YOUR RIGHTS AT WORK ARE WORTH KNOWING

The reality of life as a student is that you juggle your studies and work to financially support your university journey.

This juggle, and often struggle, between studies and work often leads to extra stress in your life, so it’s important to be as informed of your workplace rights as possible.

In the university sector the main union that supports staff is the National Tertiary Education Union (NTEU) who have coverage of academic staff … from senior university Pro-Vice Chancellors, through senior lecturers and lecturers, to general staff, including all duties that support students and staff.

The NTEU have an office at Charles Darwin University in Red 6 at the Casuarina campus, and work with university staff to advocate for their rights at work. We undertake important tasks such as negotiating their Enterprise Agreement, which provides the legally binding pay rates and conditions of employment.

Across other universities, particularly the larger campuses, there is often the presence of the National Union of Students (NUS). The NUS does not have a branch at CDU, so have reached out to the NTEU to explain rights for students.

Increasingly, you may have heard of people talking about wage theft in Australia. Wage theft is when you are paid less than the legal minimum rate of pay.

• Wage theft is widespread in Australia, especially in areas where students and temporary visa holders work – Australian Senate Committee Report. • 30% of international students earned $12 per hour or less – about half the minimum wage for a casual employee in many of the jobs in which they work – National Temporary Migrant Work Survey 2017. • 43% of Australians reported being paid less than the minimum wage. – Kronos Survey Report 2017.

There are a few basic things you should know: • There are minimum rates of pay in Australia. You cannot be paid less than the minimum. • You must be paid for every hour you work. • You can accept cash-in-hand payment. • Overseas students must get the same rate of pay as Australians. • Unpaid ‘trials’ of work are illegal. • Unpaid ‘internships’ are usually illegal unless they are a placement linked to a course of study. • Unions protect your rights and conditions at work.

There are some National Employment Standards in Australia that provide for 10 basic conditions of full-time employment which an employer must follow, such as a 38 hour week, four weeks paid annual leave and 10 days paid sick leave.

Casual employees are not entitled to paid leave and their conditions of employment in most industries or occupations are covered by an Award or Enterprise Agreement.

You will find pay rates in your industry’s Award or Enterprise Agreement. Awards set the minimum standards for pay and conditions for workers. They apply nationally to almost all industries or occupations. There are more than 100 Awards and these are legally enforceable. For example, if you are a cleaner, you are most probably covered by the Cleaning Industry Award. If you work in a café or restaurant, you are most probably covered by the Restaurant Industry Award.

An Enterprise Agreement is a collective agreement, usually negotiated by a union or unions, which sets out your pay and most conditions of employment. For example, if you work for a large employer, like Coles or Woolworths, or if you work for a university, you will probably be covered by an Enterprise Agreement.

Enterprise Agreements usually provide higher rates of pay than Awards, so if you are looking for pay rates, look in your Enterprise Agreement.

The National Minimum Wage is currently $18.93 per hour, or $719.20 per 38 hour week (before tax). Most people on Awards or Enterprise Agreements are entitled to more than the national minimum wage. If you are getting less than the National Minimum Wage then you are getting ripped off!

Casual employees also get a 25% loading. For example, a casual employee on the national minimum hourly rate of pay of $18.93, gets $23.66 over the age of 21. Including the 25% casual loading, the minimum hourly rates are: Age 16 - $11.19; Age 17 - $13.68; Age 18 - $16.16; Age 19 - $19.53; Age 20 - $23.11.

The minimum wage laws apply only to employees. Another way to work is as an independent contractor rather than as an employee. An employee gets paid a wage, an independent contractor runs their own business. Some employers might describe your work as an independent contractor when you are actually an employee – this is called sham contracting.

Signs that your employer might engage in wage theft: • The employer does not give you a copy of the Fair Work Information Statement (illegal). • The employer does not require you to provide a Tax File Number Declaration (illegal). • The employer does not tell you the name of the corporation or business which is employing you (suspicious). • The employer does not provide you with a pay advice each pay (illegal). • The employer pays you in cash (suspicious).

If you are being underpaid … keep detailed records. Write down what time you start and finish, and the length of your meal break/s. Calculate the hours you work. Do this each day and sign it. Record all payments you receive, when and what form they take – cash or bank transfer. If you are paid cash, write it down and who gave you the money.

Keep copies of payslips, tax summaries, and relevant bank statements. Encourage workmates you trust to do the same. Find out and record the proper name of the company you work for (e.g. at a chain store your employer may be a franchisee … e.g. Fred Bloggs Pty Ltd … and not the name of the chain store).

The best way to avoid being ripped off at work is to join a union. Unions fight for these wages and conditions and defend employees who are being ripped off. You can recover money for up to six years after an underpayment has occurred.

Examples of industry unions are listed below: • National Tertiary Education Union – universities. • United Voice – restaurants, cafes, hotels. • Australian Services Union – private sector clerical and call centres. • National Union of Workers or Australian Workers Union – fruit picking. • Shop Distributors Association – shops and fast food.

If in doubt, get in touch with the Australian Council of Unions (ACTU) which has a website where you can find out which union you can join: australianunions.org.au or call 1300 486 466.

Know your rights at work, learn about them early to avoid being ripped off, join your union, and ensure you get your fair pay and conditions.

Working through university is no easy ride so make the most of it with the best knowledge about your workplace rights.

Delia Lawrie is the Industrial Organiser with the Northern Territory Division of the National Tertiary Education Union.

Photo caption: NTEU CDU members enjoying May Day in Darwin.