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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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If I am under an enterprise agreement and my pay rate is

Customer Question

If I am under an enterprise agreement and my pay rate is decreased yet my workload has been substantially increased do I hv much choice?
Furthermore if I can prove that my work will let me go based on the fact that I have asked questions related to my responsibilities and pay etc can I do anything?
Just wanted to know how the law sees an intl student working under an enterprise agreement
Submitted: 1 year ago.
Category: Australia Law
Expert:  Brisbane.Lawyer replied 1 year ago.

Hi,

What is the name of your enterprise agreement?

Does it specify your minimum pay rate?

Are you being paid less that your minimum pay rate?

You say your workload has increased.. I assume this means your number of hours worked has also increased. You will need to read

your enterprise agreement to determine what rights you have, depending on how the extra time is categorised - for example, overtime and

penalty rates might apply.

I await your responses, before proceeding further, kind regards, James

Expert:  Brisbane.Lawyer replied 1 year ago.

Lastly, Yes.. if you can prove it, you will most likely have rights to make a General Protections Claim, if your employer takes adverse action against you for attempting to understand or enforce your workplace rights.

All employees have protected rights at work. These protected rights include:

Employees can’t be treated differently or worse because they possess or have exercised a right, or for a discriminatory reason. Employees are protected from:

What rights are protected?

Workplace rights

A person has a workplace right if they:

  • have a benefit, role or responsibility under a workplace law, instrument (eg. an award or registered agreement) or an order made by an industrial body (eg. the Fair Work Commission)
  • can start or take part in a process or proceeding under a workplace law or instrument
  • can make a complaint or inquiry about their employment to a body
  • are an employee and can make a complaint or inquiry about their employment. eg. an employee making an enquiry about their pay to their employer.

For more info:

https://www.fairwork.gov.au/employee-entitlements/protections-at-work