Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Im in 457visa its in the contract that we get 40 hrs a week…

Im in 457visa its...

Im in 457visa its in the contract that we get 40 hrs a week and there are week that we didnt reach to 40hrs still we get paid for 40hrs while my employer didnt. Thanks

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

Yes i did

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes too many regarding our super and long service leave ive been working for almost 11yrs and i keep asking to use some of my long service leave and he ddint give it

Show More
Show Less
Ask Your Own Australia Law Question
Answered in 7 minutes by:
4/4/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,545
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today and ask various questions to narrow the issues in your post raised.

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
regarding my super i am a full time worker for nearly 11yrs and my super this time is 40k is this reasonable

do you have a copy of the contract ?

Ask Your Own Australia Law Question

can you upload so I may review.

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
Ok i have to find it i forget whre i put them

Where your employment contract states 40 hours per week, you are entitled to payment of 40 hours whether you work that week or not under the instruction of the employer.

Bottomline is the employer needs to pay you for 40 hours, plus the super payable for the period.

If the employer does not pay you, you can raise a claim under the Fair Work Act to seek that compensation payable.

You have a right to argue the same back to the employer as well.

Would you like to consider this option ?

You have a legal right to protect your interests in this important situation.

If you need any further information let me know and I will be pleased to assist.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and your important questions.

Have I answered your question today ?

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
I send you my contract i found it

I have reviewed and you are entitled to the full payment of 40 hours per week plus super.

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
what should i do for my super if i ask him he said he already paid it
Customer reply replied 4 months ago
when i call the super company they say that thats all they recieve from the emlpoyer

if it is not paid you can notify the ATO and they will investigate and make sure you get paid.

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,545
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
John Melis and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
Ok im sorting this one out because my visa nearly finish
Customer reply replied 4 months ago
I have one year letf

you can apply on the following link with ATO to claim your super due from emoloyer

https://www.ato.gov.au/individuals/super/in-detail/withdrawing-and-paying-tax/super-information-for-temporary-residents-departing-australia/?page=4

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask John Melis Your Own Question
John Melis
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,545
3,545 Satisfied Customers
Experience: Principal Lawyer at Legal AU Pty Ltd

John Melis is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

27,790 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,976 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,545 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
Im looking for legal advise. Lawyer. Im a full time employee
Where are you located ? I'm looking for help, I been used as a slave and I'm living the job next week...… read more
John Melis
John Melis
Lawyer
Diploma In Law
3,545 satisfied customers
My wife is working for a company recently purchased by a
My wife is working for a company recently purchased by a Victorian company, Since the take over, she has been absorbed in to a office position from PA for the original manager. She is still on salary,… read more
John Melis
John Melis
Lawyer
Diploma In Law
3,545 satisfied customers
I worked at a company from Dec 2006 until jan 2014, within
I worked at a company from Dec 2006 until jan 2014, within that company I worked for 3 different companies and now they decline to pay long service leave … read more
John Melis
John Melis
Lawyer
Diploma In Law
3,545 satisfied customers
Im a casual, Home and community service worker and have been
Hi there, Im a casual, Home and community service worker and have been for 7 years now. I find Im needing to go on a disability pension to have 2 knee replacements, Im currently still working but woul… read more
John Melis
John Melis
Lawyer
Diploma In Law
3,545 satisfied customers
Its just about my 187 visa, No, I dont have. Ive been
No, I dont have. Ive been granted 187 visa last March 2017. But I have been diagnosed with tennis elbow and have to do Ultrasound and Xray as well. 2 weeks ago I have a shot of cortisone to ease the pain. After 5 days Im back to my normal work and now I can still feel a little bit of pain. My question is, if I cant continue with my work due to medical reasons would it affect my 187 visa. Thanks … read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Ive just signed a new contract with a pay increase with the
hi ive just signed a new contract with a pay increase with the same company and they have started my tax again..this would now mean i will be give two group certificates is this legal? … read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
After 16 years with the same employer, 40 hours a week, he
after 16 years with the same employer, 40 hours a week, he says I'm only entitled to 12 weeks long service. He calls my employment permanent casual, saying the work is seasonal (minimum of 44 weeks pe… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Hope you can help me i need to know where i stand, as i
hi hope you can help me i need to know where i stand, as i met a guy 2005 October, after which i thought we were dating yet a year and a half later he tells me hes making a movie so of course this is … read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
Long story short. I was about to head to work night shift
Long story short. I was about to head to work for a night shift and due to flooding two days before on the 2rd of May (which left the ground near the driveway water logged and most of the gravel washe… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Hi Icame to Au in september 2007 on 457 visa. 2 years later
Hi Icame to Au in september 2007 on 457 visa. 2 years later I have became permanent resident and got new contract from 16 july 2009 to 16 july 2013.my employer didnt give me new contract to sign. Im w… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
I was employed as Secretary of the Local Cemetery Trust in
I was employed as Secretary of the Local Cemetery Trust in 1970 and received an annual salary of $50. Over the years things changed and for some time I have received $100 per week and although I have … read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
ABN number and a right for compensation due injury
Hi, I'm working with ABN number and I just invoice my company after every week. Before that I was a full time worker. Now I've injured my back muscle, possible a nerve by lifting heavy boxes, working … read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
currently going through a new collective agreement at work
currently going through a new collective agreement at work employers cannot give in detail what allowances we get paid for and what the breakdown of our pay is also we work 42 hrs per week yet our pay… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Hi my name is david I have been employed by my previous employer
Hi my name is david I have been employed by my previous employer whom just went into receivership and the administrators came in last week much to everyones surprise. I am a sole trader and have been … read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
what & how can i sue employers for what they have put me thru
what & how can i sue employers for what they have put me thru over ten years of sheer humiliation & frustration & mental & physical & most of all personal & financial hardship.… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I currently work 7 days on 7 days off roster, 7x12hr shifts
I currently work 7 days on 7 days off roster, 7x12hr shifts (84hrs) in the week on my pay slip states "standard hours: 80 paid fortnightly" ignoring penalty rates etc my question is... should the 9% s… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Hello, Have just started working for a new employer. I have
Hello, Have just started working for a new employer. I have satrted a 3 month contract as a locum pharmacist. In the initial agreement, my eployer stated the following: "I confirm that the remuneratio… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
im working as a casual gaming attendant since over 1yr at a
im working as a casual gaming attendant since over 1yr at a venue now i do between 32 to 40+ hrs a week and im 32 weeks pregnant. my boss in the gaming room has been bullying me by calling me fat sinc… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x