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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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Is my place of employment legaly allowed to not pay me penalty

Customer Question

Is my place of employment legaly allowed to not pay me penalty rates on public holidays? There is this claws in our contracts.
If so can they then chose to not employ me because I won't agree to this?
my base hourly rate is $27.60 which is fair as I have 16 years experance in the industry. How ever I still believe my self & fellow co workers should b entitled 2 penalty rates.
This is copied & pasted out of my contract.
9.1 You will be paid the base fortnightly rate of pay as outlined in Schedule 1 (which is exclusive of superannuation).
9.2 You will be entitled to any other applicable benefits that are set out in Schedule 1.
9.3 Your base fortnightly rate of pay (and any other applicable benefits that may apply) has been calculated to compensate you for:
(a) all ordinary hours;
(b) arrangements for when work is performed;
(c) penalty rates;
(d) allowances;
(e) leave loading; and
(f) all other obligations under this Agreement;
except for overtime in respect of any additional hours worked in excess of 76 hours per fortnight.
9.4 You will not be paid any additional penalty rates, allowances or loadings, unless expressly agreed with the Employer in advance, with the exception of overtime rates which you will be entitled to in accordance with the Award.
9.5 Your base fortnightly rate of pay (and any other applicable benefits that may apply) may be increased by the Employer from time to time, to meet legislative minimum requirements and/or at the Employer’s discretion. You are not automatically entitled to any increases in the Award rates of pay, and the Employer may absorb any such increase.
9.6 Where your base fortnightly rate of pay (and any other applicable benefits that may apply) exceeds your legislative entitlements, any above-component not otherwise allocated may be offset against any other applicable entitlements
You acknowledge that the remuneration and benefits provided under this Agreement are the full benefits payable to you in respect of the employment and are paid in full satisfaction of any obligations to make payments for overtime, allowances or other monetary benefits to you under any legislation, award or agreement, including any statutory minimum hourly rate. You agree that the Company may set off any amount paid to you under this Agreement against any entitlement you may otherwise have to receive any such benefits, whether of a different character or not.
Can you please help me with this issue because as far as I'm concerned why have laws if a place of employment can enter clawses like this & it be legal.
Submitted: 7 months ago.
Category: Australia Law
Expert:  kmslaw replied 7 months ago.
Hello my name is***** am a solicitor in NSW who will attend to your inquiry today. What kind of work do you do? The answer to this question really depends on whether there is an award that stands outside of your contract. If you let me know what kind of work you do I can look it up for you.
Expert:  kmslaw replied 6 months ago.
Hello, how did you go with this, Natalie? Do you want some more assistance? Please let me know. Kylie