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NSW Am I on Clerks Private Sector Award?

Discussion in 'Employment Law Forum' started by bork1234, 27 May 2016.

  1. bork1234

    bork1234 Member

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    Hi,

    My employer is claiming that I am not covered by an award and that's why I am not entitled to penalty or overtime rates.

    My job is basically to produce financial reports. I am a full-time worker, paid a relatively low hourly rate, not much more than the national minimum wage. I suspect I should be covered by either the Clerks Private Sector Award or the Banking, Finance, and Insurance Award.

    My main concern is that I am expected to do extensive overtime, including weekends and public holidays, with no overtime or penalty rates.

    Any help on employment law would be appreciated :)
     
  2. Tim W

    Tim W Lawyer

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    Have you looked here?
     
  3. bork1234

    bork1234 Member

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    Thanks, yeah, I have searched through all the awards and I believe either the Clerks Private Sector Award or the Banking, Finance, and Insurance Award are applicable. But I'm not sure how I can confirm this, or prove this to my employer, since they are adamant that no award applies.

    It is my understanding that most jobs that aren't covered by an enterprise agreement are covered by an award. They are trying to tell me I'm a non award employee. How does this work? I can't see how any low paid office job would not be covered by an award.

    Thanks again :)
     
  4. Rod

    Rod Well-Known Member

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    And looked here?

    The fact that you do not appear to have a management role and are paid a low wage would seem to indicate an award should apply. Best to call the Fair Work Ombudsman for confirmation.
     
  5. Tim W

    Tim W Lawyer

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    I suspect that your employer does not understand (or is deliberately pretending not to understand)
    the difference between agreement free and award free.
    Did you see this page?
     

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