Advice on my Job

[NC_Steve]

I just need some advice on this issue that came up today. I work full time casual and today I was forced to do overtime. I was told after doing 8 hours and trying to leave that I had 2 options. 1 that I leave and don't come back or 2 that I work over time. Just wondering if this is legal? And can I get sacked for not doing overtime? I know I can get sacked on the spot as I am casual. But wouldn't they need a better reason than not wanting to do overtime?

[Kryton]

generally, overtime is your choice WITHOUT penalty. meaning if you dont do it, you cant get fired. you dont have to do it.
BUT .......it depends on your EBA as well.
check with your Union Rep as to what you should be entitled too.
it is a hard situation to determine, the previous Government, your Company and your Union..........speak to your Union first.

[Full Noise]

Full time casual? Hmmm.

I doubt that they’d sack you, they just wouldn’t offer you any work. That way they cover their a$$.

[Kryton]

Originally Posted by Full Noise

Full time casual? Hmmm.

I doubt that they’d sack you, they just wouldn’t offer you any work. That way they cover their a$$.

thats the other legal way.
your casual, if work "slows down" and your not needed, so be it.
welcome to the world of casuals.
yes, you get paid more p/h and NO you dont have Job security.
i know, ive been there.

[XR6TickfordBoy]

If ur casual then ur expected to work what ur asked.
If ur asked for overtime and u say no, then expect work to "Dry Up", out of nowhere.
If they only wanted u 38 hours per week, then ud be Full-Time.
Either get used to doing what they ask or find a new job.

[theunfairadvant]

Originally Posted by NC_Steve

I just need some advice on this issue that came up today. I work full time casual and today I was forced to do overtime. I was told after doing 8 hours and trying to leave that I had 2 options. 1 that I leave and don't come back or 2 that I work over time. Just wondering if this is legal? And can I get sacked for not doing overtime? I know I can get sacked on the spot as I am casual. But wouldn't they need a better reason than not wanting to do overtime?

If there is overtime just do it to help out the company,
if you were to do it you will be in the good books with them.
You help me & i help you policy.

Originally Posted by Full Noise

Full time casual? Hmmm.

I doubt that they’d sack you, they just wouldn’t offer you any work. That way they cover their a$$.

I agreed with Full Noise.
They will not sack you to cover themselves but they might just
give you one shift per mth, as this would kill your cashflow.

[deesun]

The guy has already worked 8 hours, why should he be forced to work another two? How many of us feel like doing extra after already doing 8. Not only that he may have had something else on. If he was already working 38hrs thats a full week, casual or not no boss etc has the right to force you to do overtime or any extra work. My guess is that if he is working 38hrs theres plenty of work and in future as long as he continues doing his work properly he won't lose too much, if any.

[GK]

Originally Posted by deesun

The guy has already worked 8 hours, why should he be forced to work another two?

Agree with you deesun. I thought overtime was offered as a number of hours. If you fulfil those hours, even if they ask you to stay back for more, you don't have to.

Having said all that though, until this workchoices rubbish is done away with, you just may have to cop it. Bit hard to run your life when you're asked to do extra that you've not planned for though.

We're meant to work to live, not live to work.

Hope it works out for you mate!

GK

[Yellow_Festiva]

Sorry, but if your boss worded their proposition the way you put it then they are a right bas... (the child of an unmarried person).......

So what if he is casual? That doesn't mean you are a target for that sort of threat....

Fancy working a whole day then being 'told' on your way out to stay back... Sure, if you had nothing better to do, and you had a good relationship with the boss than it could have been used as leverage down the track ala 'you scratch my back, I scratch yours'.....

I have been a "full time casual" since I was 15 and I'm now 28.

If this is a taste of how you will be treated I would be seeking another job with a more sympathetic employer.

Casual or not, you are no ones garbage....

[T3ts50]

I have seen this happen before when I was working casual. I was one of the longest running casuals at this company cause I used to do the overtime they asked me to. They used to get rid of casual staff left right and centre if they called in sick more than twice a month or who wouldnt do overtime. Its a sucky system, but think of the extra money.

[theunfairadvant]

Originally Posted by T3ts50

I have seen this happen before when I was working casual. I was one of the longest running casuals at this company cause I used to do the overtime they asked me to. They used to get rid of casual staff left right and centre if they called in sick more than twice a month or who wouldnt do overtime. Its a sucky system, but think of the extra money.

Well said.

[hrdcor]

Suck it up girly man. Try working a farm, you work till the job is done. No set hours. No penalty rates. Not too many easy jobs. No real wonder this country's workplace system/labour force is in such bad shape. Wuss.

[deesun]

Originally Posted by hrdcor

Suck it up girly man. Try working a farm, you work till the job is done. No set hours. No penalty rates. Not too many easy jobs. No real wonder this country's workplace system/labour force is in such bad shape. Wuss.

And that was your choice and it may be yours or your family farm but it wasn't his to do a days work and then be told or blackmailed into working longer than he wished for that day. If you choose to work in a slave camp then so be it, he didn't. He may now have to make a choice of new employment for no reason but the fact he didn't want to be blackmailed. His boss may be the big loser having to re-employ, retrain, re-advertise more than once to get a decent employee.

