Working While Studying – Things To Know

THINGS TO

KNOW

WORKING WHILE STUDYING

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THINGS TO KNOW

CONTENTS 2

Your Wages

3

National Employment Standards (NES)

4

Types of Employment

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Looking for a Job

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While You Work

11

Ending Your Employment

13

Exploited At Work

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Checklist: Your First Day

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Checklist: Exploitation

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Checklist: Making a Report

18

Useful Contacts

WORKING WHILE STUDYING

YOUR WAGES Penalties and Compensation If you work over a weekend or public holiday, or if you work early morning or night shifts, you must be paid a penalty wage or be given an extra paid day off. If you get injured while working, you must be compensated by your employer.

Award wages and loading Depending on the industry you work in, your age, the skill set your job needs and the type of employment, you must be paid the standard award wage for your industry of employment. If you’re a casual worker, you may also be paid extra through ‘loading’ to make up for the lack of benefits like paid leave.

Minimum wage You must be paid above the minimum wage. If your industry of employment has an award wage, you must be paid the award wage or higher.

Before taxes, your minimum wage is: • $ 17.70 per hour, or • $ 672.70 per 38-hour week

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You must be paid for the time you spend in training, in team meetings, doing a trial shift as well as opening and closing a business.

Your wages can’t be substituted with lodging or food. It must be actual money that is earned.

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THINGS TO KNOW

NATIONAL EMPLOYMENT STANDARDS (NES)

• A maximum standard working week of 38 hours for full-time employees, plus ‘reasonable’ additional hours.

• A right to request flexible working arrangements.

• Parental and adoption leave of 12 months (unpaid), with a right to request an additional 12 months.

• Four weeks paid annual leave each year (depends on how long you’ve worked).

• Ten days paid personal/carer’s leave each year (depends on how long you’ve worked), two days paid compassionate leave for each permissible occasion, and two days unpaid carer’s leave for each permissible occasion.

• Community service leave for jury service or activities dealing with certain emergencies or natural disasters. This leave is unpaid except for jury service.

• Long service leave.

• Public holidays and the entitlement to be paid for ordinary hours on those days.

• Notice of termination and redundancy pay.

• The right for new employees to receive the Fair Work Information Statement.

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WORKING WHILE STUDYING

TYPES OF EMPLOYMENT Casual Employment A casual employee: • has no guaranteed hours of work • usually works irregular hours • only gets some benefits of the NES • doesn’t get paid sick or annual leave • can end employment without notice, unless notice is required by a registered agreement, award or employment contract.

Casual employees are entitled to: • a higher hourly pay rate than equivalent full-time or part-time employees. This is called a 'casual loading' and is paid because you don't get benefits such as sick or annual leave • 2 days unpaid carer's leave and 2 days unpaid compassionate leave per occasion • unpaid community service leave.

After 12 months of regular employment, and if it’s likely regular employment will continue, a casual employee can: • request flexible working arrangements • take parental leave.

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THINGS TO KNOW

Part-time Employment A part-time employee: • works, on average, less than 38 hours per week • usually works regular hours each week • is entitled to the same NES benefits as a full-time employee. However, it’s based proportionally on how long you’ll be working in a week, compared to the full 38 hours a full-time employee works

Full-time Employment A full-time employee: • works, on average, around 38 hours each week.

• usually works regular hours each week • benefits fully from the NES • The actual hours of work for an employee in a particular job or industry are agreed between the employer and the employee and/or set by an award or registered agreement.

Apprenticeships and Traineeships As an apprentice or a trainee, you’ll get the same entitlements as other employees, such as annual leave, sick leave, public holidays and breaks.

Entitlements depend on your award or your registered agreement, so check your employment papers for information on this.

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WORKING WHILE STUDYING

Employees can be hired as permanent employees or on a fixed term contract.

Permanent Employment Fixed-term Employment Permanent employees are employed on an ongoing basis until the employer or employee ends the employment relationship.

Fixed term means that the employee is employed for a specific period of time or task. For example, a 6 month contract where employment ends after 6 months.

Fixed term employees are generally entitled to the same wages, penalties and leave as permanent employees. An award or registered agreement may provide extra terms and conditions for a fixed-term employee.

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THINGS TO KNOW

LOOKING FOR A JOB Apply for a Tax File Number (TFN) through the Australian Tax Office website. When you start working, it is important that you declare your TFN to your employer. It takes about 2 weeks for your TFN to arrive through the mail.

Familiarise yourself with the work conditions on your visa, as well as all the rights you have as a worker. A good way to do this is to read the letter that is attached with your Visa Grant Notice. It has details regarding your rights as an international student studying in Australia.

Create a résumé which concisely explains your past work and extra-curricular experiences. Ask your university careers centre for help and résumé templates to get started. Proofread your résumé before submitting it to your potential employer.

Be observent of work conditions in the places you are looking for work. Ask your potential employer about the pay and benefits you will receive. If something doesn’t seem right, don’t take the job.

