Should Casual Employees Get Paid Overtime?

Hi guys.

When I started my job it was for a 38 hour week. But for a month or two I've been doing an extra hour a day.

Thanks.

Comments

  • 38 hour weeks are not casual jobs, you should be either full time or part -time (meaning you get sick leave, holidays etc.

    don't forget to write in the timesheets the exact times you work, also write it in a diary.

    check with your employment contract/terms also you can just Fair work australia (send them a tweet if you want) or even join a union and ask them.

    • Okay. I'm a casual worker, and I've been offered to move to part time, and receive those benefits, but it means my pay will decrease (per hour) plus I won't receive penalty rates. Is it worth moving to Part Time? I'm working roughly 30 or so hours per week.

      • Not really. I think it depends on your contract but casual will usually receive 1.2 x part time rate, which if you were to work 5 days a week as a casual then you pretty much have earned an extra full days pay per week compared to if you were part time. This is much more than what sick pay or annual leave would add up to.

        But if you are after job security casual is not good as you can stop receiving work without any reason. Also depending on your employer as a casual you might be taken off public holidays and not paid for it whereas the part timers would be paid. They are not allowed to do this but still do it.

      • +1

        Surely you'll still receive penalty rates, you'll just lose the casual loading (usually 20%)?

        I was in a similar situation working 15ish hours each week and went part-time. It's changed my life completely. I now have a set roster that suits me and my employer. I also get paid when I'm sick or when I just want a day off. On top of that, there's more room for growth as they're more likely to train up a part-time employee than they are a casual one.

      • how long will you get the 30 hours for. My wife was casual at Myer many years ago but around Christmas they moved them all to Part Time 30 hours for 2 months (saves them money)

        Part time, I think is better, they cannot just not give you hours like they can with a casual (sorry, you only have 4 hours this week).
        Less money per hour but you get sick leave and holiday pay etc.

        Does the agreement say No penalty rates?

        Whats the industry you work at? search for the full agreement here and see what it says. https://www.fwc.gov.au/awards-and-agreements/agreements/find…

        Also tweet the fair australia folk and ask, they are really good https://twitter.com/fairwork_gov_au

        a few more links to help http://www.fairwork.gov.au/pay , http://www.fairwork.gov.au/pay/penalty-rates-and-allowances
        note some agreement do mean no penalties, my son works at Hungry Jacks - worked easter and anzac day, no penalty rates. not fair but thats the agreement.

        • Re: Hungry Jacks - that is disgusting. They seem to have a long history of ripping off their employees:

          http://www.franchisebusiness.com.au/case-study/hungry-jacks-…

          http://www.emmawatt.com.au/blog/Emma_Watt_Workplace_Untangler/post/Hungry_Jack%E2%80%99s_fined_for_underpaying_almost_700_staff_over$665,000/

          There are so many of these, just google "hungry jacks public holiday rates"

          I thought agreements could not be lesser than the current minimum conditions? What. How did this happen. Easter Friday and Sunday are public holidays and should be paid as such. As was Anzac Day. I'm not sure this is right. I hate when employers rip off employees.

        • +1

          @woolfenstein:

          I agree completely but that's the agreement Hungry Jacks QLD. I read those problems ages ago.
          Not right morally though. No wonder they need new staff all the time, even day managers are leaving.

          It's his first job, he thinks $12 an hour is fantastic (I was hoping he would think crappy work for only $12, better study hard to get a good job).
          I told him put up with it until there's something better, its not your career.

          the tight arsed owner has even said they have to stop having a free coke every shift as it costs too much (cost 2cents) and they can only have water.

  • +1

    if you work over 38 hours as a casual, yes you get overtime

    • +5

      If your working 38 hrs @ casual rate you won't need to do overtime.💰💰💰💰

      • Eh? $640.90 (national minimum wage for 38 hour week) x 1.25 (25% casual loading) = $801.125 PRE-tax. No sick leave, no paid holidays, no guaranteed hours, no job security.

        $801.125 x 52 = $41 658/annum if you don't take a single day off in 52 weeks, and manage to keep your job and your hours.

        Maybe one bag of money is appropriate… but certainly not 4.

  • Is this a "on the books" job? or cash in hand?

    Is this a big company? or a small one?

    Have you read you award rate? what does your contract say?

  • +2

    it depends on the industry you're in and your employment contract
    i used to work 38 hours per week as a casual once upon a time and was paid at standard industry hourly wage + 25% to compensate for annual leave, sick leave, etc that i don't get a permanent full time. given as it was something short term whilst was studying (nights) i didn't care about work security however since I was good and got on well with my boss i was always allocated the best shifts. the only loadings I had were on weekends and i didn't get overtime if i worked outside of the 38 hours in a week (either time in lieu or paid at the standard casual rate). that was the hospitality industry in the mid 2000's so things may have changed.

  • Depends on your award. At my work casuals can only do 36 hours a week so any more than that would be paid as overtime.

    https://www.fwc.gov.au/awards-and-agreements/awards/find-awa…

  • When you say overtime do you mean paid for any extra hours you work or do you mean paid at a higher rate of pay for extra hours worked.

    If it is the first than yes you should be paid for any hours you work.

    For the second your rate depends on your award/agreement. You may not necessarily get paid a higher rate for overtime. It s actually possible to get paid less, ie there may be some loadings you don't get on overtime. Plus you don't get superannuation.

  • +2

    Simply: if you are employed as a "casual" worker you SHOULD BE PAID FOR EVERY MINUTE YOU WORK (I think it's generally accepted in increments of 15 minutes). If you work back an extra hour per day, this should be reflected in your time sheets and pay - you should be getting paid for 43 hours per week.

    As for "overtime" (ie. higher rates of pay), this link should help: http://www.fairwork.gov.au/employee-entitlements/hours-of-wo… - and don't be afraid to give them a call if you can't work it out for your industry.

    • exaclty Fair Work are great to deal with dont be scared contacting them.

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