Am I getting the right amount of pay?
You would think this is a simple question, but it’s not. There is no doubt that today’s workplace laws are complicated. So it is no wonder that employees have difficulty in trying to work out what their rate of pay should be in return for a days hard work.
To work out the minimum rate of you are entitled first requires you to work out whether or not you are covered by an award. An essential feature of an award is to prescribe the rate of pay for all employees covered by that particular award.
While trying to work out what particular award applies to you is difficult, we have set out below a simple process that is designed to give you some guidance. So:
- Step 1, review the award title to see if it might apply. For example, employees in the construction industry, might start by looking at the Building and Construction Onsite Award 2010, because, as the name suggests, it applies to that industry.
- Step 2, go to clause 4 of the Award (it’s the same clause for all Modern Awards) and look to see whether the award covers the industry in which your employer operates. If it does, then that award is likely to apply to you. If the award does not cover the industry in which your employer operates, then you’ll need to look at other awards to see if they might apply.
- Step 3, turn to the classification definitions (usually found at Appendix B), and read through the classifications to identify the classification that best fits the actual duties you do on a day-to-day basis.
- Step 4, check the rate of pay that relates to your classification of work in the body of the Award.
You must remember that the award sets out your minimum rate of pay. So if you are not being paid the amount that relates to your classification of work under the award, then you might be being underpaid.
If you have a contract of employment that also sets out a rate of pay, then the rate of pay stipulated in the contract must be equal to or more than the rate you are required to be paid as set by the award. If the contract states that your pay is less than the award rate, then again, you might not be being paid the right amount.
If the contract amount is more than the award rate, then for your ordinary hours of work, you’re probably going to be being paid the correct amount. However, if you work more than 38 hours per week (on a full time basis), or more than the agreed hours (if you are a part-time employee), then the rate of pay needs to adjust to take account of your entitlement to overtime and/or penalty rates.
If you have any questions contact one our experienced employment lawyers.
