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Wage and hour law in Geelong falls under both federal and state regulations that set standards for how employees are paid and the conditions of their employment. These laws ensure workers receive fair wages, appropriate overtime pay, and other protections relating to working hours, rest periods, and leave entitlements. Australia’s wage and hour laws apply to most employees, whether full-time, part-time or casual, and are designed to prevent exploitation and unfair work practices.
Getting legal help in wage and hour matters can be vital in several scenarios. People may require assistance if they believe they have been underpaid, denied proper overtime, or misclassified as independent contractors. Legal advice is also beneficial if there are disputes about holiday or sick leave, unlawful deductions from wages, or issues around the termination of employment. Both employees and employers may seek a lawyer to ensure they understand their rights or obligations and to resolve workplace disagreements efficiently and lawfully.
Geelong is subject to the national industrial relations system, primarily governed by the Fair Work Act 2009, as well as applicable awards and enterprise agreements. The Fair Work Act sets out minimum terms and conditions, including minimum wages, maximum weekly hours, breaks, and rules on overtime and penalty rates. Modern awards might provide additional protections covering specific industries or jobs present in Geelong. Victoria has adopted national workplace laws, so local employees and employers must comply with these standards, ensuring they do not fall below the prescribed minimums.
The national minimum wage applies, reviewed annually by the Fair Work Commission. As of July 2023, it was $23.23 per hour, but you should check for the current rates or applicable award rates which may be higher.
Most employees are entitled to overtime pay under their award or agreement for hours worked beyond the ordinary weekly limit (usually 38 hours), or outside standard spread of hours. Rates and conditions vary, so check the relevant award or agreement.
Many awards and agreements provide penalty rates for work performed on weekends, public holidays, late nights, or early mornings. Penalty rates are set out in modern awards or enterprise agreements and are higher than base rates.
The Fair Work Act and most awards specify entitlement to rest and meal breaks depending on shift length. Typically, a 30-minute meal break is required after five hours of work, but specifics can vary.
Employers can only make lawful deductions from pay, such as income tax or superannuation, or deductions authorised in writing by the employee and principally for their own benefit.
Employers must provide employees with a payslip within one working day of payday, detailing gross and net pay, hours worked, deductions, and superannuation contributions.
You can start by discussing the issue with your employer. If this does not resolve the matter, you can seek help from the Fair Work Ombudsman or pursue your claim through the Fair Work Commission or small claims court.
Casual employees are generally not entitled to paid sick leave or annual leave, but they do receive a higher base hourly rate (casual loading) to compensate for these entitlements.
If you believe you are being paid below the award rate, you should raise the issue with your employer. If you are unable to resolve it, you can seek assistance from the Fair Work Ombudsman or a legal advisor.
The Fair Work Act includes provisions against unfair dismissal. If you are dismissed and believe it was harsh, unjust, or unreasonable, you may be able to lodge an unfair dismissal claim with the Fair Work Commission.
If you need more information or help on wage and hour matters in Geelong, consider contacting the following:
- Fair Work Ombudsman - the main body for workplace advice, compliance, and complaints - Fair Work Commission - handling disputes, claims, and applications under the Fair Work Act - Victorian Trades Hall Council - assists employees with workplace rights - Legal Aid Victoria - offers free or low-cost legal advice for eligible individuals - Local community legal centres - provide guidance and support for workplace issues
If you believe your wage or working hour rights have been violated, begin by gathering evidence, such as payslips, employment agreements, and any communication with your employer. Try to resolve the issue directly with your employer, if possible. If that fails, reach out to the Fair Work Ombudsman for free advice and assistance or contact a lawyer who practices employment law. For further support, community legal centres and Legal Aid Victoria can guide you through your options and, if needed, help you start formal proceedings.
Do not delay seeking advice, as strict time limits may apply for some workplace claims, including those related to underpayment and unfair dismissal.