Share your résumé with employers, both online and offline. Walk into a shop and leave your résumé with your prospective employer. Check for vacancies online through job-seeking sites as well.

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WORKING WHILE STUDYING

If your employer asks for an interview,dress professionally.

Answer their questions fluently and confidently. This is a good time to show how valuable you’re in terms of your employers’ businesses.

Do some volunteer work at a non-profit organisation to gain some experience. Employers value experience, and volunteering is a good way to gain it while also helping others within your community! You can volunteer for your local Opportunity Shop or aged care facility, to name a few places.

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Don’t forget that you’re still studying. Balance between your work and student life is important. As a student, your studies should come first. If you feel that you’re not comfortable with the number of hours you’ll be working, you can negotiate this with your prospective employer.

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THINGS TO KNOW

WHILE YOU WORK Work within the limits of your visa’s working rights. Check your visa grant notice for the limits of your working rights.

Keep a log book with you. The log book should contain columns for: – the number of hours you’ve worked – the date, start and end times of your shifts – rest periods you’ve taken during your shift Safety first! Ensure that you have been given relevant safety briefings by your employer. If something doesn’t seem safe to you, say something. If you’re working in an apprentice- or traineeship, you must be supervised at all times.

Check on your colleages from time to time. Are they okay?

Do they need help, or someone to talk to? Offer a helping hand to your colleagues in need.

Be prepared to have difficult conversations with your employer. It may be about the number of hours you work, your safety or your wage rates. In any case, state your case clearly, listen to your employer’s side of the story and try to work out a solution to your problem.

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WORKING WHILE STUDYING

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Know what awards or registered agreements apply to your occupation. Some awards have different wages, protections, benefits (paid annual leave, overtime rates) and conditions (purchases of work uniforms, wage deductions).

When you receive your wage (cash, cheque or bank transfer), you must get a pay slip within 1 working day after getting paid. Keep your pay slips for your reference.

The pay slip should show: • how much you’ve earned from working • penalties, overtime rates and compensation that has been paid to you Your employer, under any circumstances, is not allowed to take money or wages from you (even if you break something), unless if: • it benefits you, and you agree to this in writing • it’s allowed by the Fair Work Commission, a court order or by law • it’s allowed in your award or your registered agreement

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Your employer can’t deduct money if: • it benefits your employer directly or indirectly and is unreasonable in the circumstances • you are under 18 years of age and your parent or guardian hasn’t agreed in writing.

This is the case even if the deduction is made in accordance with an award, registered agreement or contract.

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THINGS TO KNOW

ENDING YOUR EMPLOYMENT Resignations Give written notice to your employer that you want to stop working. Depeding on on how long you’ve worked for your employer, your notice must be submitted within 1 to 4 weeks of your last day of employment.

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Make sure that you submit your notice by the minimum notice period. If you fail to do so, a portion of your pay can be witheld by your employer to make up for the late submission of your notice. Check your contract, or the Fair Work Ombudsman’s online Notice and Redundancy Calculator for your notice period.

For the remainder of your notice period, you can either: • Work throughout your notice period right to the last day of your employment • Take paid annual leave for the remainder of the notice period. You’ll be paid the equivalent number of hours you’d normally work.

You should get your final pay before or on the last day of your employment. Your final pay can be sent to you by the next scheduled pay day as well. You should get these entitlements in your final pay: • outstanding wages for hours you have worked, including overtime, penalty rates and allowances • any accumulated annual leave (not sick/carers’ leave) • annual leave loading • redundancy pay (only when required by law) >

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Early submission of resignation notice If you do provide notice of your resignation early, your employer is entitled to either accept or decline the full notice period. If they decline, you have to work as you would normally do until the minimum notice period.

If your employer gives you your dismissal notice early, you can work until your minimum notice period or take annual leave (if your employer allows it).

Dismissals If your employer gives you a written dismissal notice, your employer must submit a notice to you within 1 to 4 weeks as well, depending on your length of service. A notice won’t be served to you if you’ve engaged in serious misconduct, such as theft, fraud or assault.

You are entitled to your final pay, with the same benefits that you’d get if you had resigned.

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If you believe that you’ve been unfairly dismissed, you have 21 days from your dismissal date to report this to the Fair Work Ombudsman. Check the ‘Useful Contacts’ section of this booklet for places you can go for help (page 18).

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THINGS TO KNOW

EXPLOITED AT WORK

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If you are in imminent danger, get to a safe place and call Triple Zero (000). Tell the emergency response staff about the: • dangers you’re facing • place you’re in at the current moment • your name Emergency services will be sent to your location. Do not put down the phone unless you absolutely have to, or the emegency response staff on the phone tells you otherwise.

If you find yourself exploited at work even when you’ve talked to your employer, these are the things you should do: Use the ‘Exploitation’ and ‘Making A Report’ checklist (page 16 and 17)to figure out how have you been exploited, as well as the information you need to collect.

