you are employed under, ask and get a copy.
Compare the rate on your payslip with your industrial instrument or contract, and carefully look at any allowances you receive or should receive (like tool subsidies or meal allowances) as well as penalty rates for overtime or weekend, shift or public holiday work.
You are also entitled to be paid for things like training, staff meetings and trial shifts that are unreasonable in length or number. Superannuation payments are compulsory for employers to pay on top of your wage, if you earn more than $450 before tax a month.
The national minimum wage itself is reviewed by the Fair Work Commission every year and will normally increase by a small amount.
If you are only covered by a contract of employment and aren't covered by an award or agreement, the law states that you cannot be paid less than the national minimum wage. Remember, the terms of an employment contract cannot make you worse off than the legal minimum.
The Fair Work Ombudsman has some helpful online tools to allow you to easily work out what your award is (if you're covered by one), what your pay rates should be, leave entitlements and entitlements when your employment is coming to an end.
If you think you are being underpaid:
- Talk to your employer about it first;
- Request in writing that they reimburse you and state the reasons why;
- Start keeping a diary, records of the errors and pay slips provided by your employer;
- If you are a union member get help from the union;
- Contact the Fair Work Ombudsman for guidance and make a complaint;
- Seek legal advice.
Sadly underpayment continues to happen and it is important to be informed about your rights to make sure you are getting paid fairly.
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Alison and Jillian Barrett are both principals at Maurice Blackburn Lawyers. The Queensland sisters are experienced lawyers and passionate social justice campaigners. Alison juggles motherhood, as well as heading up a major legal practice area. Younger sister Jillian also leads a team of lawyers and sports a double degree in Law and Journalism.