QLD Is this all above board?

[Ephemera80]

Hi all,

I have queries that have been building up over time. I've tried to do my own research but as an immigrant to Australia (in 2013 from UK) I am struggling to reconcile all the different laws - what does and doesn't apply to me.

I'll keep the story bullet-pointed to give the facts.

• Arrived in Australia and job hunted for nearly 10 months before being taken on by a regional Qld employer in November 2014. I had begun a uni course part-time and was a mature student at 34 year of age.
• Initially employed on casual basis (no formal contract despite asking) doing evening work as and when required at $19/hr paid pro rata part-hour completed - no super paid.
• Early 2016, began working two days per week (average) in the office, casual basis $19/hr, no super.
• November 2016 was asked if I wanted full-time, still casual $19/hr and told that I would get super paid into the 'office super fund' (this was to cover another employee's maternity leave for 6 months). I agreed to get the extra experience and my wife and I had also recently found out we were expecting in late May 2017.
• May 2017 was told by the admin staff member who administered Super that they had no details on file for my fund so I told them about the 'office super fund' I apparently belonged to, they told me there was no such thing and recommended I sorted my own ASAP. I did within 24hrs and gave details to her.
• From July 2017 pay increased, still showing $19/hr but an additional $228 bonus each fortnight to give $22/hr equivalent. This bonus was paid every week during the 2018FY regardless of annual, personal, or unpaid leave taken. Super was calculated at 9.5% on the $19/hr.
• In late Jan 2018 I was told I was being allowed to be classed as permanent full-time, no change made to pay, bonus, or super calculations on payslip. But did start acrruing leave balances, and got paid leave for the first time.
• From July 2018 I requested part-time due to parental and study commitments, employer agreed to 3 days per week still permanent - still showing $19/hr but bonus decreased to $136.80/fortnight to give $22/hr equivalent. This bonus has been paid every week during the 2019FY so far regardless of annual, personal, or unpaid leave taken. Super has been calculated at 9.5% on the $19/hr.

Does any of this sound correct? At various times I've had people external to the situation tell me I have been underpaid, had no consideration made in regards of minimum engagement periods, super not paid correctly.

 

[Rod]

Pay seems low, at least for part of your employment period.

You also need to consider if making enquiries is likely to see you lose your job. You may well be compensated to some extent for unfair dismissal if this happens but any compensation will not help pay the bills for long if you cannot find alternative employment.