Unpaid On Call Work Compensation

Summary

If your employment contract or award specifies that all time worked should be paid, and your employer is not complying, you should document all instances of on-call work and the time spent. Approach your employer in writing, outlining your concerns and referencing the relevant contract or award clauses. If your employer still does not comply, consider contacting the Fair Work Ombudsman for further guidance or assistance.

Full Conversation

I don’t think I am being paid fairly
Hey ****! To help you better, can you tell me if you have an employment contract or if you are covered by an award or enterprise agreement? This will help determine if you're being paid according to the legal standards in Queensland.
I have a contract but covered under the manufacturing award in QLD
Hey ****, thanks for sharing that. In Queensland, the Manufacturing Award sets the minimum wage and conditions for employees in the manufacturing industry. Here are a few points to consider:
- Check if your pay aligns with the award rates.
- Ensure you receive entitlements like overtime, penalties, and allowances.
- Compare your contract terms with the award to spot any discrepancies.
Have you had a chance to review your pay slips against the award rates?
The salary is well above award as I am not doing manufacturing work I actually work as a technician. The question is regarding on call rates. Currently they pay $* a week to be on call. Being on call includes answering all the companies incoming calls outside of business hours. Sometimes these calls are short in duration sometimes not. They aren’t paying for the time spent on the phone. They think that is covered under the $*
Case Rating: *
Hey ****! It sounds like you're in a situation where the on-call rates might not adequately compensate for the time spent on calls. Here are some general pointers relevant to your situation:
- Check if the award or your contract specifically mentions on-call or standby allowances.
- On-call arrangements should be reasonable and clearly defined in your contract.
- It's worth discussing your concerns with your employer and seeking clarification.
Would you like any specific advice on how to approach this with your employer?
It does and says should be paid for all time worked. My employer won’t listen to reason
Case Rating: *
If your award or contract states that all time worked should be paid, and your employer isn't complying, you may consider the following steps:
- Document all instances of on-call work and time spent.
- Approach your employer in writing, outlining your concerns and referencing the relevant contract or award clauses.
- Consider contacting the Fair Work Ombudsman for further guidance or assistance.
Do you need help drafting a letter to your employer?