Looking for work in 2017? Some advice on your rights from the experts

By and large businesses in the Northern Rivers region of New South Wales are fair to their employees.

However, there is no denying that there is an element amongst employers which attempts to take advantage of people desperate to find paid work and, under award rates, no payslips, wages not paid on time, deductions from wages for a little as dropping one small bottle of soft drink, unfair dismissal, are not unknown.

So it pays to know your rights upfront and this may help…….

Fair Work Ombudsman, media release, February 2017:

Fair Work Ombudsman out to smash myths relating to young workers

13 February 2017

The Fair Work Ombudsman is seeking to educate employees and business on the myths that are contributing to a concerning number of young workers being underpaid around Australia.

Fair Work Ombudsman Natalie James says too many people mistakenly believe that a range of workplace practices relating to young workers are OK when they are in fact unlawful.

“It’s time to address the myths that have achieved widespread levels of acceptance and are resulting in employers short-changing young workers around the country,” Ms James said. 

“Young workers make up about 16 per cent of the Australian workforce but account for a disproportionately high 25 per cent of requests for assistance to the agency. Last year 44% of the litigations we filed in court involved young workers.” 

“It is critical to raise awareness among employees and employers that they may be involved in serious contraventions of workplace laws by unwittingly continuing with practices that they believe are acceptable. 

“Young workers can be vulnerable in the workplace as they are often not fully aware of their rights or reluctant to complain if they think something is wrong. 

“We also come across too many employers who are short-changing young workers and when we contact them they say, ‘I just assumed what I was doing was OK’,” Ms James said. 

Ten common young worker myths the Fair Work Ombudsman encounters are:

MYTH 1: Paying low, flat rates of pay for all hours worked is OK if the worker agrees. 
FACT: Minimum lawful pay rates are mandatory. In many jobs, penalty rates must be paid for evening, weekend, public holiday and overtime work.

MYTH 2: Lengthy unpaid work trials are OK.

FACT: Unpaid trials are only OK for as long as needed to demonstrate the skills required for the job. Depending on the nature of the work, this could range from an hour to one shift.

MYTH 3: Employees don’t need to be paid for time spent opening and closing a store or for time spent attending meetings or training outside their paid work hours.

FACT: If a meeting or training is compulsory, then it is work. Employees must be paid for all hours they dedicate to work and this includes time spent opening or closing a store. For example, if an employee is required to be at work at 7.45am to prepare for an 8am store opening, they need to be paid from 7.45am.

MYTH 4: Employers can make deductions from an employee’s wages to cover losses arising from cash register discrepancies, breakages and customers who don’t pay.

FACT: Unauthorised deductions from an employee’s pay are unlawful. Deductions can be made only in very limited circumstances. 

MYTH 5: Employees are obliged to buy store produce such as clothing or food.

FACT: Employers cannot require staff to purchase store produce. This includes any items for which the worker may receive a staff discount. For example, an employer cannot require workers to purchase the particular clothing stocked in a retail outlet. 

MYTH 6: Unpaid internships are OK for all inexperienced young workers looking to get a foot in the door.

FACT: Internships can only be lawfully unpaid when they are a requirement of a course at an authorised educational or training institution.

MYTH 7: Employers can pay young workers as ‘trainees’ or ‘apprentices’ without lodging any formal paperwork.

FACT: Employers must negotiate and lodge a registered training contract for an employee in order to lawfully be able to pay trainee or apprentice rates. An employer cannot pay an employee trainee rates just because they are young or new to the job. 

MYTH 8: Paying employees with goods such as food or drink is OK.

FACT: Payment-in-kind is unlawful. Employees must be paid wages for all work performed.

MYTH 9: If a worker has an Australian Business Number (ABN) they are an independent contractor and minimum pay rates don’t apply.

FACT: Having an ABN does not automatically make a worker an independent contractor. Fair Work inspectors apply tests of fact and law to determine whether a worker’s correct classification is as an independent contractor or an employee. Whether an employer has labelled a worker as a contractor and required them to obtain an ABN may not be relevant.

MYTH 10: Pay slips aren’t mandatory – employers only need to give employees pay slips if they ask for them.

FACT: Employers must give all employees a pay slip within one working day of pay-day. Employers can give employees paper or electronic pay slips, such as a link sent via email. 

Ms James says that in 2017 her Agency will have a particular focus on proactively checking that employers of young workers are doing the right thing. 

