Your cart is empty.

WWC Summer Read Recommendations

 

This book recommendation list is compiled by WWC staff and volunteers to guide you on what to read during the upcoming holiday if you want to learn and reflect more about feminism and worker’s rights! 

Updated on 21 December 2021 

Disclaimer: Please note that this is general information and should not be taken as legal advice. Working Women Centre SA doesn’t own the copyrights of the following books. 

 

Invisible Women

by Caroline Criado Perez

All about how data excludes women in day-to-day life. pretty dense but easy to understand/read, has a chapter exclusively on work.

 

Dirt Cheap: Life at the Wrong End of the Job Market

by Elizabeth Wynhausen

Stories from an academic who went undercover in a number of ‘low-skilled’ jobs to see what life in that line of work was like.

 

Sex, Lies and Question Time 

by Kate Ellis 

Former Australian politician Kate Ellis explores the good, the bad and the ugly of life as a woman in Australian politics.

 

White Feminism

by Koa Beck  

About the knotted history of racism within women’s movements and feminist culture, past and present 

 

Hood Feminism

by Mikki Kendall

About how the mainstream feminist movement has failed to acknowledge the basic needs and issues that often plague women of color, including food security, educational access, a living wage and safety from gun violence. 

 

Can’t we all be feminists?

by Brit Bennett, Nicole Dennis-Benn and 15 others 

Intersectionality, identity, and the way forward for feminism.

 

The Testaments

by Margaret Atwood 

A sequel to The Handmaid’s Tale (1985). The novel is set 15 years after the events of The Handmaid’s Tale. It is narrated by: Aunt Lydia, a character from the previous novel; Agnes, a young woman living in Gilead; and Daisy, a young woman living in Canada.

 

Kim Ji-youngBorn 1982

by Cho Nam-Joo  

A novel. The life story of one young woman born at the end of the twentieth century raises questions about endemic misogyny and institutional oppression. 

 

The Great Believers

by Rebecca Makkai

A novel following the AIDS crisis in Chicago. Love, community and activism. This story will stay with you for life.  

Casual Conversion

Please note that this is general information & may not be relevant to your particular matter. This should not be taken as legal advice.

Casual employment usually attracts a higher rate of pay. However, casual workers have no guarantee of ongoing work. They also miss out on important benefits such as paid sick leave and annual leave. For this reason, casual workers may want to convert their employment to part time or full time employment. This is called casual conversion.  

 

When should my employer offer me part time or full time employment?  

Your employer must offer you part time or full time employment if:  

  • your employer has 15 workers or more, and 
  • you have worked for your employer for at least 12 months, and 
  •  you worked a regular pattern of hours during the last 6 months of your employment.  

The offer must be in writing and state if you are being offered part time or full time employment. If the regular pattern of hours that you worked is equivalent to full time hours, your employer must offer you full time employment. If the regular pattern of hours that you worked is less than the equivalent of full time hours, your employer must offer you part time employment that is consistent with the regular pattern of hours worked during that period.  

Your employer must give you the written offer no later than 21 days after your 12-month anniversary of employment. You must respond to the offer in writing within 21 days of receiving the offer. If you do not respond, it will be assumed that you have declined the offer. 

Small business employers (less than 15 employees) do not have to offer conversion to part time or full time employment. However, small business employees still have a right to make a request to be converted to part time or full time employment.  

 

 

When can my employer decide not to offer me part time or full time employment?  

Your employer may decide not to offer you part time or full time employment if there are reasonable grounds to do so. Reasonable grounds not to offer part time or full time employment include the following:  

  • If your position will stop existing in the next 12 months, 
  • The hours that you will work will reduce in the next 12 months, and  
  • There will be a significant change in the days or times you are required to work, and your availability cannot accommodate that change.  

If your employer decides not to offer you part time or full time employment, they must notify you in writing no later than 21 days after your 12-month anniversary of employment. The notice must include details of the reason you were not offered part time or full time employment.  

 

Can I request to convert my casual employment to permanent part time or full time employment? 

If your employer does not offer you part time of full time employment within 21 days of your 12-month anniversary, you can make a request to convert your employment to part time or full time employment.  

Small business employers (less than 15 employees) do not have to offer conversion to part time or full time employment. However, if you work for a small business, you can make a request to be converted to part time or full time employment any time after your 12-month anniversary of employment 

You have a right to request to convert to part time or full time employment if: 

  • you have worked for your employer for at least 12 months, and 
  • you worked a regular pattern on hours during the last 6 months of your employment.  

Your request should be in writing and should specify that you are requesting to convert to part time or full time employment. Your employer must respond within 21 days of receiving your request.  

Your employer cannot refuse your request unless:  

  • They have consulted with you, and 
  • There are reasonable grounds to refuse the request, and  
  • the reasonable grounds are based on facts that are known at the time of refusing the request. 

 Once your employer grants your request or you accept an offer for part time or full time employment, your employer must discuss with you and provide written notice specifying:  

  • That your casual employment is being converted to part time or full time employment,  
  • The hours of work to be performed, and  
  • When the part time or full time employment takes effect (This is usually the first day of the next pay period).  

 

Can I challenge my employer’s decision not to offer me part time or casual employment?  

If your employer refuses to convert your employment and you believe there are no reasonable grounds to do so, you can challenge their decision.  

  • First, you should try to resolve the dispute by having a discussion with your employer. 
  • If your employment is covered by an award, or enterprise bargaining agreement, or employment contract that provides a procedure for dealing with the dispute, you must follow that procedure.  
  • If this does not resolve the dispute, you can ask the Fair Work Commission to resolve the dispute: 

If you are covered by an Award or Enterprise Agreement then you need to complete a Form 10. It can be found here https://www.fwc.gov.au/awards-and-agreements/awards/interpret-or-enforce-award 

If you are not covered by an Award or Enterprise Agreement then you need to complete a Form 10A Application for the Commission to deal with a dispute about casual conversion. This can be found on the Fair Work Commission’s website on this link: https://www.fwc.gov.au/documents/documents/forms/form-f10a.pdf  

This form will need to be emailed to Fair Work Commission. If you are in South Australia, you can send the email to adelaide@fwc.gov.au 

 

Flexible Working Arrangements

Please note that this is general information & may not be relevant to your particular matter. This should not be taken as legal advice.

