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  • #987935
    Deps
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    Hey guys I’m stuck in a delema atm…

    I currently drive a medium rigid truck for my boss that he owns and does everything to eg( pays for diesel, maintenance, services etc etc) all I need to worry about is to do what I’m told. I have been working there for 5 1/2 years now. I do roughly 55 hours a week all year round for a company he has me working at. He “apparently gets paid 35$ a hour there and he pays me 16.33$ a hour. I Started this job when I was 21.

    To work for him he got me to sign up and get a abn and pay me a set wage of 850 a week since day one. I seen a new account last week and he informed me I should be getting much more per hour… I never worried about my pay because I love my job but I looked into it and the minimum wage for my work is 22.50$ a hour casual.

    I think I would be classed as a employee and I would be entitled to back pay? Would this be one of those sham contracts where he can pay me under minimum wage and avoid paying me penalties rates, super etc?

    If I confront him about this issue he’s the ” my way or the highway type of boss and not sure how he would handle it”

    #1164896
    Past-Member
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    Do you receive pay slips with tax taken out each week?
    Do you receive a Group Certificate at the end of each financial year to do your tax return?
    Are you covered by their insurance or do you have to do your own?
    Do you receive sick pay and holiday pay?
    Do you get super etc.?

    I would strongly suggest you talk to someone professional about this.
    You can read up more at Fair Work Australia as well.
    https://www.fwc.gov.au/audience/employees

    If your boss is not doing the right thing, then you need help in approaching him so that both of you save face. You could make it sound like you are doing him a favour by having found out the legal details so that he does not get into trouble in the future. But you really need to get good advice and I am sorry I am not the one to help you with this.

    All the best.

    #1164897
    Greg_M
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    Definitely a sham contract.

    2 options IMO.

    One, wear it and play on … if you don’t want to stir.

    Two, contact an inspector at Fair Work Australia … and they’ll screw him to the floor. If he’s got any money you’ll get the back pay, otherwise they’ll send him broke.

    In my experience they won’t stop with you, if he has others working … they’ll audit his books and claim for anyone they can find.

    #1164898
    Deps
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    Thanks for the helpful replies

    I really enjoy the job but not now because knowing I’m getting underpaid quite a bit. My plan is to get a new job then contact fair work and try get my hard earned money back if it’s possible. I’m Making him rich and sending me broke he has about 10 other workers doing the same thing to them I would expect

    #1164899
    Deps
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    Also the ATO is fining him around 250000$ for tax issues about we should be labelled employees and not independant contractors. Would it be a matter of time before fair work does a audit on him based on just that what the ATO is fining him for?

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