If you come to Australia on a working holiday visa, your boss will probably take the chance to underpay you based on the assumption that you don't understand your work rights.
Sunset over Melbourne CBD
They're also unlikely to inform you of what special 'Industry Award' your job falls under - so that you don't understand the varying wage rates that may apply - and underpay you.
Finally, they probably won't tell you that bank holidays are paid double the hourly rate, especially in the hospitality industry.
This is because your hourly rate can rise from $20 odd dollars to $40 ($31.12 usd or £23.58)* . So if you work for 5 hours on a bank holiday, that means they should pay you $200 for the day, rather than $100. To a small business, or one that's just starting up, that wage difference can mean a lot, so be extra wary.
I know this now because its happened to me twice
Generally, bringing up problems with authority, especially if it has anything to do with money, gives me the sh*ts. So as an anxiety-ridden individual, when something like this happens, I just let the growing feeling of injustice brew until I become bitter and leave.
Not this time!
In my second Australian hospitality job, I was inspired by my badass colleague who spoke truth to power. She showed me how to stand up to my boss and force them to give me backpay worth over $500 for a period of 3 months work.
But what our employers did to us in the process was pretty shameless.
Contemplating the solution for all working holiday visa makers
After my colleague had successfully fought for backpay, they reduced her hours to the bare legal minimum (2 hours per shift) and didn't give her any weekends (in some industries, working at weekends raises your hourly rate to time and a half). Thereby pushing her to quit due to financial necessity, but all within the confines of the law.
As for me, unfortunately I let my bitterness brew for too long. I handed in my notice and requested backpay at the same time... over email. Definitely not advisable to do that, follow the steps set out below for the best results.
During my last shift, my bosses played good cop, bad cop. The good cop was my male manager. We had a good rapport, which could have been an attempt to increase the chances of persuading me not to pursue backpay. He tried to guilt-trip me by highlighting how “generous” they had been when my house burnt down (whole other story, I’ll have to tell you another time).
Finally, he tried to make me think that I didn't deserve a wage I was legally entitled to by questioning my work standards and motivation. None of these things are related to what the government has decided you're entitled to, so don't let any of it get to you!
Only after this incident did I realise that my first job in Australia had also not paid me the correct rate at the weekends. Sadly, this also happened to me during farm work.
Regional work for the purpose of extending the visa leaves you even more vulnerable because they know you need them more than they need you. And with over 200,000 of us coming to Australia every year,** you're more than replaceable.
But if you follow the steps below, you should be fine and dandy!
Benny the farm dog hates how employers take advantage of working holiday visa makers
What to do if you think you're being underpaid
Step 1: Look at your contract
The piece of paper they make you sign is always your first port of call, make sure they give you a copy to take home!
Your contract should contain your employer's work policies, job description and any applicable Industry Award information. If it doesn't, either ask your manager/boss, or if you're an anxious bean like me, go onto step 2.
Top tip: you should always keep a record of the hours you work, especially if you're a 'casual' or 'part-time' worker. Depending on the clocking in system your work uses, this can mean keeping all of your timesheets, taking snapshots of your rota, and keeping tabs of any changes to the actual number of hours you work.
Step 2: Contact the Fair Work Ombudsman (FWO)
The Australian government has made it really easy to access free legal advice via an online site dedicated to dealing with work issues.
All you have to do is sign up for an account on www.fairwork.gov.au. Then you can look around the site to see if the work you do comes under any of the special Industry Awards.
If you're still unsure, you can file an online enquiry on the site. They normally get back to you within 24 hours.
Step 3: Talk to your boss
If you have an answer from the FWO that confirms your underpaid wages, talk to your boss as soon as possible. But remember, your boss is still a person. Don't walk into work seeing red and demanding you get backpay at once!
Understand that it may be a genuine error, and that a little charm is more likely to get you what you want. You can even help them along by creating an excel spreadsheet showing how much they owe you (e.g. link/picture).
Beware of any emotional tactics bosses use to get out of paying. From guilt-tripping to making you feel like you don't deserve what you're legally entitled to, they can throw it all your way. But you've got to take it like a cool cucumber and stand firm.
If that doesn't work, and you don't get backpay, move onto step 4.
Step 4: Ask the Fair Work Ombudsman to intervene
Although the FWO doesn't have any substantive legal power (i.e. they can't enforce the fair work policies themselves), what they can do is scare your boss into thinking that you might go to a small claims court with their help. That could mean court costs higher than the money they owe you and a hell of a lot of annoyance.
So if your boss is being difficult, submit another enquiry to the FWO online explaining the situation, and request a personal advisor. If the FWO deems the situation needs it, they will issue you with a personal advisor's email address, giving you not only direct contact to an individual who knows about your particular issue, but also the ability to forward emails from an FWO official directly to your employer.
More often than not, receiving an email from the FWO is enough to make them pay you. If they do, don't expect it tomorrow. They have 2 weeks to give you the money, so you'll probably get it on the day of the deadline.
Step 5: Leave
Once a pay dispute like this happens, the work environment can deteriorate, and its probably best to move on.
If they don't respect you, they don't deserve you. And there's plenty of other (nicer, better) bosses in the sea.
web: www.thewamtravel.com
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*currency converted on October 2017
**214,583 visas granted in 2016. Working Holiday Maker visa programme report, 30 June 2016