NSW How to Determine What Award We Should be Under?

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Abigail92

Member
12 August 2016
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I recently started working for a new company and therefore I'm still on probation so I need to tread carefully regarding this issue.

After accepting a position with a wholesale company working nights, I found out that we are paid under a retail award. While I found this to be odd at the time, it honestly didn't bother me. However, with the retail penalty rates getting slashed today I realised this would affect me and looked into it a bit more.

After some subtle questions to the staff that had been there for more then 10 years, I found out that once upon a time our section had been a retail outlet, which had closed and that they all were paid retail wages when the shop was open and when it changed to wholesale none of their contracts were updated.

Now while this in itself doesn't seem a big deal. When you look at what we do which is process seafood (kind of like a butcher but for fish) and pack seafood orders for restaurants etc, and you look that job description up on the internet. It says we should be under a Seafood Processor Award. The pay rate, penalties and shift loadings are completely different to retail, in fact we are a lot worse off under Retaul.

I'm wondering if there's a way to determine exactly what Award we should be under and who actually decides which jobs have which awards. If it means talking to Fair Work Australia, I'm guessing that's not going to be a anonymous kind of conversation and I don't want to get fired. However if they are paying us under the incorrect Award then it needs to be fixed, and the other employees back paid.

I would appreciate any help and help anyone can provide.
 

Rod

Lawyer
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27 May 2014
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Try an anonymous tip-off to the Fair Work Ombudsman in the first instance.