Pay dispute, need help!

[Skooter]

Hi guys, My uncle and I are having a massive argument with the boss about money we think we are entitled too.
Basically the story goes like this, my Uncle and I both work for the same company, we were sent to do a job (as it is a very specific industry I wont be describing anything, or naming names) on a mines power station about 1500km from Perth. The job took 12 days and was very hard yakka, in the 45+ degree heat in the sun all day everyday. So the jobs going very badly as the product we were using is incredibly badly designed, so we need more time up there, and my uncle calls the boss to tell him that, he also asks what type of pay we are on up here and the boss says just the normal rate, but you'll be doing lots of hours....Now this seriously ****ed both of us off because we thought there would have to be some kind of away from home allowance or something similar. I could have been earning the same amount of money sweeping the workshop floor in Perth and going home every night. Accommodation and food were all provided by the client at a fly in fly out type village.

So my question is, are we entitled to any kind of extra money legally?
P.s we are both on standard contracts, NOT AWA's and the contracts crack no mention of penalty rates away from home.


Looking forward to your replies,

Michael.

[Oo_xrsx_oO]

By the sounds of it you aren't legally entitled to much if this isn't covered under a contract, whether this be standard an an AWA. You should have checked with the boss to try to sort something out in the way any extra entitlements he was prepared to pay before taking the job on - at least then you could have decided if you wanted to take it or not. Its not fair I know, especially since you toughed it out etc, but if your boss wants to play by the rules unfortunately you don't really have a leg to stand on if there is no prior agreement

[4Vman]

Are you a contractor or a full time salary employee??

[Geoff EL 4.0]

IMO i think you should get home away allowance and overtime when you work past your normal hours.

[MrEL]

You should be on overtime if working past your normal hours , but it depends on how your entitlements are setup.
All the years I worked away from home I got no extra money just accomodation and breakfast. One company when I was working in Melbourne for a month gave me all meals which I was stoked by.
Also working in 45 degree heat isnt legal but.

[Racecraft]

Originally Posted by 4Vman

Are you a contractor or a full time salary employee??

exactly

[Pinch]

It all depends on your employment arrangement. If you are usually employed under an award or enterprise agreement these things usually provide living away allowances and overtime - depends on which one though (especially enterprise or workplace level EBA's) - check your payslip for any details.

If you are not on an AWA, not on an award or eba then its highly likely that you are on a common law contract. These can be like awa's in that they 'cash out' conditions such as overtime and allowances. The main reason they are different is that they can make you no worse off than if you were paid under the award or eba. Awa's can just remove entitlement with no compensation provided they tell you. The common law contracts means though they can offer a higher normal pay rate and get rid of the other stuff.

To really determine what is happening and what you are entitled to you need to know either the award or eba you are under, or have a copy of your common law contract of employment - can be as simple as a single page saying this is what you get paid and this is what you get. Double check any pay advices for clues.

Check the site out below for more info. They also have a helpline.

If you are a member of a union definitely give them a call.
http://www.docep.wa.gov.au/lr/Labour...onditions.html

Different states have some different rules and I am NSW based so probably can't be more of a help, so I hope this is at least a start.

Pinch
Employment Lawyer

[Geez Louise]

Geez Louise...talk to someone in a Union or talk to a lawyer!!!

[schnoods]

Originally Posted by 4Vman

Are you a contractor or a full time salary employee??

Exactly.

But if you are full time you are entitled to

-site allowance
-living away from home allowance
-confined space allowance or ewp (if applicable)
-there should be stand down time (depending on work)
-plus pay for any site induction as well.

It all adds up.


If you do wanna play hard ball too and want an increase they should be able to negotiate if you are worth it.

On the off chance they don't budge they would find it very hard to send a few blokes north for the same money as you could get in the metro area.

Normal site (in my trade) is around 20-30 percent on top.

[schnoods]

1500km's sounds like Karratha/dampier too.