Employed as a sole contractor earning well below award, my rights and what i can do??
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Join Date: May 2008
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Employed as a sole contractor earning well below award, my rights and what i can do??
to all the wise pilots in the world of PPRuNe
i'm sure this issue may have been raised in the past but myself and a few others have been stuck with an employer that pays us well below the award with no penalities, I have recently read the Air Pilots Award 2010 and am aware what we are entitled to
his excuse is that we are employed as sole contractors and do not fall under the award
i feel extreamely ripped off, stuggle to pass week to week and thought the days of the poor pilot making less than the governments minimum wage were over
just so you know its $35/hr
working as little as less than 1hr per day on average 10hrs per week constantly on call for scenics and occasionally forced to fudge figures to fake a day off
the work is scenics, airwork and occasional charter.
BTW love the work just want to get paid accordingly
Unpressurised (under a bit of pressure)
i'm sure this issue may have been raised in the past but myself and a few others have been stuck with an employer that pays us well below the award with no penalities, I have recently read the Air Pilots Award 2010 and am aware what we are entitled to
his excuse is that we are employed as sole contractors and do not fall under the award
i feel extreamely ripped off, stuggle to pass week to week and thought the days of the poor pilot making less than the governments minimum wage were over
just so you know its $35/hr
working as little as less than 1hr per day on average 10hrs per week constantly on call for scenics and occasionally forced to fudge figures to fake a day off
the work is scenics, airwork and occasional charter.
BTW love the work just want to get paid accordingly
Unpressurised (under a bit of pressure)
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Well it sounds like you on a pretty sh*tty wicket. If I were you I'd be sending out your CV to as may CP's as you can. Keep your head down for the time being and when you get another job give your A-hole boss the bird as you walk out the door. Let's face it, you probably don't want someone like that as a reference in the future.
By the sounds your a 400 -500 hour pilot in your first job (correct me if I'm wrong) I'd be looking at the NT as there are a few entry level positions still available with companies who will pay you better than the chickenfeed your on now.
Good luck!
By the sounds your a 400 -500 hour pilot in your first job (correct me if I'm wrong) I'd be looking at the NT as there are a few entry level positions still available with companies who will pay you better than the chickenfeed your on now.
Good luck!
You are employed as a contractor so that your employer can get out of sick and holiday pay, workers comensation, superannuation etc etc. It's a scam that has gone on for years and continues to do so because pilots keep falling for it.
Working as a contractor is not an excuse to accept less. Your contract hourly rate should take into account the above entitlements.
If you have signed some sort of contractual arrangment you also might want to have a close look at your liability should you bend or break an aircraft owned by your client. Contractors usually do not enjoy the same protection as employees when it comes to damaging equpment they don't own.
Working as a contractor is not an excuse to accept less. Your contract hourly rate should take into account the above entitlements.
If you have signed some sort of contractual arrangment you also might want to have a close look at your liability should you bend or break an aircraft owned by your client. Contractors usually do not enjoy the same protection as employees when it comes to damaging equpment they don't own.
I feel for you - been in same situation and simply gave THAT one away.
Could not afford to stay there - even if I did love the work.
Gotta eat, and save enough to think about a family.....at the time.
I guess you are aware that if 80% of your income is from the one employer - you are no longer a 'contractor' - you are deemed by the ATO to be an employee - and as such, are entitled to employee conditions and have your tax deducted by your employer.....plus 'super' etc
I think the above is fairly correct - others may be able to 'fine tune'....
Good Luck
Could not afford to stay there - even if I did love the work.
Gotta eat, and save enough to think about a family.....at the time.
I guess you are aware that if 80% of your income is from the one employer - you are no longer a 'contractor' - you are deemed by the ATO to be an employee - and as such, are entitled to employee conditions and have your tax deducted by your employer.....plus 'super' etc
I think the above is fairly correct - others may be able to 'fine tune'....
Good Luck
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Hint that it is very easy to knock off a nose wheel and injure pax as you are tired from working long hours. 3 lost nose wheels and bulk strips would teach them a valuable lesson!
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Why the hell do people keep signing up for this and WTF keeps you there? You (or mummy and daddy?!) have spent tens of thousands of dollars getting you a professional qualification, and you agree to contract at less than the minimum wage because you don't have any experience other than basic training. Whats the go man?
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As beat ups are fun has said keep quiet and get another job. No doubt u have a few hrs under your belt so should have no problem getting another job if you try hard enough.
Last charter co I worked for Paid $50 an hr supplied a house and a fair bit of food to. Pocketed aroud 6 -700 a week over the wet. use your contacts and face book to help land that next job.
