SEXUAL HARASSMENT IN THE WORKPLACE
SDA union partners with human rights commission to tackle sexual harassment experienced by retail & fast food workers
Starting your first job is an exciting step in life, but it can also be a bit daunting. Young employees are particularly vulnerable as they often don’t know their entitlements or have the courage to stand up for themselves when needed. Being a member of the SDA means you can access information and receive expert advice on your rights at work. You also don’t have to go it alone; we are here to speak to employers on your behalf about anything from conflicts and hours, to wage increases and breaks.
As an SDA member you also receive a number of benefits and discounts throughout the year which can help when you are young and working shorter hours or saving. Benefits include discounted movie tickets, discounted dining, scholarships for textbook vouchers, discounted driving lessons and more (for a full list click here).
The SDA covers a wide range of retail, warehouse, fast-food and other similar industries. To check if your industry is covered by the SDA click here.
The first step is applying for jobs. You can search and apply for roles online, but it can be beneficial going into the workplace and handing your resume to the manager. If you are successful in getting a job it’s important to know what to ask your employer at the beginning to fully understand what you’re in for.
If the details of your role and conditions are not fully explained, you should seek clarification about a number of matters including:
The Enterprise Agreement or Award that you will be working under. You should proceed with caution if it is proposed that you will be working under some other arrangement.
Your contract of employment. How is your job described; a trainee, apprentice, casual, part-time or full-time employee?
What classification or grade will you commence on?
What will be your hourly rate of pay? If junior rates of pay apply, when will increases be due?
When and how do you get paid?
Any other matters you would like clarified.
Trainees and apprentices have special rules that apply to their employment contracts. These rules are provided to ensure employees receive structured training and attain recognised qualifications in their chosen industry or trade. Training may be partially outside of work.
If you are offered a traineeship, there must be a written training plan between your employer and the training organisation, registered with the State Training Authority, which manages your training program. Employers must also register apprentices with the Apprenticeship Board.
Trainees and apprentices are entitled to the conditions of employment set out by their relevant Enterprise Agreement or Award as well as overriding legislation.
Rates of pay, however, are generally a percentage of full rates of pay according to the completed level of education.
It is important to know that all the work you do must be paid.
It is unlawful to put a person on trial and then terminate them without pay. This applies even when it is described as ‘training’.
On the other hand, most new employees who start a job are on trial for a period of time called ‘probation’. The exact period of probation varies according to the employment contract or Enterprise Agreement, Award or legislation.
During probation, either the employee or employer can terminate the employment relationship without giving a period of notice. However, any work that has been done by the employee must be paid for.
After the probationary period, it is required that both employee and the employer give a specified period of notice to terminate the contract of employment.
Casual employees can be called into work on an hourly or shift basis so do not have to give the 'notice' that permanent employees do.
Enterprise Agreements and Awards detail how long your minimum engagements (shift lengths) must be when you’re called into work.
Full-time and part-time employees usually have a weekly average minimum number of hours that they are engaged for. Weekly hours are determined by agreement between the employee and their employer, but cannot be less than the minimum specified by their Award or Enterprise Agreement. Once contracted for a certain number of hours, they must get paid for at least this minimum each week/fortnight. Additional hours can be worked, but must be paid for at the appropriate rate.
Casual employees don’t usually have a weekly minimum, but work on an hourly or shift basis. However legally, shift minimums are typically three hours. This means you cannot be put on a roster for less than three hours and if you are sent home after two hours, you still must be paid for three (the only exception to this rule may be for training purposes).
Full-time and part-time employees are entitled to a roster. A roster sets out the regular starting and finishing times for the shift to be worked out each week across a two to four week cycle.
Most Enterprise Agreements and Awards require employers, when establishing or changing a roster, to have regard for the family responsibilities of the employee, and whether the employee can access safe transport home.
Some Enterprise Agreements and Awards also require employers to consider the employee’s study and sporting commitments.
There may be other matters which are important to you and which you want your employer to take into account when setting rosters. If this is the case, you should make it known to your employer at the time that you are hired.
Most Enterprise Agreements and Awards also specify:
The Enterprise Agreement or Award which applies to your work will contain specific provisions relating to rostering. Your employer is obliged to know what these entitlements are, and apply them correctly.
Many Enterprise Agreements and Awards contain provisions that allow employers to pay young employees at reduced rates. These rates are more commonly known as ‘junior rates of pay’ and usually apply to employees under 21 years of age. Although you are considered an adult at 18, junior rates can still apply. The SDA feels this is wrong, check out our 100% at 18+ campaign here for more info and to show your support.
Under these junior provisions, employees receive wage increases on each birthday until they reach the ‘adult rate of pay’ as defined by their Enterprise Agreement or Award. These age-based wage increases are paid in addition to other general wage rises received by all employees.
If your regularly rostered hours are replaced or reduced in favour of new, younger employees, solely on the basis that your rate of pay has increased following a birthday or because the new employee is paid at a lower rate of pay, you should speak up.
While it is not discriminatory to pay junior rates, it is still unlawful to treat employees differently on the basis of their age.
Enterprise Agreements and Awards contain specific provisions that require employees to have breaks. They detail the entitlements to meal breaks (lunch breaks), rest pauses (tea breaks) and crib breaks (mainly for those who work at night, on their own or on shifts where the store is closed). Our bodies need breaks so we can relax from the pressures and routines of what we are doing. This, in turn, helps our concentration on the job – which means we are less likely to make mistakes or have accidents.