How to:  Apply for a Flexible Working Arrangement?  

A flexible working arrangement is an arrangement where you work in a different or flexible way than you usually would.  It can include you starting and finishing work at different times, working shorter (or longer) hours or at a different location including working from home.   

 

Am I eligible to apply for a flexible working arrangement? 

Under the Fair Work Act  you can make an application for a Flexible Working Arrangement if: 

  1. You are a parent or have the responsibility for the care of a child who is school age or younger 
  2. You are a carer 
  3. You have a disability 
  4. You are 55 years or older  
  5. You are experiencing family violence  
  6. You provide care or support to either your immediate family, or a member of your household, and that person requires care or support due to them experiencing family violence  

You also must have 12 months continuous service with the employer prior to making a request for a Flexible Working Arrangement.  

If you are a casual employee, you can make the request if you have 12 months continuous service and that there is a reasonable expectation of continuing employment by the employer on a regular and systematic basis.  

 

How do I make the request?  

The request must be made in writing and set out the details of the change and the reasons for the change.  Use our template below to guide you.  

 

 

Template: Employee request for flexible working arrangements

[ Insert Date ]

[Insert your name ]

[Insert your contact details phone, email, address]

[Insert Job title]

 

Dear [Insert managers name]

Re: Request for flexible working arrangements 

I would like to request a flexible work arrangement under section 65 of the Fair Work Act 2009 (the Act).  

I am making this request because [insert choose from any of the applicable reasons in 1-6 above. You may have more than 1 reason to base your application on. For example: I am a parent/I am a carer/I have disability/etc ]

 [You may want to note, how long you have been working for.  For example:]

I have been working for this business for more than 12 months on a [full time/part-time or casual hours that are regular and systematic basis].  

I would like to start working [insert details of the changes you want.  For example: shorter hours, or on less days, or starting late or new equipment].  

I would like this flexible working arrangement to commence from [insert date] 

Any effect that this would have on the business and my colleagues can be accommodated by [insert details for the way in which it can be accommodated.  Basically here you are anticipating why your boss may reject the request, and providing a solution in advance.]  

It would be appreciated if you could respond to this request within 21 days in accordance with the Act.  

I am more than willing to discuss this request at a time that is convenient to you.  In addition, I am agreeable to discussing possible alternatives to make sure this arrangement can be suitable for both of us.  

Thank you in advance.  

 

[Insert your name]  

Sexual harassment case studies

Case Summaries

Sexual harassment in the workplace is an ongoing and increasingly publicised topic. More and more women contact our centre daily to seek advice in relation to the legal avenues that may be available to them to seek a remedy for the unacceptable and intolerable behaviour they have experienced in the workplace.

Once a victim has gained the courage to seek advice on their legal options, the next question that usually follows is how does someone quantify a monetary settlement for the behaviours and conduct that person has been subject to?

The following case studies are based on leading sexual harassment cases. They give a brief summary of the facts by looking at the conduct and behaviours a complainant has experienced, the findings of the court in relation to the said conduct and lastly the rulings and compensation awarded by the courts.

 

Important:

Please note these cases summaries should not be taken as legal advice.
If you require legal advice or are concerned about a matter regarding sexual harassment please call our centre on (08) 84106499.

Hill v Hughes

Ms Hill was awarded $170,000 in compensation for loss and damages.

Facts:

  • Ms Hill was admitted to legal practice in April 2015 and in May 2015 began working with Mr Hughes (Principal Solicitor) of a small legal firm.
  • Mr Hughes was physically and emotionally attracted to Ms Hill.
  • Ms Hill was involved in an ongoing mediation with her ex-husband. Mr Hughes offered to represent her and she agreed.
  • Ms Hill disclosed a lot of personal information to Mr Hughes so he could represent her including details of her relationship with her former husband, her children, past relationships with men and her dealings with an apprehended violence order.
  • The night before the mediation, Mr Hughes called Ms Hill and expressed his growing feelings towards her. This made her feel apprehensive and uncomfortable. She said nothing and ignored his comments.
  • Mr Hughes had a matter he needed to attend in Sydney for work and asked Hill if she would like to be of assistance and go to Sydney with him on 24 July 2015.
  • On 17 July 2015 an email was sent to Ms Hill regarding accommodation in Sydney. Additionally, the email contained several personal comments about his feelings for her. A further three emails were sent that day.
  • Ms Hill spoke to Mr Hughes and made it clear the Sydney trip was for work only and did not want a relationship with him.
  • Whilst in Sydney Ms Hill went to bed and found Mr Hughes laying on her bed in his underwear and a singlet. She asked him to “please leave” and felt upset and compromised both professionally and personally.
  • The next morning when Ms Hill had a shower, she returned to find Mr Hughes again in her room, laying on the mattress in her bedroom and asked him to “get out”.
  • Mr Hughes had on several occasions asked to hug her.
  • Ms Hill explained she was upset and told Hughes he had acted inappropriately.
  • Mr Hughes continued to send several persistent emails through July, August, September and October proclaiming his love for her and expressing that he wanted a future with her.
  • In June 2016, Mr Hughes sent an email bringing up Ms Hill’s inability to do her job, used the personal information he obtained when he was acting as a legal representative for her against her and said he could only afford to pay her two days a week.
  • Ms Hughes resigned.

