Northview Aged Care: Knowing your rights in the workplace

Published: 25 October 2011

This information sheet has been developed for QNU members who are nurses and assistants in nursing employed at Northview Aged Care.

1. Your basic workplace rights

All employees have certain legal protections at the workplace. Below are some of the most important:

  • You must receive your pay on a regular (weekly or fortnightly) basis.
  • Your payslip must clearly indicates what hours you have worked (and whether those hours attract penalty rates), your rate(s) of pay, your total gross (pre-tax) income and your total net (after tax) income for the pay period.
  • You must be paid for all overtime work you are instructed to perform.
  • You must be paid the correct penalty rates for working overtime, or on Saturdays and Sundays.
  • You must be paid the correct shift allowances.
  • You cannot be unfairly dismissed.
  • You cannot be dismissed, or otherwise treated unfairly, for a discriminatory reason (including sex, relationship status, pregnancy, parental status, breastfeeding, age, race, impairment, religious belief or religious activity, political belief or activity, trade union activity, lawful sexual activity, gender identity, sexuality and family responsibilities).
  • Your employer must provide you with a safe working environment.
  • Your employer is NOT allowed to deduct monies from your wages unless you expressly agree (in writing) that they may do so. For example:
    1. If your employer deducts money from your wages in order to recover monies they believe they have overpaid you, this will be unlawful unless you have agreed in writing that they may do so.
    2. If your employer has organised rental accommodation for you (particularly if you are on a Visa), your employer cannot deduct money from your wages in order to recover rent money they say you owe.

2. Your Enterprise Agreement

Northview Aged Care has an Enterprise Agreement (‘EA’) that covers the terms and conditions of your employment.

PDF-icon-20 Click here to view your Enterprise Agreement

If you cannot view your EA call QNU Connect on 3099 3210 or 1800 177 273.

Your EA provides details on the correct wages rates for your classification, penalty rate information, rights to breaks, leave entitlements, dispute resolution and grievance procedures. This is an important document to familiarise yourself with.

3. Workplace harassment (‘workplace bullying’) and discrimination

Employers have an obligation to ensure their staff are protected from bullying and harassment in the workplace. Workplace harassment takes many forms, and may include:

  • An employer or a co-worker or group of co-workers subjects a person to repeated behaviour that:
    • is unwelcome and unsolicited, and
    • the person considers to be offensive, intimidating, humiliating or threatening, and
    • a reasonable person would consider to be offensive, humiliating, intimidating or threatening.
  • Such behaviour may include:
    • abuse
    • threats of dismissal or other severe punishment
    • ridicule and derision
    • offensive email or phone messages
    • sabotaging work, for example by deliberately withholding or supplying incorrect
    • information, hiding documents or equipment, not passing on messages and creating
    • difficulties in other ways
    • maliciously excluding and isolating a nurse or midwife from workplace activities
    • persistent and unjustified criticisms
    • humiliation through gestures, sarcasm, criticism and insults, often, but not always, in front of patients, members of the public, management or other workers
    • spreading gossip or false, malicious rumours with an intent to cause harm.

4. S 457 Visa holders

Employees who are employed on a Temporary Business (Long Stay) - Standard Business Sponsorship - Subclass 457 Visa (commonly known as a‘Section 457 Visa’) should be aware of their rights and obligations in relation to their employment.

Your rights:
  • Your sponsoring employer is required pay ‘market salary’ rates to all workers. This means s 457 Visa workers may not be paid less than their co-workers who are Australian residents or citizens.
  • You are entitled to the same terms and conditions of employment as all other employees. This includes annual leave, personal (sick) leave and long service leave entitlements, termination or resignation notice periods, penalty rates of pay and protections from unfair dismissal. You should familiarise yourself with your Enterprise Agreement and understand what these entitlements are.
  • While you are employed by your sponsoring employer, they cannot recover, or seek to recover, costs relating specifically to your recruitment, or the costs (including migration agent costs) associated with them being an approved sponsor.
  • If you resign from your sponsoring employer, they cannot recover, or seek to recover migration agent and associated recruitment costs. 
  • The sponsoring employer may be able to request reimbursement of the costs of travel (including airfares) to Australia to commence employment. Check whether your contract of employment mentions this.
  • The sponsoring Employer must pay the reasonable and necessary cost of travel if you (and your family) have to leave Australia. This includes when you are advised to leave Australia because your employment contract has ended, or if you are terminated from your job.
Matters for s457 visa-holders to be aware of:
  • If you wish to leave employment before the end date of your contract with Northview, ensure you discuss this with the QNU first, as there may be legal and financial implications.
  • Ensure you contact the Department of Immigration and Citizenship (‘DIAC’), if you have any questions about your Visa terms and conditions, particularly as they relate to your employment contract.

5. Get active in your union

The best way to get fair outcomes and proper access to legal protections in the workplace is through a strong and united union – and QNU member play the most important role in making this happen.

QNU members work collectively to achieve improvements in working conditions and on issues which affect our profession.

You can too – to find out more about opportunities to become active in the union click here.

6. Contacts

For questions relating to employment and industrial issues, professional issues and legal issues that relate to your employment, call the QNU’s Member Servicing Centre on 3099 3210 or 1800 177 273, by email on qnuconnect@qnu.org.au.

Contact:

Phone:

Attached documents: