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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38450
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Iv been working as a house keeper for nearly 1 year from my

Customer Question

Iv been working as a house keeper for nearly 1 year from my first month of working I had requested a second set of uniform 1 skirt 1 shirt as I only had one and I was working 7 to 8 days a week.. my supervisor said she had nomore and was ordering more in soon and to be patient so I left it then acouple months later I asked her again as my skirt had bleach all over it and didnt look very professional she said she still hadnt got anyyhing in many times after that I requested a new set of uniform and she would constantly come up with excuses like theres noone ur size we have n o stock were waiting were getting new uniform and now theyve discontinued the uniform. My workplace has currently been under renovation for the past 5 to 6 months so weve relocated and ths uniform was differdnt in that time I had requested new uniform still hadnt got anything 2 weeks before going back to my newly renovated workplace I requested AGAIN a set of new uniform she said shed see what stock she has left she then FOUND 2 skirts but no shirts she gave me the skirts on the saturday night and we were starting work on the Monday ishe had given me 1 skirt that was falling off me abd was to big and a secons hand skirt that was pretty much worn out I explaindd to her I wasnt going to pay for alterations to a skirt that was already worn and that I even went out of my way ti go looking for a skirt though it was her responsibilities she started yelling at me and said to wear my old skirt that was falling off me and to wear a belt over it. I explained that our customers wouldnt be to happy with that as they have nailed her about getting all the workers in neat n tidy uniform . I explained to her I wasnt able to work until she supplied ne with the correct uniform to which she said so what alyour quitting to qhich I said no but I cant work with no uniform. Iv had problems with one of the workers that shes close with and ever since then shes taken away my shifts and swapped them around I feel like shes picking on me and I recently had an anxiety attack due to the build up at work and thw fact their also legally under paying me what do I do!?!
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Evening

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.

The agreement you are employed under what does it say about uniforms?

Customer: replied 1 year ago.

We havent signed any agreements. One worker who started the same time as me has 4 sets of uniform. After the argument infront of customers n other workers I started crying and shes pulled one worker aside and told them to keep an eye on me and what I do.

Expert:  Leon replied 1 year ago.
Good Evening

Are you paid under an award?

Customer: replied 1 year ago.

I really dont know they dont tell us anything if it helps I work at melbourne airport as a housekeeper in the airline lounges I work days nights weekends public holidays and I get paid the same regardless I did speak to wage line and they said i should be getting paid more on public holidays weekends n night shifts to compensate my normal wage

Expert:  Leon replied 1 year ago.
Good Evening

Do you get pay slips? Is there a union you are a member of?
Customer: replied 1 year ago.

Yea I do but theres no abn number only acn number which nothing came up on wagelines system

Expert:  Leon replied 1 year ago.
Good Evening

Ok

You can call Fair Work Australia and ask them to provide you with details of an award.

Here is the link for the awards

http://www.fairwork.gov.au/awards/Pages/default.aspx

You can see if you can find the award you are employed under.

It sets out your rights and responsibilities.

Do you know if there is a union? Are you a member?
Customer: replied 1 year ago.

Im not really sure what a union is

Expert:  Leon replied 1 year ago.
Call the Fair Work Ombudsman and see if they can tell you what award you should be paid under and then get back to me.


Customer: replied 1 year ago.

Its coming up as pre reform award

Expert:  Leon replied 1 year ago.
Good Evening

Can you give me its details I will have to get back to you in the morning

Customer: replied 1 year ago.

MA00009 award hospitality (general) industry

Expert:  Leon replied 1 year ago.
Good Morning,

Following link is the link to the award and provide you full particulars of your right and responsibility under that award.

http://www.fwc.gov.au/documents/modern_awards/pdf/MA000009.pdf

There is no requirement that says how many uniforms your employer must provide you with, but it does set out that when you receive the uniforms you must sign for them.

If they are not providing you with the right sizes then I would suggest that you file a complaint for mediation with Fair Work Australia to resolve the issue between you and your employer.

Under part 4 of the award on pages 17 to 29 it sets out all the wages and what you should be paid for the work that you do.

If you have any issues about being underpaid or incorrectly paid this will assist you.

If your employer intimidate you because you are going to lodge a complaint I would suggest that you have a legal representative write to them and confirm your rights.
I also understand that under the hospitality industry there is a union and you can contact the ACTU and they will provide you with the details of the union that represents you.

Their website is as follows:

http://www.worksite.actu.org.au/fact-sheets/unions---which-union-for-your-job.aspx

Is there any other thing I can assist you with?
Customer: replied 1 year ago.

Thank you so much!! She still hasnt given me uniform and now im unable to work any of my shifts this week. Is there anyway I can get reimbursed for my loss this week its nearly 800 dollars in wages due to no uniform. Im going to speak to the boss which I doubt he'll do anything I cant afford to be out of work

Expert:  Leon replied 1 year ago.
Good Afternoon,

They are in breach of the award and you have a right to complain about them the Fair Work Australia.

the complaint you lodge should be a you are unable to do your work as they have not provided you with the uniform.

You need to provide evidence of your requests and hopefully you have done this in writing if not provide dates and times and details of who you spoke to about this issue.

If you remember when you spoke to others about it you should give your boss a copy of the dates and details of who you spoke to.

Is there anything else I can assist you with?


Customer: replied 1 year ago.

I have it written in messages and brought it up on 4 seperate occasions

Expert:  Leon replied 1 year ago.
Good Afternoon

That is very good.

See your boss and if he does nothing then you can take it to Fair Work.

Is there anything else I can assist you with?
Customer: replied 1 year ago.

Thank you so much you've been really helpful. Thats all

Expert:  Leon replied 1 year ago.
Good Afternoon

Good Luck with it.

I am happy I could assist.

I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.

If I have assisted please do not forget to leave me with positive feedback.

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