Feeling Frustrated - Permanent Part Time Role

[Nat92]

Hi!

I recently accepted a permanent part time role at a service I have been working casually for over the last few months. Since starting as permanent part time as of 16th November 2015 my days of work and shifts have been different each week without consultation. I feel as though I am still being treated as a casual but just getting paid less. I have been doing an average of about 32 hours per week however my contract states I get only 4 days of sick leave per year. I am yet to speak with someone from Fair Work as I do not think this is correct.

My boss has also rostered me for 9am to 3pm on the day of the children's Christmas concert and expects me (and all other staff) to stay unpaid to help out. However one other person is being paid to work until 5pm and another until 6pm. This does not seem fair at all to me and I do not think that I should be expected to work for free- even if it is the Christmas concert. Especially if it means I will be working for 9 hours. I know the clean up can be pretty massive and time consuming so why wouldn't you pay your staff?

If anyone could give me some advice that would be greatly appreciated.

[MarlyW]

Hi Nat,

Unfortunately as permanent part time your director can change your roster each week. It is unfair that the director hasn't consulted you, but perhaps you need to be proactive and ask for shifts that work for both you and the centre? Of course, this doesn't mean you will always get shifts that you'd prefer but at least you will have some input.

The previous centre I worked at put all permanent staff on as permanent part time so they could basically "get away with" giving you different shifts each week, chopping and changing days etc.

So when I got my new job I stipulated that I had to be on full time or I wouldn't be able to accept the position.

As to the Christmas party after work? I agree you should either be paid for your time, or have time in lieu. We were always paid for any extra hours we did at my previous centre. We just added it to our time sheet.

Hope this helps.

[Nat92]

Thanks for your response Marly. Oh I didn't realise that they could change your days and hours like that. This is the first time I've ever been permanent part time.

Our boss expects staff to come in on weekends every now and then to clean up the store room and she doesn't pay them. She is terrible with this and I don't know how to address it. Do you know if there is any evidence saying we should get paid in the regs or award?

[Lorina]

I found the following information on Fair Work Australia:

A part-time employee is employed to work less than 38 ordinary hours per week. An employer and employee have to agree on a regular pattern of work when the employee starts.

The agreement has to be in writing and include:

the hours worked each day
the days of the week the employee will work
the start and finish times each day.
The employer should keep a copy of the agreement, and give a copy to the employee.

The hours in the agreement have to be worked within the ordinary hours in the award. This includes the times of day the hours can be worked and the maximum and minimum hours of work.

If your employer needs to change the roster:

A roster is a timetable that shows the days and times employees are required to work.

When an employer wants to change an employee’s regular roster or ordinary hours of work, they have to discuss it with the employees first. They have to:

provide information about the change (eg. what the change will be and when)
invite employees to give their views about the impact of the change
consider these views about the impact of the change.

Ref: Part Time Employees

As for the Christmas party since you have complete your shift, it is considered extra work and you should be given time in lieu or overtime...

Overtime is when an employee works extra time. It can include work done:

beyond their ordinary hours of work
outside the agreed number of hours
outside the spread of ordinary hours.

Part-time employees get overtime rates if they work:

more than the maximum number of ordinary hours per week
more than 8 hours in a day
more than their normal hours if they haven't agreed to work more
outside their agreed times of work if they have been given less than 7 days notice (unless it is an emergency situation), or
outside the spread of ordinary hours of the early childhood service.

Ref: When Overtime Applies

I hope I have given you enough information to go and speak to the Director about this issue and that you should be paid for work that's outside your normal hours!

,
Lorina

[Nat92]

Thank you so much for providing that information Lorina! I really appreciate it.
I'm very stressed out with work at the moment because of all of these issues. I did ask the director if I would be paid for staying after I finish at 3pm and her response was "no you will be staying to help out". I honestly couldn't think of a response at that time because I couldn't really believe it. It is difficult to think of a way to approach her about it again.

The stress it's causing me is making me think of calling in sick on the Friday to avoid it all together. I get really bad anxiety and this is setting it off big time

[Lorina]

Hi Nat,

I completely understand! Sometimes Directors can be really intimidating and it's even worse when you just try and handle it, without the confrontation. Also, it seems like she isn't very approachable which causes so much stress. Have you spoken to the other educators? Are any of them getting paid (except the ones finishing late anyway)? Maybe you should just go to her office with this information I have given you. Say you went through Fair Work Australia and this is the following information... Be honest with her. Tell her that you would like to know your hours in advance for the week and that you should be given time in lieu at least for the extra hours at the xmas party since she is legally required to do so. You could say that you're not trying to cause problems but you just want what's fair to you...

I know it can be difficult talking about these issues but sometimes you have to bite the bullet and do it...

,
Lorina