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My employer says I can't join the union, is that true? Do I have to tell my employer
if I join?
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No. Every Australian worker — including if you are a casual worker — has the right
to join a union. Your right to join a union — or not to join — is protected under
the Freedom of Association provision of the Workplace
Relations Act. Your membership is between you and your union. You are
under no obligation to disclose this to anyone, including your employer.
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I'm casual, what rights do I have?
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The rights of casual employees are limited, but casuals do have many of the same
rights as permanent workers, including a right to be a union member. Casuals have
a higher pay rate to compensate for the lack of paid holiday or sick leave and casuals
must also receive superannuation and may be entitled to long service leave. Unions
continually campaign to improve casual workers' rights especially as more and more
workers are finding they are only being offered jobs as casuals. If you are a casual
an employer is not required to offer you regular work or to pay you when they have
no work for you. However the employer is obliged to provide you with some minimum
notice on the availability of work and also minimum periods of work, in line with
what the individual awards or agreements specify. Ask your union or the Unions
Australia Helpline for more information
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Can apprentices join the union?
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Yes. Many unions have significantly reduced fees for apprentices as well as offering
specialised advice and assistance. Employers have a range of obligations when employing
apprentices and your union can discuss these with you.
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What is my employer's responsibility in relation to occupational health and safety?
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Employers have a legal and moral responsibility to provide safe workplaces, to document
steps they have taken to do this and to notify employers of their rights. Employers
who fail to meet their OH&S responsibilities can face penalties if a worker is injured,
becomes sick or dies because of work.
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I was hurt at work. What should I do?
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If you have been hurt at work, you must inform your manager and insist on documentation
of the incident. Your health and safety representative (if you have one), must also
be notified. If you believe you are at risk of injury or illness, contact your union
and local workers' compensation authority or ask the Unions Australia Helpline
if you have any concerns.
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People are being bullied at my workplace but no one is getting physically injured.
Is this a health and safety issue?
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Yes! Anything that makes your workplace unsafe is a health and safety issue. People
can be injured at work in less obvious ways than falling over or injuring themselves
and bullying can definitely make people feel stressed and unwell. Ask your union
or the Unions Australia Helpline for help on bullying in your workplace.
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My employer says I have to tie my hair up and can't wear a nose ring at work. Is
she allowed to that?
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It depends on the nature of your job and in the industry you work in. If you have
a job where the presence of body piercing could endanger your health and safety
or the health and safety of another person, your employer may have grounds for banning
piercings. Ask your union or the Unions Australia Helpline for more
information.
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My employer sacked me and I think it's unfair. What can I do?
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Your rights will depend on many factors including how long you have worked with
this employer, whether you were employed in a permanent or casual role, or the size
of the business. If you are in any doubt, chances are you have been unfairly dismissed
and you should seek advice. You should act quickly as there may be a limit on the
amount of time you have to lodge a claim. Ask your union or the Unions Australia
Helpline if you need advice.
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Does my employer have to pay my superannuation?
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Under the Australian Government's "Superannuation Guarantee", employers are required
to contribute at least 9% of the earnings of eligible employees into a superannuation
fund or retirement savings account. Most employees are eligible for superannuation
but there are some exceptions. For example, if you earn less than $450 per month
before tax or if you're under 18 years old and work less than 30 hours a week you
are not eligible. All Australian employees now have a choice about which super fund
to join. Also, recent changes to superannuation laws mean that if you earn extra
incentives or bonuses as part of your income this may be included in your employer's
9% superannuation requirement. If you think you are being underpaid or need advice
on your superannuation, ask your union or the Unions Australia Helpline
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I told my employer I was pregnant and my shifts have been cut. What can I do?
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Speak to your manager about the reasons for cutting your shifts. An employer who
discriminates against a woman because she is pregnant is breaking the law. Seek
advice from your union or the relevant anti-discrimination authority if you believe
that you are being discriminated against for family reasons. The Unions Australia
Helpline can also help.
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I have only been in my job for six months, am I entitled to paid or unpaid maternity leave?
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Depending on where you work, and what award or agreement you are covered by, you may be
entitled to paid or unpaid maternity leave. Many employers have qualifying periods of six
months or more before employees are eligible for any maternity leave. Many employers are now
offering varying amounts of paid maternity leave. If you have worked for your employer on a
regular and systematic basis for at least 12 months, and you have a reasonable expectation
of on-going employment, then you are eligible for up to 52 weeks unpaid maternity leave. Unions
are campaigning for a national, Federal Government-funded maternity leave scheme of at least
14 weeks, paid at federal minimum wage rates plus 9% superannuation for all women.
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I missed out on a job because the employer said he 'didn't like people like me'.
Is he allowed to do this?
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It is against the law for employers – no matter how big or small - to discriminate
against a person. Whether you are part time or full time, casual or permanent, you
can make a complaint if you have been treated less favourably (for example: if you
have been refused employment; dismissed; denied a promotion, transfer or other benefits
associated with employment; given less favourable terms or conditions of employment;
denied equal access to training opportunities; harassed or bullied) for the following
reasons:
- Your sex — including pregnancy, marital status, family responsibilities and sexual
harassment
- You have a disability (whatever it is)
- Your race, colour, national or ethnic background, age
- Your sexual preference, criminal record, trade union activity or political opinion
(in employment)
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I think I am being underpaid. What can I do?
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What you are entitled to be paid depends on factors including which State or Territory
you work in, your age, what award you are covered by, and the details of your workplace
agreement. All workers are entitled to a minimum wage. From 1 October 2008, the
weekly rate of pay for adults on the Federal Minimum Wage (FMW) will rise to $543.78
($14.31 an hour) but different minimum wages apply depending on which State or Territory
you work in, your age and other factors. You may also be entitled to: an extra loading
if you are a casual worker; penalty rates for working evenings, on weekends or on
holidays; leave loading; shift allowances; working additional hours; redundancy;
incentive payments; uniform and a range of other allowances and payments. Unions
have specialist advisors who can help you with questions about wages and conditions.
Ask your union or the Unions Australia Helpline for more information.
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