Employers have the right to determine when a break is taken, subject to the conditions set down in the Enterprise Agreement or Award that applies. However, employers do not have the right to:
Deny employees their breaks because there are not enough staff,
Require an employee to work through their break,
Require an employee who has gone off on their break to come back to work before the break is finished, or
Reduce the length of an employee’s break to a period less than provided for in the Enterprise Agreement or Award.
Meal breaks (also known as lunch breaks) are typically unpaid breaks of 30, 45 or 60 minutes duration. Enterprise Agreements and Awards usually provide for a meal break and its duration, when a person has worked for at least five hours continuously.
Rest pauses (also known as tea breaks) are paid breaks which are normally 10 minutes (not including walking time). These breaks usually apply when a person works four hours, or more than four hours, depending on the Enterprise Agreement or Award.
Crib breaks are typically 20 minute paid breaks, taken when convenient.
Check your Enterprise Agreement or Award as to what breaks you are entitled to, on the shift you work. Contact the SDA office if you are unsure what breaks apply to you.
Breaks are not optional. You have an absolute right to receive and take them when they fall due.
Your employer is obliged to know what these entitlements are and apply them to all employees.
You must be paid for all the work you do.
This is your legal entitlement and the legal obligation of your employer to pay you for all the work done. You must be paid ordinary rates, ‘flex-up’ rates, or overtime, depending on the circumstance. Under no circumstances should you ever work without pay.
There are many examples of employees working and not being paid, or not being paid the correct overtime penalty rate. They include:
Taking work home, like paperwork
Working after the rostered ceasing time, say for 10 or 15 minutes where they have been asked to finish something before they go home and not getting paid, and
Coming in on a day off or while on leave and not getting paid
If any of these circumstances occur at the employer’s direction, the employee is entitled to be paid – at the correct rate.
Employees must be paid for all work done. This is not an option, this is a right.
Employers can’t avoid paying somebody by telling them ‘it was not authorised’. If you are directed, or expected, to complete a particular job or task and you do, you must be paid.
Your pay must include, where appropriate, penalty rates for working certain times and days, including public holidays, overtime and allowances. For more information see basic wage information.
Casual employees receive an additional loading on their rate of pay, (typically between 20 and 25 per cent) in lieu of a range of entitlements that permanent employees receive.
Enterprise Agreements and Awards contain specific provisions detailing when employees must be paid. It is usually weekly or fortnightly and on a specific day. Most employees are paid electronically directly into their bank account, but payment by cash or cheque is also permissible.
An employer may not make deductions for your pay without your written authorisation. The only exception is tax.
Employees must also receive a payslip after being paid, detailing the hours worked, the rate of pay, total earnings, tax deducted and other relevant information.
Under law, employers must contribute an amount to an eligible employee’s superannuation account. This is money invested for your retirement. You are eligible if you earn more than $450.00 in ordinary time earnings in any month. If you’re under 18 years of age, your employer is also obligated to pay super, if you work at least 30 hours a week. You may make your own contributions to your superannuation fund too if you wish.
Employment Contracts, Enterprise Agreements and Awards all contain detailed leave provisions. All employees should become familiar with them.
In some cases the leave is unpaid, while in other cases it is paid.
In most cases, casual employees are not entitled to paid leave because they receive a special loading included in their hourly rate.
While it is best practice to show an employee’s leave balances on their pay slip, it is not a requirement. However, employers must tell employees their leave balance, if they ask for it.
Unfortunately, bullying, harassment and workplace violence continue in a number of workplaces today.
All are completely unacceptable and must not be if ignored or tolerated. They are wrong because they attack and undermine the dignity of the person.
In all cases bullying, harassment and workplace violence must be taken up and properly addressed. As your Union we are happy to help with these matters, please contact our office.
It is very important that if problems or issues arise at the workplace, they are dealt with and properly sorted out. Experience shows that problems or issues rarely correct themselves automatically. Action must be taken to deal with and resolve problems or issues, and as your Union, we are here to help.
Problems can vary in nature – from disputes between employees to problems with pay, sexual harassment, rostering concerning performance issues – and everything in between.
Most Enterprise Agreements and Awards contain a Grievance Procedure or Disputes Procedure. Such procedures detail a systematic step-by-step process for dealing with and resolving problems or issues at the workplace. Most procedures give employees a right to representation and contain timelines that require matters to be raised to a higher level of authority if they are not resolved.
Two possible forms of resolution are conciliation, where the parties agree on an outcome, or arbitration, where matters are determined by a third party. The Fair Work Commission works to resolve disputes under the terms of an Award or Enterprise Agreement and also disputes arising under the general protection provisions of the Fair Work Act 2009.
Workplace counselling is done by employers to assist and educate employees regarding work-related matters. It is also sometimes undertaken to deal with work performance issues.
Employees should insist on having a witness of their choice present at any counselling session.
It is illegal to force, or try to force anyone to answer a question. An employee can choose which, if any, questions to answer.
An employee can adjourn a counselling at any time, if they feel the need to. Importantly, an employee cannot be required to go into or remain in an office, unless they are under arrest.
SDA union partners with human rights commission to tackle sexual harassment experienced by retail & fast food workers
Better the balance. Better the world.
"I became a store delegate to help people have a voice and to have a union presence in store" - Maryjane.