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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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I am employed as a part time employer. i am roosted on to do

Customer Question

i am employed as a part time employer. i am roosted on to do 9 1/2 hour shifts. i may be sent home early but in part i do the full 9 1/2 hour shifts. it was brought to my attention that as a part-time employer under the fair work a part time employer must only be roosted on a maximum of 8 hours a day and anything after the 8 hours in meant to be paid as time and a half. i have never been paid this in the 2 1/2 years i have worked for the same company. Am i entitled to back pay in wages for shifts that i worked over 8 hours in the one day?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Do you know what award you are under?

If you do that would say what your OT rate is.

Then you can sue for the money you are owed.

It is 8 hours not including the lunch break so it is a total of 9 hours.

Customer: replied 1 year ago.
i am under the children service award 2010
Customer: replied 1 year ago.
it would be 9 hours shifts
Expert:  Leon replied 1 year ago.

Good Afternoon

What does the award say about overtime? What is the rate?

DO you have a detailed record of the shifts you did more than the 8 plus lunch?

Customer: replied 1 year ago.
in the award it states. 23.1- A part time employee is paid at overtime rates in the circumstances specified in clause 10.4
10.4- a part time employee who agrees to work in excess of their normal hours will be paid at ordinary time for up to eight hours provided that the additional time worked is during the ordinary hours of operation of early childhood service. no part time employee may work in excess of eight hours in any day with out the payment of overtime paid for at the rate prescribed in clause 23.
i don't have a recorded of the shifts that i worked 9 hours for as i was unaware that we were not allowed to work such long shifts untill recently
Expert:  Leon replied 1 year ago.

I cannot get your number says error

Customer: replied 1 year ago.
Expert:  Leon replied 1 year ago.

I cannot call without your payment going through sorry to say

Customer: replied 1 year ago.
it wont let me click on the call me button
Expert:  Leon replied 1 year ago.

I have tried the call button again and it is still saying that there is an error with the payment

Customer: replied 1 year ago.
I have just changed my payment method. Are you able to try again. Thankyou.
Expert:  Leon replied 1 year ago.

Keeps saying did not clear

This is what I keep getting

The customer’s payment didn’t clear. Wait and refresh the page to try again. You may want to alert the customer there’s an issue with their payment method.