Findings:

  • Respondent was dishonest and had been told not to send emails.
  • He took grave exploitation of the legal relationship as an advantage over her.
  • Mr Hughes saw the trip as an opportunity to begin a sexual relationship, by trying his luck.
  • The respondent on several occasions had tried to coerce the applicant to give him a hug. He did this by blocking the exit and making her feel as though she could not decline
  • His motivation for being in her room was entirely sexual (see her naked/watch her get dressed).
  • He only started to criticise her work and professionalism after he was rejected.
  • His emails/conduct were unwelcomed, offensive, humiliating, intimidating and distressing.
  • The spoken words, physical conduct and email communications were sexual harassment.

Damages:

  • Conduct was relentless, he took advantage of her vulnerability.
  • Threats he made were extremely distressing.
  • Harassment was unwanted, persistent and threatening.
  • General damages $120,000.

Aggravated Damages:

  • Threats of job loss were made to stop the applicant from making a complaint.
  • Respondents used privileged information he got while acting as her legal representative.
  • Mr Hughes said Hill was flirty and encouraged him.
  • Aggravated Damages $50,000.

Link to Decision:  

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCCA/2019/1267.html?context=1;query=[2019]%20FCCA%201267;mask_path= 

 

 

Evans v Pasadena Foodland and Crugnale

Ms Evans was awarded $30,000 in damages.

Facts

  • Ms Evans was working in the supermarket and Mr Crugnale also performed work there. The sexual harassment involved a pattern of inappropriate touching which eventually escalated to sexual assault.
  • Mr Crugnale deliberately brushed past behind Ms Evans on three occasions in one day.
  • Ms Evans said Mr Crugnale pushed his body up against hers and glided the palm of his hand between her buttocks as he walked past.
  • The third time he did this, she said she could feel something hard press up against her, which she thought could have been a belt buckle, or his erection.
  • Ms Evans reported the incidents and management reviewed the CCTV footage. They decided they saw “nothing of concern”. The security footage was destroyed two weeks later.

Findings:

  • Mr Crugnale had engaged in the conduct complained of and it was unwelcomed by Ms Evans.
  • A reasonable person having regard to all the circumstances would have been offended, humiliated or intimidated.
  • His evidence that the touching was accidental was not accepted and his conduct was found to be deliberate and of a sexual nature.

Vicarious Liability:

Ms Evans also claimed that Pasadena Foodland had breached its duty of vicarious liability and was responsible for Mr Crugnale’s behaviour because they had failed to appropriately implement/enforce their own sexual harassment policy.

Facts in relation to vicarious liability:

  • Ms Evans had asked an assistant store manager to check the security footage because she had been touched inappropriately, in addition to complaining to the HR Manager.
  • Neither the HR Manager or Assistant Store Manager took the complaint seriously and neither obtained a statement or record from her.
  • When the HR Manager viewed the CCTV footage, he did not observe a clear-cut instance of sexual assault so allowed the footage to be automatically deleted after fourteen days.
  • A couple of months after the last incident had occurred, Ms Evans spoke with the café manager who made a further complaint to the duty manager on her behalf.
  • The café manager then took it upon herself to investigate the complaint and recorded what was said by both parties.
  • It was recommended to the HR Manager that the issue be escalated to a formal investigation and the incident was raised with Mr Crugnale who volunteered to apologize.
  • The lack of action and insufficient investigation by Pasadena Foodland resulted in Ms Evans making a complaint to the police.

Findings:

Pasadena Foodland was found to be vicariously liable for Mr Crugnale’s conduct as they did not take reasonable steps to prevent Mr Cugnale’s behaviour. In was also found that Foodland failed to implement their own sexual harassment policy.

Compensation:

  • Ms Evans was entitled to compensation as she had suffered a psychological disorder, harm, suffering and hurt as a result of the sexual harassment.
  • Pasadena Foodland and Mr Crugnale were found to be jointly liable.
  • Ms Evans made a claim for workers compensation and received money for some of her medical expenses as well as lost earnings.

Link to Decision:  

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/sa/SAET/2019/222.html

 

 

Yelda v Sydney Water Corporation

MS YELDA RECEIVED $200,000 IN COMPENSATION.

Facts:

  • Ms Yelda was employed by Sydney Water and worked with field staff, which consisted of male workers.
  • Sydney Water had engaged Vitality Works to create a Safespine campaign for Sydney Water staff.
  • Ms Yelda agreed to have her photo taken for the campaign. A male colleague also had his photo taken for the campaign.
  • Vitality Works produced a poster of Ms Yelda smiling with her right arm outstretched above her head. She was pointing to the words “Feel great” and “lubricate”.
  • Sydney Water printed the posters and displayed them in the Sydney Water Ryde Depot, where it was placed just outside the men’s toilet and the civil delivery lunchroom.
  • Ms Yelda saw the poster and sent a complaint via email shortly after.

Findings:

  • The Tribunal found that the words “Feel Great-Lubricate” were big relative to the other words and that as a whole did not immediately suggest the intended meaning of spine safety. Colloquially the poster carried a sexualised connotation and had her image on it.
  • The conduct of displaying the poster was conduct of a sexual nature within the meaning of sexual harassment under the relevant legislation.
  • Because they chose Ms Yelda and not her male colleague, the court also found that Sydney water had discriminated against Ms Yelda on the ground of her sex.
  • Upheld on appeal.

 

Compensation:

  • $200,000
    • $100,000 from Sydney Water
    • $100,000 from  Vitality Works

Link to Decision:  

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCATAD/2021/107.html?context=1;query=Yelda%20v%20Sydney%20Water%20Corporation;%20Yelda%20v

 

Lee v Smith & Ors

Ms Lee was awarded $100,000 in damages

Please note that this case summary contains content referring to sexual harassment & rape, that survivors and victims of sexual assault may find upsetting. 

