EVERY Labour-Hire Company Is Dishonest. Discuss

So, it's happened again…

You reply to a job on Seek or Gumtree and everything looks legit. They ask for your TFN and even your Super details and things are looking bright.

It's only a week of casual labouring work but there's a Sunday in there and some of the days are pushing over 10 hours long.

Wednesday comes around and things are looking up. Rent is due but come Thursday you'll have Money in the Bank (ala WWE Smackdown Vs Raw 2007). Just after 5 pm you receive your payslip (as the accounting department goes home) and things look awry.

"Hmm, no Sunday or overtime."

"They've mashed all my work days in, which would include Sunday, but only counted 36 hours? How's that possible if I worked 5 x 10-hour-plus days with only half hour breaks and at best a single rest break!"

This happened the last 24 times with every other labour hire agency but I thought this time would be different.

I'd name and shame all the companies I've worked for but the list will be long.

Has anyone bothered with the FWO Record My Hours app? https://www.fairwork.gov.au/how-we-will-help/how-we-help-you…

Am I just unlucky or does everyone else simply not check their payslips or know most sh!tkicker jobs are legally covered under Awards? Backpackers make the perfect victims…

Comments

  • +1

    Sorry to hear that mate. It's f**king appalling.

    Do you think the labor hire companies are pocking the difference? ie billing the client for the full amount and short changing you on your pay or do you think the end clients are squeezing the labor hire companies (and in-turn you)?

    Have you tried contacting any media organizations? I'm sure someone would love to do an expose on this stuff. Sounds like the same boat at seven eleven/pizza hut underpaying their workers.

    • That's an interesting point I forgot to mention. At first I thought it was just the client under-reporting hours. The fact that major clients often don't need to sign personalised timesheets (for some reason) is a real frustration.

      But then I noticed overtime and Sunday rates were almost never paid right the first time (until apparently I complained). And you'd think the accountanting department would have all this automated such that a mistake is impossible? I did theorise that the labour hire companies either forgot to mention overtime to the client in the contract (sounds unlikely for a business's sole purpose) or they charged a fixed rate overall but I don't know the variations in the industry. The client of a very dodgy labour hire company (evasive and sneaky) couldn't tell me their arrangements (before it eventually settled).

      I should point out that even working directly for clients had similar outcomes. Especially when hired locally for a company based interstate.

      • The client of a very dodgy labour hire company (evasive and sneaky) couldn't tell me their arrangements (before it eventually settled).

        Sounds like the client is squeezing the labor hire company. The labor hire company is probably just there to create a layer of separation between you and the client. I bet you they'll just shut up shop if you create too much noise and re-open under another banner the following week.

        • It's not that complicated.

          The client pays the hire company a flat amount per hour, this makes their HR, budgeting & accounting very simple.

          They pay the hire company say $30 per hour per person. They don't care about overtime, Sundays, lunch breaks, super, none of it.

          Hire company takes their cut of the $30/h; 33% is common so they take $10 and give @OP $20.

          Note the problem.

          The hire company is not going to give @OP $40 for overtime when they're only getting paid $30, so they don't.

          The next stage is the hire company employs you as a contractor, good luck getting overtime then.

    • I was thinking of going to the media but then they speak to the FWO and the conclusion in past articles is always the same: "Don't name and shame since it may slow resolution. Speak to your employer directly and then ask the FWO to assist if you can't resolve it".

      Among other things, I'm thinking of starting an educational campaign for backpackers so that they all know about Awards and penalty rates.

  • +3

    what's your contract say? did you report your hours properly?

    Surely 24 times would be enough to research the legal implications and force the issue.

    How many times do you stub your toe before fixing the issue?

    • +2

      I mentioned some points above.

      In run-of-the-mill labour hire we always get hourly rates (so day rates etc aren't an issue I've encountered). Regarding penalty rates it's actually a legal requirement to at least meet the Award conditions (according to years of conversation with the FWO).

      I should point out that I've always been right. And the wrong hours never went in my favour.

      I can also say I've forced some changes at pretty large companies but maybe that all changes once I leave.

      The point of my post is it seems ubiquitous.

  • +3

    maybe the 25th time will work out OK.

  • +3

    You lost me at Gumtree! What do they say about doing the same thing and expecting a different result?

    • +1

      It's not just small companies I'm talking about. That's the point. All of them stuff me around. Adecco is a pretty large company, for example.

  • +1

    Get a trade, get some options. I assume you haven’t confronted them because you are scared you won’t get called back?

    • +1

      As a person with indoor qualifications I actually like the opportunity to do some physical labour in the outdoors. The issue seems to be so pervasive in the casual industry such that even a qualified tradesperson would get screwed over (I assume you were referring to an independent business or a full/part time role?). But perhaps they'll be taken more seriously?

      So far I've always confronted them. But I've always been professional about it (maybe a little condescending in emails, but professional). I do fear I won't get called back but more so with the smaller companies. Big companies generally apologise and admit their mistakes. I assume small companies are run by the kids who spent their days in the vice-principal's office for bad behaviour. In those cases I think "Good riddance to bad rubbish". If I didn't want anonymity I'd publish the emails where I ripped them one.

      • (I assume you were referring to an independent business or a full/part time role?). But perhaps they'll be taken more seriously?

        Tradies get screwed over by developers/big companies all the time … late payment … partial payment … shutting up shop … and there's no insurance for this either.

  • On a positive there is change occuring in the labour hire industry right now. State governments have or are passing laws that focus on issues within the labour hire industry.

    It might be a business model that the companies simply don't pay for all hours. Not everyone will check things as they should and won't say anything. Easy way for a company to help their bottom line. Kinda like an insurance company always declining a claim the first time.

    • +1

      State governments have or are passing laws that focus on issues within the labour hire industry.

      Mate, I'm more skeptical than you. State governments are basically run by property developers (at least is NSW and VIC). The government wouldn't want to do anything to harm them … stronger labor laws are generally bad for business.

  • +1

    You need to start a union!

    • Thanks for all your replies.

      You got me thinking.

      Maybe casual jobs will have real-time escrow systems in the future where the parameters of the Award and contract are required and must be digitally signed by both parties. That is, you can't hire someone unless you can prove you have the money up front for the maximum hours anticipated.

      FWO's own app already uses geolocation so I think it's the direction of the industry.

      • Maybe casual jobs will have real-time escrow systems in the future where the parameters of the Award and contract are required and must be digitally signed by both parties. That is, you can't hire someone unless you can prove you have the money up front for the maximum hours anticipated.

        Unfortunately casual labor is heavily skewed in favour of the employer. They have all the power. I doubt you can convince them to use an escrow system that will erode that power.

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