VIC Employment Contract - Temp Agency Changing My Hourly Rate?

[JoeNL]

Hi,

I am employed through a large well-known recruitment agency and have been completing various external assignments and contracts with their through them without issue for around a year.

Prior to my most recent employment contract (still employed here) I was sent the normal assignment confirmation email detailing my position, location and most important my hourly rate, this was shown and confirmed in the confirmation email as $37/hr. After having worked my first week in the role I logged in as normal to complete my online timesheets and saw that my hourly rate had dropped by $10 per hour to $27/hr. I was not informed of this change nor did I consent to it.

I contacted the agency and they informed me that the originally confirmed rate was a clerical error on their behalf and there was nothing they could do to bring it to the previously confirmed rate, or any higher for that matter.

What are my options here? I need this job so cannot leave, but I also feel I have been unfairly treated as I am now standing to earn approx. $2500 less over a 5 week contact.

Thanks,

 

[Tim W]

Are you labour hire, or does your agency procure work for you as a PAYG?

 

[JoeNL]

My agency sources me contracts/assignments with their clients. I am employed by the agency and outsourced to the clients, ie. the agency manages my payments, leave, tax deductions etc

 

[Tim W]

Sounds like you are labour hire.
Your <ahem> adjusted rate may have been a geniune human error typo,
or it may not.

I am reminded of a story about some labour hire workers
wherein the client arced up at the hourly rate they were being charged,
and so, to give the client a reduced rate, and yet still maintain margin,
the labour hire firm (ie the employer) unilaterally reduced the one cost component
that they cared the least about - the workers' wages.

You may find that the onus is on the employer to show that it was a genuine error.
A conversation with your union and/or Fair Work might be in order.

 

[JoeNL]

Would just like to clarify my position in a little more detail as I wouldn't imagine myself as being labour hire in the traditional sense of the term. This is the best example of the situation I am in, Company X (an engineering firm in this example) approaches Agency Y (My agency) and states that they require a project officer for 5 weeks, Agency Y approaches me and asks if I am looking for a contract and would I be interested in the Project officer role, based on location, hourly rate etc etc. I interview with Company X for the position and am accepted, the assignment is confirmed through a confirmation email stating Job title, team, hourly rate, location etc, I accept or decline based on this. I begin working as a Project officer for Company X, employed through Agency Y

Not sure if that sheds any more light on the situation. As in I am not a permanent employee of, for example, a construction company.

 

[Tim W]

Whose name is on your paypacket and your Payment Summary?

 

[JoeNL]

The agencies. I'm guessing I class as labour hire then? Is it tough luck in that case? Suck it up or quit kind of situation?

 

[Rod]

You'd have a reasonable chance of getting the $$$, but then you may find the agency just doesn't have any future work for you.

Your call, do you want the $$$ and risk future agency work, or do you want future agency work?

You may be able to finish the contract and then go for the balance. 5 weeks isn't all that long to negotiate the 'correct' rate.

One option is to offer to split the difference between the client rate and your rate as a way of settling the matter.

 

[JoeNL]

Hi Rod,

Will give you a little more info regarding my situation. I am a foreign citizen, will be leaving Australia in the next few months so could not care in the slightest if I burn all bridges with this agency. I've deliberately left the negotiations in an open ended state with the intention of resolving this post contract (less messy for the client with whom iv'e enjoyed a very good relationship).

I tried offering to meet in the middle and was refused point blank, the only option I had was an offer of the agency contacting the client and requesting a payrise on my behalf which I was totally uncomfortable with for obvious reasons, not least the fact that this would simply put more money in the agency's pocket.

Do you have any advice with regards to going for the missing $$?

Cheers,

J

 

[Rod]

Contact the Cth Fair Work Ombudsman in the first instance, explain your situation to them and see what they say. They may not help but worth the cost of a call.