Ask your colleagues in your workplace on whether they’re also being exploited by your employer. Do this while you’re away from your workplace.

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WORKING WHILE STUDYING

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Get to a safe place outside your workplace (preferably your home, or a friend’s home), and contact any of the groups in the ‘Useful Contacts’ section of this booklet (page 18). Time is of the essence here!

You have the option to ask for their services anonymously, or you can disclose your identity without the knowledge of your employers. Do this as soon as possible.

When explaining your issue, remember to tell them the information that’s needed under the ‘Exploitation’ and the ‘Making A Report’ checklist. This helps them conduct their investigations into the business quickly and efficiently.

If staff from the Fair Work Ombudsman or any workers’ union enters your place of employment for investigations, cooperate with them and listen to their instructions. You can tell them if you’re not comfortable meeting them at your place of employment, and they will make alternative arrangements.

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We know it’s hard to report about your work conditions.

You’ll be involved in providing evidence which proves that you, and maybe others around you, have been exposed to unsatisfactory work conditions. However, by reporting your issues to these agencies, they are able to help you and your colleagues through this tough time. Together, you’ll be standing up for better work rights for yourself and others around you!

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THINGS TO KNOW

CHECKLIST: YOUR FIRST DAY Do you have/know...

Who’s your boss or supervisor?

Whether you need to complete a probation period? How long is your probation?

How much and when will you be paid? What methods will be used to pay you and to send your pay slip to you?

What award you’re being paid on?

Your job scope? Typical duties you conduct while working?

Your TFN and superannuation declaration form? A signed copy of your employment contract?

What kind of employment (casual, part-time or full-time) you’re on? Are you hired on a fixed-term or ongoing contract?

How long and when will you be required to work? Do you know what your roster will be?

What leave (sick leave, compassionate leave, personal/carers’ leave, annual leave) you’re entitled to?

Your Fair Work Statement?

What breaks are you entitled to? When your break times are?

Your business’s safety and emergency procedures (exits, assembly points)? Have you been given your safety briefing?

WORKING WHILE STUDYING

CHECKLIST: EXPLOITATION Are you...

Discriminated at work because of your race, religious or political beliefs?

Removed from your job without any reasonable explanation?

Not allowed to take leave even though you’re a part-time or full-time employee? Not being paid for your paid leave?

Bullied, threatened or harrased at work?

Working in an unsafe environment?

Underpaid, or not being paid by your employer?

Working more hours than what you’re allowed under your visa?

Not compensated for injuries you’ve sustained at work?

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THINGS TO KNOW

CHECKLIST: MAKING A REPORT Do you have/know...

The ABN number, legal and trading name of the business you’re working with? Check your employment papers for this.

Whether you’ve signed a registered agreement and/or contract?

What award you’re being paid on?

Your job scope? Typical duties you conduct while working?

Your log book and your pay slips?

Any other evidence which proves you’re being exploited?

Whether the business a Pty Ltd, Inc. or Ltd company?

How long you’ve worked for your employer?

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WORKING WHILE STUDYING

USEFUL CONTACTS The Young Workers’ Centre The Young Workers’ Centre is a union initiative which specialises in helping students with questions about work and exploitation. It actively campaigns for better protections for working students. Their website has a number of useful resources, classified by the typical awards that students work in. They have a confidential and free helpline, text messaging service and a physical office which you can visit for help. www.youngworkers.com.au 1800 714 754 (open 9:30am to 5pm, Tuesday to Friday), or text “HELP” + your name to 0448 791 922 54 Victoria St, Carlton, Victoria

Fair Work Ombudsman The Fair Work Ombudsman is the national agency which enforces work rights in Australia for the Australian Government. They have detailed online resources, as well as a dedicated International Students section which helps with understanding your workplace rights as a student in Australia. They have a helpline, a Help section on their website, a good Pay and Conditions calculator as well as physical offices in major Australian cities. www.fairwork.gov.au 13 13 94 (open 8am - 5.30pm Monday to Friday (except for public holidays) 414 La Trobe St, Melbourne, Victoria

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Malaysian Progressives in Australia Malaysian Progressives in Australia is an NGO specialising in standing up for the rights of Malaysians who are in Australia, as well as back home in Malaysia. The MPOZ has recently launched a campaign to champion the rights of Malaysian student workers in Melbourne. You may reach them through their email address, and they will help you get in touch with unions in Melbourne that can help you. mpoz.australia@gmail.com facebook.com/MPOZAustralia

WORKING WHILE STUDYING

NOTES GOOD LUCK IN THE WORKING WORLD OUT THERE!

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© Chong Yoong Wai and Malaysian Progressives In Australia Vector Art: Gregor Črešnar, Paulo Sá Ferreira, parkjisun, OCHA Visual Information Unit (the United Nations). From the Noun Project.

Information from the Australian Government’s Fair Work Ombudsman and the Young Workers’ Centre located at Trades Hall, Melbourne.