I work as the manager of the serviced apartments in a retirement village. I am on duty from 8am Monday through till 8am Saturday. My base salary is $47,805, my salary is grossed up to allow for a rental allowance of $14,560 which I pay tax on. So I am taxed on $62,365 not $47,805. I asked a lawyer (friend) about this, she said I don't really handle work contracts, do you mind if I pass it on to a colleague. I said, go right ahead. They have now come back to me saying I am probably stuck with the tax because in my contract the company has called it an allowance, (this has been confirmed by ATO) however they also pointed out that under the aged care award 2010 I am entitled to benefits which I don't receive. I responed that I didn't think so, because I am on a contract. They have said that unless the contract specifically eliminates those benefits (which it doesn't, because the contract was drawn up in November 2009) then I am entitled to them. For example the award states that while I am on call over night the company will provide accomodation free of charge, and that an overnight is to be paid at 5.2% of the standard rate per hour. Last week I rang Work Fair to determine the validity of this, they said that because of the seniority of the position, I am not eligable for the entitlements decreed in the award. Their further advice was to seek private legal advice. I am reluctant to go ahead with this until I can determine my eligability, can you please advise me?Josephine
I have had a look at the award and cannot seem to find any clause in it limiting it on the basis of seniority. As such I am inclined to agree with the advice the solicitor gave you, that the award is in fact applicable.If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.
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