The issue
Sarah started working at a small retail store when she was a teenager. At 16, she thought what she was being paid was correct – but this wasn’t the case.
There were several issues happening at Sarah’s store:
- She wasn’t being paid regularly at the same time each week or fortnight or month
- She never received pay slips and couldn’t check the breakdown of her pay
- She didn’t receive penalty rates on weekends
- She didn’t receive her paid breaks
Is this allowed
Sarah’s workplace was not covered by an SDA-negotiated Agreement, her pay and conditions were outlined in the Retail Award.
The Retail Award are the industry minimum standards that apply in the retail industry and her employer must comply with it.
The Retail Award includes:
- Penalty rates (a higher rate of pay) for work on weekends
- A 10 minute paid rest break for working 4 or more hours (two 10 minute rest breaks if working 7 or more hours)
This means her employer was not complying with the Retail Award. Sarah was not receiving the correct pay on weekends or her correct breaks when working shifts that were 4 hours or more.
How the SDA helped
Sarah contacted the SDA to check about whether or not what was happening in her store was right.
The SDA were able to review her issues and flag what her correct entitlements were.
The SDA then approached her employer on her behalf to raise these issues.
Once the SDA was involved, her employer immediately started to pay weekend penalty rates and provide the correct breaks in line with the Retail Award.
The outcome
Sarah’s SDA membership meant that not only did her employer start paying her the right entitlements – we could help her claim for back pay too.
By getting the SDA involved, Sarah received $2,771 in compensation. This included what she was owed for weekend penalty rates and paid rest breaks.
If she hadn’t been a member of the SDA, she may not have had the help she needed to get compensation or stop the exploitation happening in her store.
What to do next
If you are having any issues with breaks at work, SDA can help.
SDA members have access to information, support and advice when it comes to resolving any workplace issue.
The SDA can help you with the following:
- Information about what breaks apply in your specific Agreement or Award
- Advice or representation if you’re not receiving breaks or paid breaks
- Check if you’re being paid correctly or if you’re entitled to compensation
- Assist with any questions about what breaks apply to you