Who is my employer?

The identity of your employer may seem obvious to you, but in some cases, another name, such as a trading name (which is different from the name of the employer) is used on letterhead or signs. Your employer’s correct name should be on documents such as your letter of appointment (if you have one), payslip or PAYG payment summary. Identifying your employer is important for the purpose of working out various employment-related matters, such as which workplace agreement applies to you or who is responsible if your wages have not been paid correctly.

Casual work, part-time work

Some workers with parental, family or carer responsibilities might prefer to work on a part-time or casual basis. If you are a casual or part-time employee, your terms and conditions of employment may be different from those for full-time employees. For example, most casual employees are entitled to be paid a casual loading. However, casual employees may not get benefits such as annual leave, paid personal/carers leave and compassionate leave, unless they make a special agreement with their employers. Part-time employees will usually get all the benefits that full-time employees get, but on a proportional basis.

For more information, speak to your union, go to Business Victoria, Workplace Authority or call the Workplace Infoline on 1300 363 264.

Wages

There are many different factors which may affect the amount you are entitled to be paid. In some cases your wages will be whatever you negotiated with your employer. However you should not be paid less than certain minimum standards. In certain cases the minimum is set out in the Australian Fair Pay and Classification Scales and in other cases it may be the Federal Minimum Wage. You may also be entitled to penalty rates for working extra hours or working outside normal hours. A casual employee may be entitled to a casual loading.

Where to look for your pay rate

An employer normally tells you what your rate of pay will be at your interview. Your rate of pay should also be set out in other documents, such as your letter of appointment (if you were given one) or your workplace agreement. If you have already started work your pay slip should contain that information as well as other useful information such as the date of payment, period of payment, gross and net (after tax) amounts, ordinary hourly rate (if applicable), deductions and superannuation contribution. It may be useful to check, before and after starting employment, that you are not being paid less than the minimum rates set by law.

Australian pay and classification scales

Your rate of pay, under your contract or workplace agreement, should not be less than the minimum rates set out in the Australian Pay and Classification Scales, for the work you do. These rates, which apply as a minimum to most employees, vary from time to time. To find out which pay rate is applicable to you, speak to your union, go to Workplace Authority or ring the Workplace Infoline on 1300 363 264.

Federal Minimum Wage

In some cases, employees are not covered by a rate of pay under the Australian Pay and Classification Scales. In such cases, the rate of pay should not be less than another minimum standard, known as the Federal Minimum Wage. For certain classes of employee, such as those with disabilities, there is a special Federal Minimum Wage. The Federal Minimum Wage changes from time to time. Check the most up to date rate by speaking to your union or going to Fair Pay Commission.

Higher rates of pay

You may also negotiate, by way of contract, for a higher rate of pay than rates under a workplace agreement or the minimum rates under the Australian Fair Pay and Classification Scales and Federal Minimum Wage. A workplace agreement or contract cannot undercut these standards.

Overtime and Penalty rates

You may be entitled to special additional payments for overtime (for working extra hours) or penalty rates (for working unusual hours or shifts). Penalty and overtime rates may be specified in awards or workplace agreement. For more information, speak to your union, go to Workplace Authority or ring the Workplace Infoline on 1300 363 264.

Casual Loading

It suits many workers with parental, family or carer responsibilities to work on a casual basis. While there are some benefits which casual workers do not get, casual workers are usually entitled to an extra payment called a  casual loading. For more information, speak to your union, go to Workplace Authority or call the Workplace Infoline on 1300 363 264.

Hours of Work

Hours of work are an important consideration for employees with parental, family or carer responsibilities. The general rule is that an employee does not have to work more than 38 hours a week. These weekly hours can be averaged over twelve months, by written agreement.  However, your employer might ask you to work ‘reasonable additional hours’. In order to decide what is ‘reasonable’ for this purpose,  a number of factors must be taken into account, such as:

• any risk to the employee's health and safety that might reasonably be expected to arise if the employee worked the additional hours
• the employee’s personal circumstances (including family responsibilities)
• the operational requirements of the workplace, or enterprise, in relation to which the employee is required or requested to work the additional hours
• any notice given by the employer of the requirement or request that the employee work the additional hours
• any notice given by the employee of the employee's intention to refuse to work the additional hours
• whether any of the additional hours are on a public holiday
• the employee's hours of work over the four weeks ending immediately before the employee is required or requested to work the additional hours

If you are asked to work additional hours and you have parental, family or carer responsibilities, which make it difficult for you to do so, that could be discriminatory. Go to the section on Discrimination to find out more about your rights.

You may be entitled to special additional payments for overtime (for working extra hours) or penalty rates (for working unusual hours or shifts). Penalty and overtime rates may be specified in awards or workplace agreement. For more information, speak to your union, go to Workplace Authority or ring the Workplace Infoline on 1300 363 264.

A workplace agreement or contract may provide for a more flexible entitlement in relation to your hours, but cannot undercut the minimum standard set out above.

While the general rule in relation to meal breaks is that you cannot be asked to work for more than five hours without a meal break of at least half an hour, this does not apply if there is an applicable award, workplace agreement or similar industrial instrument. These instruments generally provide for meal breaks, as well as for other breaks, such as rest breaks.

For more information, speak to your union, go to Workplace Authority or ring the Workplace Infoline on 1300 363 264.

Leave

There are various types of leave available to employees. Certain types of leave, such as Personal/Carers Leave and Parental Leave, can be especially important for employees with parental, family or carer responsibilities. This section covers those types of leave as well as other common types of leave, namely, Annual Leave, Long Service Leave and Compassionate Leave.

