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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43918
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I ;t know whether I am in the correct area to find out

Customer Question

I don;t know whether I am in the correct area to find out general information about a problem which we are having at work.
We are employed by a Not-For-Profit organisation which relies on government grants for it's funding. The State branch is contracted to deliver at service to vulnerable citizens on five days per week. We are employed as permanent casual employees which includes penalty rates when we work on public holidays. On Tuesday last week our CEO sent an email saying that our service would not be paid penalty rates for public holidays as of this Thursday (a public holiday) and our clients would be having to receive a double service on the Thursday rather than the normal service.
There has been no prior consultation or communication from the CEO regarding this. We work in close association with the company which provides the product which we deliver and they also have had no prior consultation or communication. Being as we are all casual workers this is very inconvenient for all concerned. This puts enormous pressure on our supplier organisation as they don't have the facilities to deal with say 5 days worth of product at Christmas and Easter and it also affects their small incomes.
Do we have any rights at all in this matter?
No doubt the CEO and his office staff will all being getting paid their usual public holiday rates!
If I am in the wrong area could you please advise me as to where I should be addressing my enquiries.
Lynne
0407 507 148
Submitted: 7 months ago.
Category: Australia Law
Expert:  Patrick H. replied 7 months ago.

Do you know what award you are covered by?

Customer: replied 7 months ago.
Social Community, Home Care & Disability 2/1 -award classification.
Expert:  Leon replied 7 months ago.

Good Evening.

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 I am very limited on what I can tell you and that you may have to get more detailed advice.

The following link covers the industry and sets out the awards.

Spending on what state you are in you will see the award and pay rates. Unless the award says you are not entitled to overtime etc they cannot change and pay you less than the award.

https://www.fairwork.gov.au/pay/minimum-wages/social-and-community-services-industry-pay-rates

I would suggest that you contact fair work and lodge a complaint against the employer.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon