unpaid super employer..

Discussion in 'Superannuation, SMSF & Personal Insurance' started by Elives, 17th Sep, 2017.

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  1. Elives

    Elives Well-Known Member

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    Hi all,

    I started a new job recently and then very shortly after (2 weeks) i quit due to terrible working conditions which were not made aware to me, as i was only there for 2 weeks. when i told them i quit they only then tell me that i had to give a weeks notice and due to me not giving a weeks notice that they have a clause in their EBA agreement (which i signed at induction).
    upload_2017-9-17_21-19-1.png

    so basically i quit after pay day, and have noticed they didn't pay out holiday pay which is fine but i wasn't sure they were aloud to not pay my super? this is in QLD. does anyone know if this is legal or not?

    Cheers, Elives
     
    Last edited: 17th Sep, 2017
  2. Joynz

    Joynz Well-Known Member

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    Standard clause.

    Works both ways - if they'd ended the contract, they would have had to give you a week's notice or paid you one week in lieu.

    Also, after only two weeks, I don't imagine you'd be due holiday pay.

    If conditions were really bad - e.g bullying etc, you could try negotiating. Otherwise, chalk it up to experience.
     
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  3. Heinz57

    Heinz57 Well-Known Member

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    I think you need to earn a certain amount in a calendar month before you are entitled to super
     
  4. Foxdan

    Foxdan Well-Known Member

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    It's Two weeks pay x 9.5%. Move on.
     
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  5. Scott No Mates

    Scott No Mates Well-Known Member

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    Super is not paid to your nominated fund until the mandatory date ie quarterly - next payment is due to be paid by 28/10/17 - linky

    Have you completed & submitted your nomination of fund form?
     
  6. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Fair Work Australia should be contacted. They would impose penalties on the employer as retention of pay is illegal under the Fair Work Act (Commonwealth law). A clause for retention of 1 week due to failure to give notice is illegal as a "notice period" is unenforceable in financial terms upon an employee. They can ask but they cant enforce. There are penalties for efforts that arent consistent with the national employment standards (NES). The contract may be void in any event. Its like contracting to remove consumer rights.

    You may also be due a small sum for accrued leave ....Very small....Perhaps 6.15 hrs of pay.

    Ditto all super must be paid for the 2 weeks provided you have given the employer a choice of fund form. It would need to be paid to the fund before 28th October. If they dont add that to the FWA claim.
     
  7. vtt

    vtt Well-Known Member

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    Sorry Paul but you are not correct. An employer may withhold the balance of a notice period not provided by an employee if an EBA allows it to do so. Welcome to the Fair Work Ombudsman website

    In terms of the OP’s superannuation, if you earned less than $450 in a calendar month then there is no requirement for superannuation to be paid by the employer. If you earned more than that in a month then it may not have been remitted to your super fund as yet as employers are only required to remit superannuation quarterly though many do it monthly or per pay cycle.

    Whilst the Fair Work Act is a Commonwealth Act, it does not apply to all employees. If you are unsure then you should seek advice or contact FWC.

    vtt
     
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  8. hobartchic

    hobartchic Well-Known Member

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    I would only worry if my salary was not paid. Unfortunately poor working conditions are common and Fair Work is not likely to do anything about this even if you report it. The advice to move on is worth listening to. Technically, leaving due to unsafe work practices and in the first few months of employment is likely legal but it is a grey area. Join a union and seek legal advice from them in future. The grass is indeed often not greener on the other side. I wish you well in the future, you may want to start a contract as a casual in future with employers to see how a work place is.