Facts:

  • Ms Leewas employed by the Department of Defence, which is an entity of the Commonwealth. Two of the perpetrators had more senior positions than Ms Lee.
  • Calendars of topless women and computer images containing pornography were readily visible to Ms Leein the workplace.
  • Mr Smith typed ‘Austin is a champion in the sack’ on a computer shared by him and Ms Lee.
  • Mr Smith wrote his phone number on Ms Lee’s writing pad and when asked why he had done that, Mr Smith replied that if Ms Lee ever wanted to go out with him she should call him.
  • Mr Smith told Ms Lee he would like to have sex with her. When Ms Lee rejected, Mr Smith said ‘you will be sorry’ in a threatening voice.
  • Ms Lee told Mr Smith that he wanted him to stop making advances towards her as she would continue to reject those advances, and this would cause tension in the workplace.
  • Mr Smith said he would continue to “perve” at Ms Lee’s “ass” when she walked past.
  • Mr Smith Left a note in Ms Lee’s drawer that said: “.. I think I want Austin sandwiches for lunch... (Happy face symbol) his meat between my two lovely thighs”.
  • Mr Smith wrote ‘I just ripped a hole in my jeans… I don’t have underwear onand ‘I can touch my penis through the hole’ on Ms Lee’s course notes. Miss Lee also observed that his penis was partly poking out of the hole in his jeans.
  • Mr Smith approached Ms Lee from behind, lifted the Applicant’s skirt, pushed himself against her and squeezed her buttock.
  • Mr Smith also obtained Ms Lee’s number from her personal file in the Resource management section and called her.
  • Ms Lee became intoxicated at the dinner and passed out. When she woke up the next day, she was in Mr Smith’s house and he was raping her.

Findings:

  • Mr Smith was found liable for l the sexual harassment leading up to the rape – the rape itself and the harassment following the rape. The employer  was also found to be vicariously liable

Links to decision 

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FMCA/2007/59.html?context=1;query=Lee%20v%20Smith%20&%20Ors;mask_path=

 

 

Have you experienced discrimination at work? [flowchart]

Please note that this is general information & may not be relevant to your particular matter. This flowchart should not be taken as legal advice.

This flowchart provides an overview of where you can find information about your workplace rights regarding Discrimination matters based on sex, disability and race. As well as an overview on the time frame that you have to work within to lodge an application/complaint, and the time frame that the conciliation process can take.

If you are experiencing sexism, sexual harassment, disability discrimination or racial discrimination we encourage you to contact your union if you are a union member. If you are not a union member, please contact us.

Relevant websites:

 

SA lockdown financial relief

Fact sheet for workers

Thousands of workers have had to stop working due to the South Australian lockdown. If you have lost income, there are a few different types of financial relief available for workers. We have compiled the different payments available in one place.  

Updated on 26 July 2021 

Disclaimer: Please note that this is general information and should not be taken as legal or financial advice. We will do our best to keep this up to date, but if you believe there is something missing from this list, please contact reception@wwc.org.au  

Paid Leave options 

Before looking for financial relief, you should check to see whether you have any Paid Leave options available that apply to this situation. Look at your employment contract and/or your Award or Enterprise Agreement to see what you may be entitled to. Leave entitlements vary between employers and industries. If you are a full time or part time worker, you may consider taking Annual Leave. Some employers may have special paid COVID-19 leave. Depending on the type of work you do, you could also ask to work from home for the period of the lockdown.

If you aren’t sure what your options are, get in touch with your union or the Working Women’s Centre for advice.

Government COVID-19 payments 

COVID-19 Disaster Payment 

This is a payment for workers impacted by the lockdown. If you live in or have visited a Commonwealth-declared COVID-19 hotspot, which includes the Adelaide Metropolitan area, you may be eligible for this payment. The South Australian government has also extended this payment to workers in regional SA.  

  • The payment is for workers who have lost income and do not have pandemic related paid leave entitlements (this includes pandemic payments provided by the state, and the Pandemic Leave Disaster Payment). 
  • To receive this payment, you must be 17 or older and be either an Australian resident or have a visa which enables you to legally work in Australia. 
  • The payment amount is either $325 per week or $600 per week, depending on how many hours of work you lost per week. 
  • You can make an application starting from the 28th of July.  
Pandemic Leave Disaster Payment 

You may be eligible to receive this payment if you are unable to work due to:

  • having to isolate or quarantine because of either having COVID-19 or being a close contact of someone who does, or 
  • having to care for someone who has COVID-19 

To receive this payment you must be 17 or older, and an Australian resident or a temporary visa holder who is legally able to work in Australia. 

The payment amount is $1500 for every 14-day period of meeting the above eligibility criteria. Applications can be made over the phone.

SA COVID-19 cluster isolation payment

This payment is for workers who have visited a declared exposure site and are required to self-isolate, and don’t have access to paid leave or income support. It is a once-off payment of $300, and you can find further information about eligibility and apply via an online form. Australian residents and temporary visa holders, including international students, can access this payment.

Crisis Payment for National Health Emergency (COVID-19) 

This is a one-off payment that can be received if you have to quarantine or self-isolate, or are caring for someone who has to do so, but it cannot be claimed if you are simply in lockdown. 

You may be eligible for this payment if you are in severe financial hardship and are eligible to receive an income support payment or ABSTUDY Living Allowance. Further information here

SA COVID-19 Business Support Grant  

This $1000 grant is available for people working as sole traders who have been impacted by the lockdown. Only businesses with an annual turnover of $75,000 or more are eligible. See further eligibility requirements

Other government payments 

There are government income support payments (Centrelink payments) that might apply to your situation.  

Payments include:  

  • JobSeeker – if you are unemployed and looking for work, or sick/injured and not able to perform your work/study for a short period of time 
  • Youth Allowance – if you are 24 years old or younger and a full-time student or Apprentice, or 21 years old or younger and looking for work or unable to work for a short period of time 
  • Parenting Payment – if you are the principal carer of a child, depending on the circumstances 

Payment amounts will depend on personal circumstances. Please go to Services Australia to find the different payments available, and full eligibility criteria. The Uniting Communities Law Centre can provide advice about eligibility for different Centrelink payments.  

Non-government assistance 

Emergency Financial Assistance

There are a number of organisations which may be able to assist with emergency financial assistance. You can find a list on the South Australian government website.

Flinders University FUSA Grants  

If you are a student at Flinders University in your second or later year of study and you are experiencing financial hardship, you might be eligible for a grant of $500. Grant applications will be open from the 26th of July 2021 to the 13th of August 2021.  

Uni SA USASA Financial Counselling 

If you are a student at University of South Australia, you can contact USASA to access free financial counselling services and get personalised financial advice. If you require urgent assistance, USASA may be able to assist you with accessing emergency food/financial support through the service. 

The Scarlet Alliance Emergency Relief Fund  

If you are a sex worker who has been impacted by the lockdown, you may be able to access the Scarlett Alliance Emergency Relief Fund. Applications will be open to sex workers in South Australia on the 27th of July and applications are available in English, Chinese, Thai and Korean.  

Covid-19 Emergency Assistance Initiative

This emergency quick response grant through the Performers Support Fund of South Australia is offering food and fuel vouchers of up to $200 to actors and entertainment professionals who are experiencing financial hardship during Covid-19 in SA. You can fill in the application form online.

Red Cross Emergency relief support for people on temporary visas (Temporarily closed) 

Due to a high number of applications, Red Cross is not accepting any new applications currently. Please keep an eye on their website for potential updates.  

Mutual Aid efforts  

In a crisis, often communities spring to action to support each other. The Facebook group ‘Love your neighbour South Australia’ is a place where you can put in a request for assistance, such as in-kind support of food or supplies, from members of the community.  

Other supports and services

Working through the lockdown

Information for supermarket workers and other essential workers

Does my employer have to take COVID-19 precautions?   

COVID-19 is a safety risk for essential workers who are working during the lockdown. Your employer must ensure that you and others are safe. They must do what is ‘reasonably practicable’ to minimise the risk of catching or spreading COVID-19.  

Managing the COVID-19 risk will look different for each workplace. For supermarkets and similar services, it is reasonable to expect your employer to be doing the following:  

  • Providing accessible facilities for hand washing and hand sanitising 
  • Doing whatever they can to make sure that physical distancing is happening. They could be using signage and placing floor markings 1.5 metres apart. They could also reduce the numbers of people permitted in the space and provide more space for queuing. 
  • Taking extra steps to promote online service instead of face to face service 
  • Providing masks for workers to use 

Note: these suggestions are based off Safe Work Australia information and the government requirement for masks in indoor public settings, except for schools and office buildings. There is more detailed information on COVID-19 safety for each industry at Safe Work Australia 

Maintaining social distancing from customers 

If you think customers are not following physical distancing, speak with your employer about it. They could take further steps to ensure people are distancing, such as monitoring behaviour or marking out the direction of traffic.  

If people are finding it hard to distance, there may be too many people in the space. Your employer should consider reducing the number of people permitted in at a time.  

What can I do if my employer is not doing the right thing?  

If you think your employer is not doing enough to make sure everyone stays safe, there are a few things you can do.  

  • If you are a member of a union, get in touch with your union representative or call the union office for help. Join your union here. 
  • Raise the issue with your manager or with the work health and safety representative on your worksite. The work health and safety representative has the power to help sort out the issue. In some cases, they can direct unsafe work to stop. Your employer is not allowed to discriminate against you just because you have raised a health & safety issue.  
  • If there is a serious incident, you can call SafeWork SA on 1300 365 255. You can also contact SafeWork about other issues by email: help.safework@sa.gov.au   
  • If you think your employer is not complying with official COVID-19 directions, you could make a report to the police by calling 131 444 for non-urgent assistance.  

How can I deal with an influx of upset customers or clients?  

People might be upset or stressed due to the lockdown, but it is never okay for them to act aggressively towards you as a worker. Strategies for dealing with aggression include:  

  • Using calm communication to respond to the behaviour  
  • Refusing to engage with the customer or moving to a separate space. You have the right to stop doing work that is unsafe.  
  • Seeking support from other workers and debriefing afterwards  
  • Asking your manager if there are systems that they could put in place to reduce or better manage customer aggression 

SafeWork Australia has further information about this issue.  

Can I refuse to work during the lockdown?  

If you do not feel comfortable working during the lockdown, you will have to negotiate with your employer about taking some time off work.  

If you are a casual worker, you have no obligation to work if you choose not to. However, we all know it can be difficult to negotiate as a casual because your employer could stop giving you shifts in the long run.   

If you work part-time or full-time with set hours, you may need to request leave from your employer to take time off work. Get in touch with the Working Women’s Centre if you are unsure about your leave options.  

If you are a vulnerable person (due to having a compromised immune system, for example) the risk to your wellbeing is higher, and so your employer should consider allowing you to take leave to manage the risk to your safety. To negotiate some time away from work, provide your employer with a medical certificate or medical evidence showing that you are a vulnerable person. 

How can I deal with the stress and mental health strains of the lockdown?   

As an essential worker, you are likely to be placed under increased pressure during the lockdown. You may be working increased hours, in more stressful situations and dealing with the uncertainty of the situation. It’s important that you take care of yourself through this time.  

Some strategies for looking after yourself include:  

  • Get enough sleep and rest 
  • Consider taking a break from the news and social media 
  • Do things that make you feel safe and calm 
  • Create a routine that will help you have a sense of control  
  • Connect with your co-workers or other social connections via phone or online  
  • Stay active while complying with restrictions by doing some exercise or stretches at home 
Allow yourself to feel a sense of achievement for the work you are doing. Customer service and other essential services are often underpaid and undervalued. Your work is helping all of us get through a crisis, and for that you should be proud.  

 

There are also a number of mental health support services available:  

  • Ask your employer if there is an ‘Employee Assistance Program (EAP)’ that you can access. EAP is free and confidential mental health support for employees.  
  • For access to mental health services, or in a mental health emergency, call the 24 hour Mental Health Triage Service on 13 14 65 
  • There is a SA COVID-19 Mental Health Support Line 1800 632 753 and online chat 
  • Beyond Blue provides a Coronavirus Mental Wellbeing Service 

 

Young workers and sexual harassment – what are my rights?

