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VIC Questions Regarding Wages under Employment Law

Discussion in 'Employment Law Forum' started by cendr, 9 November 2015.

  1. cendr

    cendr Member

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    Q) What does it mean under Employment Law if the employer chooses to make the employee's employment subject to loaded rates, incentives, bonuses, performance payments or other payments, these entitlements will be paid to the employee in addition to the employees remuneration?

    Q) Also, what does it mean if a Modern award applies to the employee, then the total remuneration paid to the employee, however it is categorised or described (whether wages, overtime, penalty rates, allowances, or other entitlement whatsoever) is paid to the employee in satisfaction of all of the employees monetary or other entitlements under the Modern Award?

    Q) Whatever payments are received by the employee are first to be applied in payment of any minimum wages the employee is entitled to receive under the Modern Award that applies to the employee (if any). The balance of payments to the employee shall be in satisfaction of any monetary amount or other entitlement owing to the Employee whatsoever under the Modern award that applies to the employee
     
  2. cendr

    cendr Member

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    Does it mean the base hourly rate is an all inclusive rate?
     
  3. Serge Gorval

    Serge Gorval Well-Known Member

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    To avoid the hassle of penalties and awards, some employers often choose to provide "all purpose" rates of pay implying that the rate paid includes an amount for allowances and penalties.

    However such rates, if inappropriately calculated or if say you work excessive overtime/weekends, will fall short creating an underpayment of wages.

    What award are you covered by ?
     
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  4. cendr

    cendr Member

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  5. Serge Gorval

    Serge Gorval Well-Known Member

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    How much was your hourly rate and what was your role?
     
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  6. cendr

    cendr Member

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    My role was made up of Level 5 & 6 - Gym Allrounder with First Aid

    I was being paid above Level 3a

    I was rostered and work Thurs - Mon 10pm - 6am

    I had been advised my base hourly was an all Inclusive rate and it included O/T Allowances and penalties
    My employment contract state my role is Night Shift worker. Base Hourly $19.59 "All Inclusive"

    When I worked public holidays I was paid double time

    My timesheets I found out just recently when requested to sight them has been changed by HQ

    I was the only one who mostly worked this shift but when they employed another staff I had to train them with the processes. I was terminated because I had given a weeks notice to change from Full time to casual because of my uni timetable.

    What are your thoughts??
     

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