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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 have been in my current work position since 14 May 2015.

Customer Question

I have been in my current work position since 14 May 2015. Since starting as a Data Entry Clerk I feel the workload and accountability for the work completed has increased with no adjustment to my monthly salary has been made. My current contract states that my salary has been structured to include all factors associated with this appointment, including but not limited to hours of work and other allowances and conditions. This includes overtime, penalty rates, allowances, loadings and entitlements.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: I did want to send more information but mistakenly hit send. I work in NSW. Do you require further information regarding my work conditions?
JA: Has anything been filed or reported?
Customer: No. I am purely wanting more information. After I had this extra information I was then going to speak with my Manager.
JA: Anything else you want the lawyer to know before I connect you?
Customer: My normal work roster is a 5/5 rotating roster, working 12.5 hour shifts in the Mining Industry. Time in Lieu is received for extra shifts worked, no overtime paid. If you require further information I am happy to answer any questions.
Submitted: 8 months ago.
Category: Australia Law
Expert:  Leon replied 8 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 8 months ago.

Do you know if there is an award you work under and if there is are you paid at least what the award says?

Customer: replied 8 months ago.
I do not work under an award. I have signed a contract which states 'my based annualised salary is paid in satisfaction of any entitlements to remuneration you have under any industry award or other industrial instrument which may apply to your employment. This includes salary, overtime, penalty rates, allowances, loadings and any other entitlements to remuneration, including in relation to performance payments payable under the award or industrial instrument.' ' Your base annualised salary under this agreement is not a rate of pay for ordinary hours on which penalties or other entitlements under an industrial instrument may be calculated.' 'If your base annualised salary is greater than the high income threshold at the start of an employment year, then this contract takes effect as a guarantee (which you accept by entering into this contract) that your earnings will be at least the high income threshold for that employment year (pro-rated for the period of your employment during the year) and as a consequence, no Modern Award will apply to you in that year.'
Expert:  Leon replied 8 months ago.

Good Evening.

You may not work under an award, but if there is an award to covers you they have to pay you in accordance with that or better. You also have to be given the same conditions or better than the award.

It is not relevant what the agreement says.

They cannot pay you less than an award that would cover you.