Young female workers under 30 years old are particularly at risk of sexual harassment in the workplace. It can be tricky to know how to handle an uncomfortable situation, especially if it’s your first job or if you are new in the workplace. Here are some facts about your rights, and some common scenarios to help you to know what to do.

Sexual harassment – what is it?

Sexual harassment is conduct of a sexual nature that makes you feel offended, humiliated or intimidated, that a reasonable person would anticipate would make you feel that way.

Sexual harassment includes conduct like:

  • An unwelcome sexual request or advance (ie hitting on you)
  • Staring or leering
  • Jokes or comments that are suggestive or sexual
  • Sexually explicit photos or pictures
  • Texts, messages, or emails of a sexual nature
  • Personal questions about your body, private life or sex life
  • Unwelcome touching, such as purposely brushing up against you
  • Sexually explicit physical contact
  • Insulting or teasing you about something sex-related

Your workplace should protect you from sexual harassment at work. This includes from co-workers, customers or clients. When starting a job, you should ask your employer about their workplace harassment policies. If you foresee any risks, for example, you are worried about being rostered on alone in a shop, discuss with your employer what can be done to ensure your safety at all times.

If you tell your employer that you have been sexually harassed, or they should have known that it was happening, they must stop the harassment and prevent it happening again. They are also vicariously responsible for the conduct of their staff (that is, legally responsible for their behaviour) unless they show that they have taken reasonable precautions to prevent sexual harassment and to properly deal with any complaints.

If you complain about sexual harassment, and then you have your shifts cut, or you are demoted or fired, you should call us for advice. You have a right to safe workplace and if you suffer a loss for making a complaint about that right, you could make a General Protections claim in the Fair Work Commission. Note that if you are fired, there are only 21 days from the end of your employment to make this claim.

You can also make a complaint to the Equal Opportunity Commission and Australian Human Rights Commission about the sexual harassment. There time limits of 12 months and 6 months respectively for these claims.

If you have been sexually harassed at work, firstly make sure you are safe and have support, and call us or your Union for legal advice about your individual situation.

Here are some common situations. Have a read and think about what you would do in these situations.

 

Olivia’s boss Mark creeps her out. He owns the small law firm at which she works as a paralegal. Olivia often has to work closely with Mark and others in the team. He is known to be a “joker” so often his behaviour is laughed off by Olivia’s co-workers. He often makes inappropriate comments about her appearance, like calling her “sexy legs” when she wears a new dress. He asks about her boyfriends and jokes about her dating history. On several occasions Mark has come up behind her and rubbed her shoulders, saying she looks stressed and should lighten up.

Olivia is sick of it and often feels too anxious to go to work. She doesn’t know who to complain to since Mark is her boss.

Even if a workplace has a culture of jokes and pranks, Mark’s jokes and comments are sexual harassment. Unwelcome touching, such as a shoulder rub, is also sexual harassment.

If Olivia feels too anxious or unwell to attend work, she should seek help from her doctor and with her doctor’s support, consider a worker’s compensation claim. 

Olivia could see if any of her co-workers feel the same way about Mark’s behaviour and complain as a team. Olivia could arrange a meeting with Mark about his behaviour, with a support person, or could write an email to him outlining her concerns. If the workplace has a policy on workplace harassment, she should refer to it. Olivia has the right to a workplace free of sexual harassment and her concerns should be taken seriously. Once the workplace is notified of her complaint, they should take steps to prevent it happening again, even if the boss is the culprit.

Olivia could also lodge a claim in the Equal Opportunity Commission or the Australian Human Rights Commission about the sexual harassment.

If you are in a similar situation, call us or your Union for advice.

 

Anika works in a front desk role at a wholesaler. One particular customer makes Anika feel extremely uncomfortable. He loiters around the front desk longer than he needs to, leans too close to her, and makes suggestive comments. He calls her “gorgeous” and always compliments her. Once, he came into the warehouse near closing time and waited outside for her in the carpark, as she left work for the day. He told her he couldn’t stop thinking about her and wanted to take her out for a drink.

The customer is extremely important to the business and Anika’s boss has previously told her to be nice to him. What should Anika do?

It is not okay that Anika feels unsafe at work. She has the right to a safe workplace. Anika should report the customer’s behaviour to her boss. If her boss knows about the harassment, he must act to stop it and prevent it from happening again. It doesn’t matter if the customer is a regular, a big spender or a friend of the boss.

Anika should put her complaint to her boss in writing, and keep a diary of when the customer harasses her. If at any time, Anika feels physically unsafe, she should seek immediate help. If Anika’s boss fails to do anything to stop the harassment, she could also lodge a complaint in the Equal Opportunity Commission or the Australian Human Rights Commission.

Trina works in the kitchen of a fast food restaurant. It is extremely busy and the team has to work closely together to get orders ready. One Saturday night, it was flat out and Trina was bending over to get more takeaway containers out of the cupboard. Her co-worker was rushing an order through to the drive through window and said “Oi, get your arse out the way!” and slapped her bum in a joking manner as he went by.

Trina felt embarrassed and shocked but laughed it off. She has always had a good relationship with this co-worker and doesn’t want to get him in trouble. It has only happened once, and she isn’t sure if she should say something to her manager or not.

Even though this was a one-off event, it is still harassment. If Trina feels comfortable to do so, she could approach her co-worker and tell him that his behaviour made her feel uncomfortable.

If Trina doesn’t want to speak to her co-worker personally, she could approach her manager or HR department to report the behaviour.

If Trina chooses not to do anything at this stage, she should make a note of the time and date of the harassment and keep a diary if anything further happens, in case she wishes to take action in the future.

 

Paige works as a waiter in a function centre. She went out on a few dates with her co-worker, Tom, but it didn’t work out. They agreed to be friends, but Tom keeps acting inappropriately towards Paige. He brushes up against her when they are both working in the bar, and jokes about her wanting to have sex with him. Once, he tried to kiss her when they were alone in the storeroom. Paige has told him to stop but Tom doesn’t listen.