“Young workers can be vulnerable, so we place high importance on checking and treat cases of their rights being contravened more seriously, which means we are more likely to pursue enforcement action,” Ms James said. 

Between July 2011 and June 2016, the Fair Work Ombudsman received more than 27,000 requests for assistance from young workers and recovered over $18 million for young workers who had been short-changed.

Employers and employees seeking assistance can visit www.fairwork.gov.au or contact the Fair Work Infoline on 13 13 94. An interpreter service is available by calling 13 14 50 and information on the website is translated into 27 different languages.

Resources available on the website include the Pay and Conditions Tool (PACT), which provides advice about pay, shift, leave and redundancy entitlements and an employer’s guide to employing young workers.

Online resources available for young workers include a guide for young workers, the ‘starting a new job’ online learning course and a range of helpful tips.

Follow Fair Work Ombudsman Natalie James on Twitter @NatJamesFWO , the Fair Work Ombudsman @fairwork_gov_au  or find us on Facebook www.facebook.com/fairwork.gov.au .

Sign up to receive the Fair Work Ombudsman’s media releases direct to your email inbox at www.fairwork.gov.au/mediareleases.

Fair Work Commission, May 2016:

Awards

If you are not covered by an agreement, your minimum wages and conditions are likely to be set by a modern award

The modern award will deal with:

minimum wage rates

annual leave, and annual leave loading

other types of leave

hours of work

penalty rates, overtime and casual rates

allowances

consultation, and

many other minimum conditions.

Go to Find an award

Caveat emptor: pay new prices at Target but take home pre-loved goods!

Recently I went into the local Target store and came out the 'proud' owner of a new digital camera.
Or did I?
This short video filmed by an unknown person was found in the camera's memory and, its very existence probably voids any warranty.
Nice one, Target!

Results of Fair Trading checks in Grafton, Maclean and Yamba

Fair Trading Deputy Commissioner Steve Griffin today released the results of a recent NSW Fair Trading education and compliance campaign in Grafton, Maclean and Yamba.

Mr Griffin said results from the week long campaign showed some local traders needed to improve their compliance with Fair Trading laws.

“Between 9 to 13 August, 59 businesses were visited and Fair Trading officers carried out a range of compliance inspections, including checking licensing at motor dealers, motor vehicle repairers, travel agents, pawn brokers and second hand dealers, as well as checking business names,” he said.

“In total, 34 breaches were detected and 26 inspection reports issued.

“Notably, the level of compliance by motor dealers was disappointing, with only three out of seven traders compliant.

“A motor dealer in Yamba received two penalty notices totalling $660 for failing to have a prescribed notice signed by a customer and for not having the prescribed form attached to the vehicle.

“Another motor dealer in Maclean received a $330 penalty notice for misrepresenting a vehicle’s year of manufacture.”

Mr Griffin said local businesses and traders benefited from attending presentations focused on their areas of activities, as well as visits to their premises.

“Fair Trading staff delivered 11 information sessions attended by 360 participants, on topics including: associations, tenancy, motor vehicles and general fair trading information,” he said.

“Members of the local indigenous community participated in a Kooris and Cars presentation delivered jointly with the Roads and Traffic Authority.

“Seventy five year 9 and 10 commerce students from Maclean High School took part in a Money Stuff program where they learnt about refunds and warranties, credit and mobile phones.”

Mr Griffin said Fair Trading staff distributed 100 Seniors Guides (in PDF format: size 1.57Mb) to Maclean Meals on Wheels and more than 150 product safety kits to local pre-schools and day care centres.

“As a result of the visit, local consumers are now more aware of their rights and where to go for information and help,” he said.

Source: NSW Fair Trading

Gloria Jean and Mercy Ministries back in the spotlight

With much of the Australian mainstream media and blogosphere focussed on the recent federal election, this The Sydney Morning Herald article past under my radar (kudos to Cafe Whispers for being an exception) :

The parent company of Gloria Jeans Coffee, co-owned by the Hillsong Church elder Nabi Saleh, is in ''financial dire straits'' and should be put into liquidation and an investigation held into its affairs, the NSW Supreme Court has been told.
It is the latest shot fired in the multimillion-dollar lawsuit against the coffee giant's parent company, Jireh International, by a small US-based coffee supplier, Western Export Services.
On June 11, the court ruled that Jireh must pay the export company millions in commissions and interest after it found Jireh had breached a joint venture agreement. Yesterday the parties were back in court, fighting over the formula used to calculate the total owed to Western Export Services.

The last published judgment in the matter Western Export Services Inc v Jireh International Pty Limited [2010] NSWSC 622 (11 June 2010) awarding $8,387,656 in damages to Western Export Services.

Here in Australia we are all aware of the ACCC's investigations into Hillsong-connected Mercy Ministries:

The Australian Competition and Consumer Commission has obtained court enforceable undertakings, which includes payment, from seven former directors of Mercy Ministries Incorporated and/or Mercy Ministries Limited in relation to misrepresentations by those entities.
The undertakings include an apology and a voluntary payment of $1050 to those people affected by the conduct. These are made by former directors Mark Zschech, Peter Irvine, Mark Caldwell, Stephen Crouch, Young Pil (Phil) Sohn, Darlene Zschech and Clark Pearson.
Mercy Ministries is a not-for-profit Christian based charitable organisation which offered a residential counselling program to young women affected by issues such as eating disorders, depression, self harm, unplanned pregnancy, drug and alcohol abuse and the effects of sexual or physical abuse. The program was offered whilst the young women resided in a Mercy Ministries home.
The ACCC was concerned that in a period between January 2005 and June 2008, Mercy Ministries misrepresented in brochures and on its website that its services were provided for free, when the majority of residents were required to assign their Centrelink payments to Mercy Ministries for the duration of their stay.
The ACCC was also concerned that during this period, Mercy Ministries misrepresented that it offered professional support from psychologists, dieticians, general practitioners, social workers and counsellors, when the level of professional support was not available as represented. Mercy Ministries did not employ this range of professionals. It did facilitate access to external professionals upon request from residents.

2010

Undertakings remedy Mercy Ministries misleading conduct

Undertakings remedy Mercy Ministries misleading conduct. The Australian Competition and Consumer Commission has obtained court enforceable undertakings, which includes payment, from...

Young Pil Sohn

obtained court enforceable Undertakings from seven former directors of Mercy Ministries Incorporated and/or Mercy Ministries Limited in relation to representations made by...

Mark Anton Zschech

December 2009. Undertaking. The ACCC has obtained court enforceable Undertakings from seven former directors of Mercy Ministries Incorporated and/or Mercy Ministries...

2009

Undertaking.pdf

Darlene Joyce Zschech and Clark Pearson were directors or office holders of Mercy Ministries Limited ACN 094 325 765 ( N ML) and/or Mercy Ministries Incorporated ABN...

ACCC October—December 2009.pdf

A report of the Australian Competition and Consumer Commission s activities 1 October to 31 December 2009

UNiTAB, please explain! If punters cannot win they shouldn't risk a loss.

While many readers may have thought, "silly b*gger!" when they read about the betting agency operator who plunged $50,100 on a panlicker at the Ballarat greyhounds on Wednesday night, a few very fortunate punters are thanking their lucky stars.

Race 4 on the Ballarat greys' program was nothing out of the ordinary. It was The Lion Quality Products Stakes over 650 metres for 4th and gth graders.

A strange chain of events started when a mug punter bet $100 with a corporate bookie on Sweet Keeping which was starting from box 3. Rather than carry the bet, the bookie decided to "invest" it on the tote with UNiTAB where the dog was paying a very attractive $9.80 for the win. But, rather than punch in $50 and then replace it with $100, the bookie found himself holding a ticket that said "$51000 for the Win on Dog Number 3".

You don't need to be told the punch line, but here it is anyway. The dog ran second ... that's right, second ... it didn't get the chocolates.

Prior to the bookie's foray into the race's betting UNiTAB was holding about $2000 in its win pool. When the dogs started the pool had swollen to a miraculous $53216. The winner of the race, Rocks Back, paid $44 on UNiTAB. The lucky few punters who dabbled on the winner are still smiling.

To put things into perspective, the winner paid $2.30 on the TAB in NSW and $2.80 in Victoria.

But, the story doesn't end there. IF, and that's a mighty big IF, Sweet Keeping had won the race winning punters on UNiTAB would have queued up and received their money back. Punters betting with the TAB in NSW stood to collect $3.80, while in Victoria they would have collected $6.

UNiTAB has a policy of paying only $1 (money back) when a runner is very heavily supported and is carrying most of the pool money.

That's not right! Punters stood to lose (and they did) but they didn't have any prospects of getting anything more than their money back if they had won.

There should be a law against this!

How's this for a suggestion?
When punters don't stand a chance of getting anything more than their money back if their selection should win, then they ought to have it refunded irrespective of whether it wins or runs stone-motherless-last.