Last charter co I worked for Paid $50 an hr supplied a house and a fair bit of food to. Pocketed aroud 6 -700 a week over the wet. use your contacts and face book to help land that next job.
Three low time jobs are on the AFAP website at the moment, apply to them. In the mean time, if you work under these conditions, it is by your own free will. You have not been offered the award or promised anything more than you are getting so claiming backpay at a future date makes you as bad or worse as the employer, my opinion only and probably not shared by all.
Grow a pair and man up. If you don't like it, move on. Operators want experienced guys who won't bend machines, you want hours and money, surely you can come to a compromise. Ask your boss for a raise, outlining your strengths, if he thinks you are worth it, he'll pay you more, if not he'll let you go. I hate the thought that you can just pay your $70k, put six months in and go and earn big dollars. Doctors, lawyers, crane drivers, builders and LAME's have to put the hard yards in for (up to four) years before they see their returns. What makes some pilots think they are entitled to an equivalent wage within 2 years of being in the industry. Spoilt pr!cks comes to mind.
To all of you up there flying hard, learning lots (including realising how much you don't know) and enjoying it. Good work, you will look back on it as some of the most enjoyable times in your life and move forward before you know it.
To the whingers, it's a free economy. Your boss doesn't get contracts, own machines, pay insurance and employ staff to build a business by operating on an unfesable budget. If you want to make the big bucks, you have to work hard son.
Out.
To all of you up there flying hard, learning lots (including realising how much you don't know) and enjoying it. Good work, you will look back on it as some of the most enjoyable times in your life and move forward before you know it.
To the whingers, it's a free economy. Your boss doesn't get contracts, own machines, pay insurance and employ staff to build a business by operating on an unfesable budget. If you want to make the big bucks, you have to work hard son.
Out.
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unpressurised.
Without even knowing your circumstances, you are not a "contractor" and any "contract" you signed is invalid.
Rubbish!
You are either a casual employee or part time employee, subject to the Award terms and conditions.
And you're an idiot, personally liable for your breaches of CAO48 and do not deserve to hold a CPL!
Without even knowing your circumstances, you are not a "contractor" and any "contract" you signed is invalid.
"his excuse is that we are employed as sole contractors and do not fall under the award"
You are either a casual employee or part time employee, subject to the Award terms and conditions.
"and occasionally forced to fudge figures to fake a day off"
- Use the Search function - the subject has been covered numerous times before;
- Contact Fair Work Australia;
- Get a real job.
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Fair Work Australia
You need to do 3 things.
1) Keep PROOF of hours worked. If there is no documentary proof in the form of payslips (which employers are legally obliged to give you, by the way) then make your ownproof in the form of a work diary including start / finish times, dates, flights etc.
2) Leave.
3) Go to fair work australia. Even if you are a contractor, there are provisions in the award for casual employee rates. In any case if your employment is more in the nature of an actual employee rather than a contractor, FWA may determine that you should be entitled to (some) entitlements of an employee. Google search "Sham contracting". I dont know the details of your employment so this may or may not apply to you.
BTW if you are employed as casual you are supposed to be rostered for a minimum 2 hours flying per shift according to the award, IIRC (dont have it in front of me atm, so you'll need to check).
As for some of the previous comments about 'doing the hard yards' in various other walks of life.. this is absolutely irrelevant. Employers either pay the award or they packup and go to some other dodgy backwater. This is legal minimum entitlements we are talking about here, not some kind of generous wage. We ALL have a right to be rewarded at a minimium level for our work, such that we can at least afford to live.
1) Keep PROOF of hours worked. If there is no documentary proof in the form of payslips (which employers are legally obliged to give you, by the way) then make your ownproof in the form of a work diary including start / finish times, dates, flights etc.
2) Leave.
3) Go to fair work australia. Even if you are a contractor, there are provisions in the award for casual employee rates. In any case if your employment is more in the nature of an actual employee rather than a contractor, FWA may determine that you should be entitled to (some) entitlements of an employee. Google search "Sham contracting". I dont know the details of your employment so this may or may not apply to you.
BTW if you are employed as casual you are supposed to be rostered for a minimum 2 hours flying per shift according to the award, IIRC (dont have it in front of me atm, so you'll need to check).
As for some of the previous comments about 'doing the hard yards' in various other walks of life.. this is absolutely irrelevant. Employers either pay the award or they packup and go to some other dodgy backwater. This is legal minimum entitlements we are talking about here, not some kind of generous wage. We ALL have a right to be rewarded at a minimium level for our work, such that we can at least afford to live.
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Unpressurised,
If your employer is dictating wages & schedules etc then by the ATO's definition, you are not a contractor. You are an employee & are entitled to (amongst other things) Superannuation.
Call the ATO. Their pet hate is employers who pull the contract/no super thing & this bloke will be up for a lot of back pay & fines.
I only know through bitter experience. Fair Work Australia explained to me that as a GA pilot I must be getting paid several hundred thousand per year & so not a priority for them.
AFAP explained to me that, although I'd been a member for several years."We believe that it is not in our (AFAP's) best interest to pursue the matter". ugh:
If your employer is dictating wages & schedules etc then by the ATO's definition, you are not a contractor. You are an employee & are entitled to (amongst other things) Superannuation.
Call the ATO. Their pet hate is employers who pull the contract/no super thing & this bloke will be up for a lot of back pay & fines.
I only know through bitter experience. Fair Work Australia explained to me that as a GA pilot I must be getting paid several hundred thousand per year & so not a priority for them.
AFAP explained to me that, although I'd been a member for several years."We believe that it is not in our (AFAP's) best interest to pursue the matter". ugh:
AFAP explained to me that, although I'd been a member for several years."We believe that it is not in our (AFAP's) best interest to pursue the matter". ugh:
They said the same thing to me.. and I am still getting Emails from Lenny asking why I haven't paid my dues
Moderator
"Fair Work Australia explained to me that as a GA pilot I must be getting paid several hundred thousand per year & so not a priority for them."
Western Australia has certain exemptions to Fair Work legislation, however you should contact:
Western Australia:
Floor 12, 111 St Georges Tce, Perth, 6000
GPO Box X2206, Perth, 6001
Telephone: (08) 9464 5172
Facsimile: (08) 9464 5171
Out of hours emergency: 0448 275 936
Email: [email protected]
By not acting you are not only disadvantaging yourself, but also future low hour pilots who obtain similar unlawful employment.
Employees
- Perform work, under the direction and control of their employer, on an ongoing basis.
- Generally work standard or set hours.
- Bear no financial risk (this is the responsibility of their employer).
- Are entitled to have superannuation contributions paid into a nominated superannuation fund by their employer.
- Have income tax deducted by their employer.
- Are paid regularly (eg. weekly / fortnightly / monthly).
- Are generally entitled to get paid leave (eg. annual leave, personal / carer's leave, long-service leave) if they are a permanent employee.
Independent contractors
- Decide how to carry out the work and what expertise is needed to do so.
- Provide their own tools of trade.
- Bear the risk for making a profit or loss on each job.
- Pay their own superannuation and tax, including GST.
- Generally have their own insurance.
- Are contracted to work for a set period of time (for example, 2 months), or to do a set task.
- Decide what hours to work to complete the job.
- Generally submit an invoice for work completed or are paid at the end of the contract or project.
- Do not get paid leave.
Fair Work Inspectors may take an employer to court if they find the employer is involved in sham contracting.
The courts may order the employer to pay a penalty of up to $33,000 per contravention.
This means, if the employer is involved in more than 1 sham contracting arrangement, they may have to pay a penalty for each arrangement.
Whilst it is yet to be tested by the Courts, I am of the view that any pilot operating under the auspices of an AOC and direct supervision of a Chief Pilot can not be a contractor. The only "contract" flying situation I can think of would be a contract to ferry an aircraft from one point to another. (I.E. International or domestic ferry flights, non commercial with no revenue generating payload.)
You must have known about the wage before you started...so why did you agree to it?
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thanks heaps for all your help guys i realise i was stupid enough to enter this job
and yes i should have sorted this b4
i will look into it and a nice back pay would come in handy
not too keen of leaving but things dont change i will have no choice ill keep you posted next week and hopefully thanks to all your help there will be one less operator treating us like crap.
cheers
and yes i should have sorted this b4
i will look into it and a nice back pay would come in handy
not too keen of leaving but things dont change i will have no choice ill keep you posted next week and hopefully thanks to all your help there will be one less operator treating us like crap.
cheers
"Contractors generally have their own insurance."
That's one part of it you should be very concerned about, not just the low pay. If you kill or injure someone, or yourself, or break an aircraft, who's paying?
If you're a 'contractor' and don't have appropriate insurance, you could be in trouble. Get some professional advice.
That's one part of it you should be very concerned about, not just the low pay. If you kill or injure someone, or yourself, or break an aircraft, who's paying?
If you're a 'contractor' and don't have appropriate insurance, you could be in trouble. Get some professional advice.