Annual Leave

Full-time employees are entitled to a minimum of four weeks paid leave for every 12 months of employment (or more, if they work certain types of continuous shift). Annual leave builds up as each four week period of employment is completed. Part-time employees are entitled to a proportionate amount of leave. A workplace agreement or contract may provide for a more generous entitlement to leave, but cannot undercut this standard. Casual employees are not entitled to annual leave, unless they negotiate for it.

In some cases, employees are entitled to annual leave loading. For information on whether you have such a right, speak to your union or go to Workplace Authority or call the Workplace Infoline on 1300 363 264.

Personal/Carers Leave

Personal/carers leave is very important for workers with parental, family or carer responsibilities. Personal/carers leave is a combination of sick leave and carer’s leave. Sick leave is taken when employees suffer a personal illness or injury. Carers leave is taken when employees provide care or support to a member of their immediate family or household, because of that member’s illness or injury, or an unexpected emergency affecting that member.

A full-time employee is entitled to a minimum of ten days paid personal/carers leave every twelve months. Part-time employees are entitled to a proportionate amount of leave. If an employee’s paid entitlement has been used up, a further two days unpaid carers' leave maybe taken. Casual employees are not entitled to paid personal/carers leave unless they negotiate for it but they are entitled to two days of unpaid carers leave per occasion.

There are various rules concerning how personal/carers leave may be taken. For example certain notice requirements apply and in some cases, a supporting medical certificate or statutory declaration may need to be provided to the employer.

Your contract or workplace agreement may provide for more generous personal/carers leave entitlements but it must not undercut the minimum standard set out above.

For more information, speak to your union, go to Workplace Authority or ring the Workplace Infoline on 1300 363 264.

Parental Leave and Adoption Leave

General Conditions

Parental leave is a collective term describing maternity leave, paternity leave and adoption leave.

The minimum standard is that employees, who have completed at least 12 months continuous service with an employer, are entitled to up to 52 weeks unpaid parental leave. Casual employees are entitled to unpaid parental leave only if they have been engaged by the same employer on a regular and systematic basis for a period of at least 12 months and would have a reasonable expectation of continuing engagement on that basis but for the birth or expected placement of an adopted child.

There are requirements concerning the giving of notice that leave is to be taken and the giving of information (such as a medical certificate) to an employer. There are also detailed requirements concerning the times of taking leave and the interaction of various forms of leave.

An employee who is adopting a child may, in addition to the 52 weeks of unpaid leave, be entitled to two days unpaid 'pre-adoption' leave to attend interviews and the like, for the purpose of obtaining approval to adopt.

A workplace agreement or contract may provide for a more generous entitlement to parental leave (including an entitlement to paid parental leave), but cannot undercut the standard set out above.

For more information, speak to your union, go to Workplace Authority or ring the Workplace Infoline on 1300 363 264.

Special Maternity Leave

Special maternity leave is available to a woman in the case of a pregnancy-related illness or a pregnancy which ends within 28 weeks of the expected birth, otherwise than by the birth of a living child. There are special requirements for obtaining such leave, involving matters such as making of the application for leave and provision of a medical certificate.

Transfer to a Safe Job

A pregnant employee, who is entitled to maternity leave and has complied with requirements concerning making an application for leave (including provision of a medical certificate), may ask to be transferred to a safe job if her current job is hazardous or otherwise potentially harmful to her because of her pregnancy. If there is no other safe job she may be asked to take paid leave which is additional to any other leave to which an employee is entitled.

Return to Work

Employees who take parental leave are entitled to return to the position they held immediately prior to taking the leave or to a promoted or transferred position to which they agreed during their leave. If the position no longer exists and the employee is qualified and able to return to work in another position the employee is entitled to return to that position or if there is more than one position the one nearest in status and remuneration.

Compassionate Leave

Compassionate leave is available to employees after the death of a member of their immediate family or household or to enable employees to spend time with a member of their immediate family or household who has a personal illness or injury that poses a serious threat to life. Employees are entitled to two days compassionate leave per occasion. Casual employees are not entitled to compassionate leave unless they negotiate for it.

There are various rule concerning how compassionate leave may be taken. For example, an employer is entitled to ask for reasonable evidence of the illness, injury or death.

Your contract or workplace agreement may provide for more generous compassionate  leave entitlements, but it must not undercut the minimum standard set out above.

For more information, speak to your union, go to Workplace Authority or ring the Workplace Infoline on 1300 363 264.

Long Service Leave

Most employees (including some long term casual employees) are entitled to long service leave under the Long Service Leave Act 1992 (Vic). Under the Act, employees are entitled to 13 weeks long service leave after 15 years of employment. A proportional amount of that period of leave can be taken after 10 years of employment. If your employment ends after seven or more years of employment, you are entitled to payment for a proportionate amount of leave. If you have more generous entitlement under an award or workplace agreement, the more generous entitlement will apply. However, if the entitlement under an award or workplace agreement is less generous than the Long Service Leave Act 1992 (Vic), the less generous entitlement may apply. You should therefore be very careful before entering into a workplace agreement which provides for an inferior entitlement to the Long Service Leave Act 1992 (Vic).

For more information, speak to your union or go to Industrial Relations Victoria.

Public Holidays

The general rule is that you are entitled to public holidays on certain specified days such as New Year’s Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Christmas Day and Boxing Day, as well as certain holidays recognised in Victoria. However, an employer can ask you to work on these days if there are reasonable grounds. In deciding what is reasonable a number of factors are taken into account, including an employee’s personal circumstances, such as family responsibilities. Employees with parental, family or carer responsibilities should bear this in mind if asked to work on a public holiday.

For more information, speak to your union, go to Workplace Authority or ring the Workplace Infoline on 1300 363 264. For a list of public holidays go to Business Victoria.