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forgetabowdit
16th Dec 2005, 15:23
Can anyone assist?

I wear the company uniform, I work the company roster, I am 'entitled' to an amount of leave each year, yet it is unpaid, I get an amount of cash deposited into my account each regular pay period; yet I am told I am a sub-contractor.

It is a messy situation coz I am unsure of the legalities of my arrangement regarding tax, super, public indemnity insurance, unfair dismissal and the rest...

As far as I am aware, from what I have read, due to the fact I wear a uniform and am not employed to fulfil a specific contract, I am, and should be recognised as either full time or casual.

Which gov department can I address this to for something to be done? Too many people in the past have just accepted this as what had to be accepted to get to the next rung in the ladder, but I’ve had a gut-full... Its wrong, unprofessional and disrespectful of my role in the company considering the hard effort and hours that we put in as 'sub-contactor' instructors...

If that’s the case, I don’t see why legally we cant a) work for any number of companies as we choose and set our own remuneration rate (yeh right!) and b) state when our 'company' is available to work and when it is not and have leave when we wish - we are required to be available all the time...

How can I address this? Also, never really knew what is in it for the employer...?

Any advice?

Forgetabowdit

Arm out the window
16th Dec 2005, 20:37
Don't know the full details of who to contact, hopefully someone else can help out with the Govt. department to talk to; also, this is just my thoughts on the subject, but hope it helps in some way.

The reality of your situation sounds like you're actually working as a full time employee, and should therefore be entitled to all the things that employers are supposed to provide for their staff, like super, paid leave, sick leave, and the rest of it.
If you were a casual, you wouldn't be working on the roster, and should be able to say when you are and are not available to work.
If you were a contractor, you should have an ABN and provide your own personal and public liability insurance, and have a specific contract as to what service you will provide, and so would need to be paid appropriately to cover your extra costs as opposed to an employee.

OpsNormal
16th Dec 2005, 21:14
The ATO will be more than helpful should you put forward your case as to how your situation should be classified.

However, in so far as getting what you are entitled to, well that really depends on if your employer is bound by the award or what State of Territory you are working from/in.

OpsN.;)

Dehavillanddriver
17th Dec 2005, 01:13
As ops normal said it depends on the award coverage are you a pilot or ground staff?

It might all be academic though with these new industrial relations laws...

scrambler
17th Dec 2005, 03:40
One option could be to try the Pilots Federation.

http://www.afap.org.au/

It would be interesting to see the rates they are paying if you are a contractor? One would expect to have a contract in writing. otherwise I would be suggesting you are an employee.

Are they taking tax out of your wage or expecting you to pay that?

If you are a contractor, you may be liable for you own workers comp, super, leave and PAYE tax deductions etc.

Your rate should be AT LEAST 1.5 times the rate you would be paid under the award to cover the extras, I would suggest even up to twice the rate. If you are deemed to be a contractor, is this w@nker paying you a minimum of $45,000 PA to cover your wage and all these extras (SE JOB?).

Perhaps writing a letter to your boss clarifying your work arrangements would be step one and take things from there.

And people ask why I decided to leave this industry.????????

Mongrel Dog
17th Dec 2005, 04:58
Try
www.wagenet.gov.au
Should be able to find the info you're after there
Cheers