[Jesk]

Originally Posted by hrdcor

Suck it up girly man. Try working a farm, you work till the job is done. No set hours. No penalty rates. Not too many easy jobs. No real wonder this country's workplace system/labour force is in such bad shape. Wuss.

sounds like someone is a little bitter about their work.

Originally Posted by Full Noise

Full time casual? Hmmm.

I doubt that they’d sack you, they just wouldn’t offer you any work. That way they cover their a$$.

I know that it is definately the way that woolies works with that.

I know in coles express where i work its written in the EBA that they are required to give us 12 hours notice for overtime (and it can even be overtime without being overtime pay-rates) though the reality is that you can be just asked to continue on with the next shift's work when some decides to call a sickie, but they tend to not last too long after pulling stunts like that. Though I know that since i used to be a manager and I am on good terms with other management too, and have pulled them outta so many holes picking up shifts at such short notice that I needent have taken them, that when I do turn down these overtime "offers" from time-to-time it doesn't affect my hours. Thats how I play that game and Coles Express doesnt generally behave the nicest with those things but if you regularly put deposits into that system they generally will allow occasional withdrawls

[deesun]

At Coles Express almost no one looked at the EBA before they signed. Now employees are getting caught like this. They didn't just automatically go under the same award as Coles but they should have but being as the industry is so fragmented with only a few people at each site, mostly casual they all thought someone else will take care of it. Someone else did, COLES. Look what happened.

[bigev]

I have seen plenty of times where casuals have had work 'dry-up' out of nowhere.

This is one of those situations where it depends on which side of the fence you sit as to whether or not your getting royally screwed.

Full-time casual - sounds like your boss needs someone full time (or more) but doesn't want the hassles of annual leave, insurance etc. Good for him (saves him paperwork), good for you (you get paid more).

Being asked to do overtime on little/no notice, even though it may be unreasonable (and possibly unlawful) is one of the things your boss is hoping for by employing casuals.

If you chose not to do it, you probably wont get sacked (due to the legal issues) but it will be far easier for your work to suddenly dry-up.

My personal opinion, if you enjoy your job and you are able to do the overtime, do the overtime. If your looking for a fight you (probably) wont win, go home.

My 2¢ worth.

[theunfairadvant]

If there were to be overtime to be done just do it as you never know
you might be sitting at home next week doing nothing.

[galaxy xr8]

This time off the yr I think alot off people would be doing overtime, I know what I would be doing if I wanted to keep a job or atleast go perminate, and not have to worry about being casual and being in this posistion.

[[Tonko]]

I understand the principle of it all but....
Having been there, i got shitty having it put to me in a similar way.
Casual = higher rate and unless you had something better to do, why not?


BTW: I'm casual on about 47hrs a week...

[NC_Steve]

I have been doing overtime every day for the past 5 weeks. Usually 10 hours a day and sometimes more. So its not like I don't do any. I am happy to do it two to three times a week, but they are expecting it everyday. I know its the busy period but its just too much. I have a family and friends I would like to spend time with as well. Also sometimes you just get tired and fatigued. I think this is an issue as well especially when driving heavy equipment and working around machines. Also I have another question. Is it illegal to work more than 12 hours a day?

[schnoods]

Casual workers are just that. As and when required.

The reason why they hire more casuals today then before is purely hiring them under the conditions they want and need. They don't care if you need the day off or that your crook and need to knock off early- they just need someone to do the job. If you have to hang back Just take it, it'll be easier when you have to call in for a sicky.

Refusal may offend when you're a casual, im in the same boat myself. The overtime makes it worthwhile though.

[schnoods]

I don't think it is illegal to work more than 12 hours as long as the allow the required breaks and stoppages.

[wodahs]

Originally Posted by NC_Steve

Is it illegal to work more than 12 hours a day?

fatigue managment i believe is run by australian oh&s rules and these for the transport industry alowe at least 14hrs a day or an acuative 76 ( i think ) hrs a week but does change ( even increase ) depending what where when

if you have to be some where or if you were fatigued ( tired ) and you put it to them that way and you didnt stay and didnt get any more work you can take it to the work place tribunual , but could be long , costly and still end up with out a job

[hrdcor]

Mate, you are a casual worker. No more, no less. You have little to no rights, you make some extra money for giving up those rights. I'm reasonably sure your not in a "technical" job so to speak or your boss would look out for your interests when it comes to time off etc. The sad truth of the workplace market is you signed on as an expendable asset. No offence intended, but thats the way the cookie crumbles.

[sneaky]

bah, just tell them you feel to fatigued to continue on for the afternoon/night and by forcing you to work they might place you in a risky situation.. put a safety concern back on them and they should back down.

as for the 12 hour question - in my job we can work a maximum of 16 hours in a 24 hour period. that's 16 max including the drive home - but if after 10 you feel fatigued then you can go home and get someone to replace you.

[theunfairadvant]

I used to work 18 hrs a day for 7 days a week for 2 yrs as a casual driver,
no complains there as the money is good.

They decided to put some casual drivers into permanent so as to get rid
of casual drivers as i was one of them they let go as i work too hard.:

Funny thing was that it was them that wanted me to work that many hrs
in the first place so now they wanted someone to take it easy.:

Casuals are just like colds & flu you can get one at anytime,
but it doesn't mean that you want to keep it.