Even if you have had a previous relationship with someone at work, you do not have to put up with sexual harassment from that person. You may decide to try to speak to the person harassing you and explain that it is not appropriate in the workplace. If you don’t feel comfortable doing this, or if they won’t stop, you should report the harassment to your boss. Your boss should take your complaint seriously and take steps to prevent it from happening again.

Paige could make a complaint to the Equal Opportunity Commission or the Australian Human Rights Commission about the harassment. If her boss cuts her shifts instead of addressing Tom’s behaviour, she could make a General Protections claim in the Fair Work Commission.

 

If you have been sexually harassed at work, firstly make sure you are safe and have support, and call us or your Union for legal advice about your situation.

 

How can the Working Women’s Centre Help?

We can:

  • Provide advice and information about sexual harassment
  • Inform you of the complaint procedure
  • Help you make a complaint
  • Advocate on your behalf up to and including conciliation

 

Where else can I go for help?

Other organisations that may be able to help include your union, the Australian Human Rights Commission and the Equal Opportunity Commission. 

If you are not already a member of a union, ring SA Unions on (08) 8279 2222 to find out which union to join.

Australian Human Rights Commission: Phone:  1300 369 711 Web: www.humanrights.gov.au

Equal Opportunity Commission: Phone: (08) 8207 1977 Web: www.eoc.sa.gov.au 

 

Making a Sexual Harassment complaint is a serious matter.

 

Other service providers

  • Yarrow Place 
    Yarrow Place
    Rape and Sexual Assault Service is a service for anyone who has been sexually assaulted.
    Services include:
    24 Hour Crisis Response Service for recent sexual assault—this includes support from a social worker, medical care by a doctor or nurse, and collection of forensic evidence for people who are considering legal action.
    — Professional counselling and advocacy for recent and past sexual assault clients as well as their support people.

    Phone: (08) 8226 8777 or (Toll free) 1800 817 421

 

  • Uniting SA Sexual Abuse & Sexual Assault Counselling for young people
    You can access this service if you are between the ages of 12 and 25, and homeless or at risk of homelessness.

    Phone: (08) 8202 5060

  • 1800RESPECT1800RESPECT is a national 24 hour online and telephone service offering counselling and support to anyone experiencing domestic and family violence and/or sexual assault and their family and friends.Freecall 1800 737 732 (24 hours)


If your life or someone else’s life is in immediate danger, phone 000 (triple zero).

My final pay – how much should I get?

Generally, when employment comes to end, you will receive one final pay with your outstanding wages and entitlements. It can be confusing figuring out what your final pay should include. This fact sheet will explain the different kinds of payments you may be entitled to.

This fact sheet gives general information about minimum entitlements for South Australian residents. You may be entitled to different or higher payments depending on your employment contract, registered Enterprise Agreement or Award, and legislation applicable to your State or Territory.

 

Your workplace entitlements

You can find out what your final pay should include by looking at your Award, Enterprise Agreement or employment contract.

  • Awards are legal documents that outline the minimum pay rates and conditions of employment for a particular industry or job type. The minimum rates and conditions in an Award are set by the Fair Work Commission. You can find your Award on the Fair Work Ombudsman’s Award Finder Tool.
  • Enterprise agreements are documents that contain pay and conditions negotiated between employees and employers, often with the help of unions. To be approved by the Fair Work Commission, they should contain better conditions and entitlements overall than an employee would be entitled to under an Award. You can check if your workplace has an Enterprise Agreement on the Fair Work Commission’s website.
  • If you have an employment contract, it can also contain further entitlements to pay or leave.

 

 

When should I get paid? 

Your Award or contract might specify when your final pay should be made, but generally this should occur within 7 days of the end of your employment. You should be provided a pay slip within one working day of the payment being made.  

 

 

Your final pay should include:  

 

Wages 

You should receive your wages for hours you have worked, including any applicable penalty rates or allowances.  

Annual leave 

If you are a permanent employee, you should get paid out for any annual leave you have accrued, but not taken, including annual leave loading if applicable.  

Your annual leave is generally paid out according to your base rate of pay. The base rate of pay doesn’t include any allowances, penalty rates, or bonuses.  

Again, check your Award, agreement or contract as it may include a greater entitlement, for example, to your ordinary rate of pay. 

If you work your notice period, your final payment should include the accrual of annual leave for this period. However if you are paid notice in lieu, instead of working your notice period, your annual leave will be calculated to your last day of work. 

 

What is notice?  

A notice period is the length of time that an employee or employer has to give to end employment. Not all employees have to give notice – for example, casual employees do not have to give notice when ending their employment.  

Notice in lieu 

If you and your employer have agreed that you don’t have to work your notice period, you should get paid the amount of notice you are entitled to under your contract or Award.  

If you have resigned, and haven’t given correct notice, your employer could be entitled to withhold payment equivalent to the period you haven’t worked, or one week’s notice, depending on your Award, agreement or contract.  

 

Long service leave 

Pro-rata long service leave 

If you have worked for more than 7 years for your employer, you may be entitled to be paid out your pro-rata long service leave.  

This is calculated at 1.3 weeks per year of service.  

If you have resigned and haven’t given correct notice, or if you have been terminated for serious and wilful misconduct, you are not entitled to payment for your pro-rata long service leave. (Check your local State or Territory legislation if you live outside of SA). 

 

Long service leave 

After you have completed 10 years of service, you are entitled to 13 weeks of long service leave. For each year you work over 10 years, you are entitled to a further 1.3 weeks.  

 

Accrual for part time and casual workers 

Accrual is the same as full time workers, however the payment is based on your ordinary hours worked per week. If your hours have varied, your payment is based on  your average weekly hours over the previous 3 years of service.  

You do not accrue long service leave during unpaid parental leave, or any other unpaid leave.  

