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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5357
Experience:  Dip Law LPAB - Sydney based lawyer
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I work in the northern territory and am having a few

Customer Question

Hi I work in the northern territory and am having a few problems at work. I have been in my job for 7 months and have not received any superannuation payments. Also, I drive to yard every day and pick up the van and work mate and drive to work for half an hour. we start getting paid from when we get to work and not the yard?
My boss wants me to sign a written warning this afternoon as I had a day off 2 weeks ago on a fri due to dehydration. He says because I didn't ring him personally is the reason. On my contract which I never signed and someone kindly did on my behalf, It clearly states "plumber reports to administrative officer" which I did. I am on a visa and feel like im stuck with nothing I can do?
Also I was made to do a trial period (6 months)! and apparently aren't entitled to sick days or holidays until this period is over. After the trial I was promised to get overtime etc but this hasn't happened. please help!!!!
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.

When you say someone else "kindly" signed on your behalf are you being sarcastic or did you ask someone to sign on your behalf for some reason?

Customer: replied 1 year ago.
I knew nothing of the contract until last week when my boss referenced it. I then emailed my visa agent asking if she had received one. It was at this point I realised this had been done. My residency is currently going through
Customer: replied 1 year ago.
I don't want to rock the boat. My boss knows this and is more and more unreasonable by the day. Stating yesterday I need to ring him every day when I finish. I asked how long this had been a policy and was told always. My next question was how come your telling me now? This is just an example and is the tip of the iceberg.
Expert:  Patrick H. replied 1 year ago.

Hello again,

My strong recommendation is that you seek alternate employment which complies with the requirements of your visa. Whilst it appears that your employer is flouting employment laws in a number of ways, if you find yourself out of work it may still create visa issues for you and it is no defence to complying with your visa requirements that your employer has forced you to either resign your job or fired you.

Once you have found a new job, or before if you are not concerned about the above, you could consider bringing legal proceedings before the Fair Work Commission for any issues arising out of not being paid for certain work, including vehicle collection, and you can refer your concerns about the non payment of superannuation to the Australian Tax Office which should deal with such issues.

As to the employment contract if it was 'approved' by your agent then it may well be valid (provided it complies with other employment laws and particularly your award -whatever that may be). I suggest you get a copy of your contract, and find out your award, either by asking your employer, or if that seems imprudent, contacting the Fair Work Ombudsman. The Fair Work Ombudsman can assist you in finding out the award applicable to you and addressing other concerns you have regarding your employment situation, and they have considerable useful information on their website.

Links to the above agencies can be found here:

https://www.fwc.gov.au/

https://www.ato.gov.au/individuals/super/in-detail/growing/unpaid-super/

https://www.fairwork.gov.au/

I trust the above assists.

Please rate my answer.

Patrick