NSW Unpaid Hospitality Trial and Below Minimum Wage Offer?

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4 November 2014

I recently started working an hospitalilty job. I figured I'd do an unpaid trial shift but I was told I'd be reimbursed for that as well. I was also told I had the job and began taking shifts.

Anyway, pay time rolls around and my hours are calculated at 38 (I worked at least 43) and I'm offered $500 cash for the week and told that from then on I'll be on the books with a $26k salary for 38hours/week (about $12.70/hr)

I still haven't received the cash for the work I've done (I'm meant to get it tomorrow) but one of the employees calls to tell me that the hours he set out with me today have changed (they want me to do at least 50 hours and I'm pretty sure that will include more since I'll be sitting around between split shifts minding/cleaning the kitchen or whatever)

There was no mention of salary changes but this all seems pretty bs. I didn't want to raise any qualms about the hours/rate over the phone either since I'm still due to see the manager to receive my pay for the previous week and these instructions given to me by the employee have come from him (the owner/manager)

But basically my questions are:
1. Is wages for $26k for permanent part-time @ 38 hours/week legal?
2. How likely am I to be successful in obtaining the money for the week I've already worked if they decide they won't pay me because I'm unhappy with 50hrs/week?
3. How would I go about obtaining the money and how long is the process?
4. Is 50hrs/week @ $26k legal under employment law?

I'm 22 so I assume adult min. wage applies but I don't really know a whole lot about the law here and in all my cash / tfn jobs I've never had an issue as ridiculous as this.

Basically I just want to arm myself with all the relevant knowledge before I confront the owner tomorrow about getting paid and continued work rates/hours etc.

Tim W

LawConnect (LawTap) Verified
28 April 2014

Owens Lawyers

Well-Known Member
13 June 2014
It looks like some pretty serious breaches of the Fair Work Act and the relevant award going on there. Contact the union as suggested by @Tim W and possibly the FWO (although they can be a bit limited in the help they provide these days). Maybe consider contacting LawAccess for a referral to a CLC and possibly legal advice.
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