QLD Employment Contract - Workers Paid Wages but No Penalty Rates - Legal?

[Haley]

Hi LawAnswers team, I hope you can help me out.

My father manages a warehouse for a gaming machine company. When he was hired, his employment contract didn't mention anything about pay except a clause that specified his annual salary. However, he is paid wages (by the hour) and the company has told him that he is not entitled to penalty rates 'in accordance with the Enterprise Bargaining Agreement (EBA)' but no EBA has been/is being provided. Is this legal under employment law?

If he is working 50+ hour weeks in order to get the stocktake done (as he has been for the past couple of weeks) shouldn't he be entitled to penalty rates? Additionally, are they legally obliged to provide him with an EBA?

Thanks in advance for any advice you can provide.

 

[Ivy]

Hi Haley,

If your father is engaged under an EBA, then he has to be provided a copy of it!
Sometimes overtime rates don't apply under an EBA. This might apply if, for example, a manager is on a higher salary to reflect the fact that overtime will be required at certain times of the year.
Also, often time in lieu (flex) will be offered as an alternative to overtime.

Have a read of this blog post and if you have ongoing concerns about your father's working conditions, give the Fair Work Ombudsman a call.
Unpaid Overtime – Your Employee Rights - Legal Blog - LawAnswers.com.au