NSW Overtime Wages - Employer Is Withholding?

[Luvlee]

My employer rostered me to work 21hrs out of 27hrs (I had a break of 6hrs between shifts). They were told I was entitled to be paid double time for the second shift as I did not get the legal min 8hrs break, when I received my payslip I had only been paid the normal rate. I lodged a pay query last week advising they had not paid me my correct wages. When I asked today why my pay hadn't been fixed I was advised that head office had to decide if I could be paid the extra. Can they do this when employment law and the award states I'm entitled to be paid double time?

 

[Ivy]

Did you choose to not take a break despite encouragement and time made for that break?
Generally, if you are entitled under the Award to penalty rates then your employer doesn't have discretion.

 

[Luvlee]

Did you choose to not take a break despite encouragement and time made for that break?
Generally, if you are entitled under the Award to penalty rates then your employer doesn't have discretion.

I was not given the choice to take a break, I either did the rostered shifts or called in sick for the second shift which I have had to do on numerous occasions and lose a few hundred dollars each time.

 

[Ivy]

Okay- yes your employer doesn't have discretion over the overtime pay. If they continue to withhold your pay, you can call the fair work ombudsman.

 

[Luvlee]

Okay- yes your employer doesn't have discretion over the overtime pay. If they continue to withhold your pay, you can call the fair work ombudsman.

Thank you Ivy, I didn't think they did. I have considered going to the ombudsman regarding my rosters as this is happening quite often, and also regarding my allowances which I'm sure they are not being paid correctly.

 

[Marv11]

Hi. I have a similar situation.
I work for a diplomatic mission and i belong to the security industry award.
Even though I am entitled to 40+ overtime hours per month and my regular working days are over 10 hours I do not have a paid lunch break. We have to work it off staying additional half an hour and my overtime is payed only 125%. Should my OT be paid by the Australian industry award as 150%?

Please help

 

[Rod]

Sorry, I don't understand your post. Please restate what you want.

FYI most work places do not offer paid lunch breaks so there is no 'staying an extra half-hour' and that half-hour is just not counted as work time.

 

[Marv11]

Sorry about my sloppy writing.
My overtime is my biggest concern. I work Monday to Friday only. With 40+ hours of overtime monthly.
I only get paid 125% for all my overtime even though my industry award says it should be 150% fist two hours and 200% for the rest.

 

[Rod]

Talk to your employer in the first instance. It may be you are covered by an enterprise Agreement rather than the award. Check your employment contract to be sure.

If that fails, talk to the Fair Work Ombudsman about your situation (not the Fair Work Commission).

 

[Marv11]

I'll check it and I'll let you know.
Thanks for the help.