 

 

Redundancy  

If you don’t believe your redundancy is genuine, contact us or your union for advice. 

If you have been made redundant, you may also be entitled to a redundancy payment. Redundancy is paid in addition to notice in lieu.  

A redundancy payment is based on your continuous period of service with your employer, and is paid at your base rate of pay for your ordinary hours of work.  

Generally, periods of casual employment do not count toward your period of service, unless your Award of Agreement states otherwise. 

The following redundancy payments generally apply:  

Period of continuous service  Redundancy pay 
At least 1 year but less than 2 years  4 weeks 
At least 2 years but less than 3 years  6 weeks 
At least 3 years but less than 4 years  7 weeks 
At least 4 years but less than 5 years  8 weeks 
At least 5 years but less than 6 years  10 weeks 
At least 6 years but less than 7 years  11 weeks 
At least 7 years but less than 8 years  13 weeks 
At least 8 years but less than 9 years  14 weeks 
At least 9 years but less than 10 years  16 weeks 
At least 10 years  12 weeks 

 

Make sure you check your Agreement to check for any greater entitlement.  

 

When is redundancy not paid?  

You are not entitled to a redundancy if you your employment falls into the below categories:  

  • Your continuous service is less than 12 months 
  • You are employed under a contract for a stated period of time, a certain task, or an identified season 
  • If you have been dismissed for serious misconduct 
  • You are a casual employee 
  • You are an apprentice, or you are a trainee employed for the length of the traineeship agreement. 

You may also not be entitled to redundancy if your employment ends due to the “ordinary and customary turn over of labour”. This means that it is common and usual in your industry for employment to end this way. Call us or your union for further advice.  

 

Small business exception 

Sometimes redundancy payments are not payable by small businesses. A small business is defined by the number of employees (including yourself) at the time of the redundancy. A small business is a business of 15 or less employees. These 15 employees include 

  • Include regular and systematic casual employees 
  • Include employees of associated entities.  

Check your Award or enterprise agreement to see if different redundancy provisions apply. If you’re unsure whether you have been paid the correct entitlement, or have other questions about the redundancy process, contact us or your Union for advice.  

 

Expense claims 

If you are owed money by your employer to reimburse you for expenses you have incurred, make sure you follow your employer’s procedures to have these claims finalised and paid to you in your final pay.  

 

Your final pay may not include:  

 

Personal leave 

Sick leave or personal leave is not paid out, unless your contract or Agreement states otherwise. 

 

Flex leave / time off in lieu 

Check your contract or enterprise agreement for any entitlement to be paid out time you have accrued under a flex-time or time-off-in-lieu arrangement.  

 

What about super?  

Superannuation should be paid on any payment you receive in lieu of notice, as these are hours you would have worked and earned superannuation.  

Superannuation is not payable on any payments for unused annual leave, sick leave or long service leave.  

It is good practice to check that all other superannuation you are owed from your employment has been paid. Check your balance and all the ATO for more advice.  

 

What do I do if I haven’t been paid everything I’m owed? 

Firstly, discuss the issue with your employer, as it may just be a mistake or oversight. It is a good idea to write to your employer, so that you have evidence of the discussion.  

If your employer does not respond or if you cannot agree with them about the amount owing, read our Fact Sheet on Underpayments [link] to find out how to formally write a letter of demand to your employer and, if the matter remains unresolved, lodge an underpayment claim in the South Australian Employment Tribunal.  

Call us or get in touch with your Union for further advice on your situation.  

Resigning from your job

This information is intended to assist with preparing and participating in conciliation conferences with the Fair Work Commission, South Australian Employment Tribunal, Equal Opportunity Commission, and the Australian Human Rights Commission.

Quitting your job is a big decision. It is very difficult to take back a resignation, so make sure that you are properly informed and comfortable with your decision before telling your workplace.

Read our “Should I resign? Important information to consider before handing in your resignation” factsheet first to make sure you are not limiting your workplace rights by resigning.

 

I definitely want to resign. Now what?

 

You will need to figure out if you need to give notice. The notice period starts the day after you tell your workplace you want to end your employment, and ends on your last working day.

Casual employees do not have to give notice. However, you may consider giving notice as a matter of courtesy, especially if you will be relying on a reference from the employer.

If you are a permanent employee, or on a contract, you will need to consider your obligations under either your Award or your employment contract. Notice periods are commonly one to four weeks depending on how long you have been employed for.

Check the Fair Work Ombudsman site to find your Award.

 

Do I have to work through my notice period?

Usually, you will be required to work through your notice period. However, you can come to another arrangement by agreement with your employer.

  • You can use annual leave with consent of your employer
  • You can use sick leave, if you give notice as soon as possible and provide any medical documentation requested by your employer
  • You can agree with your employer to end your employment early. If so your employer must pay out the notice period to you.
  • If you don’t want to work through your notice period because you don’t feel safe at work, call us for advice before you resign.

What happens if I don’t give notice as required?

If you fail to give the correct period notice, your employer could be entitled to withhold from your final pay, a payment equivalent to what you would have earned had you worked the correct notice period. Other Awards state that the employer can only withhold one week’s wages  in this situation.

Your employer also does not have to pay you out your pro-rata long service leave, if your employer considers you have terminated your employment unlawfully, by not giving proper notice.

Check your Award, agreement or employment contract for information about payments and allowable deductions upon the termination of your employment. Call us for further advice if needed.

 

Can I get fired in my notice period?

Your employer can choose to end your employment during the notice period. They must provide you with the full period of notice, or payment in lieu of notice.

You may be eligible to file an unfair dismissal claim or general protections claim, if they have not followed their obligations under the Fair Work Act 2009, your Award or employment contract. Each situation differs so please call us for further advice on your specific circumstances.

 

Do I have to write a resignation letter?

You may wish to tell your employer you are resigning in person, over the phone or in text. However it is best to follow up in writing (via letter or email) so there is no dispute about the timing of your end of employment, for example, when your notice period starts and finishes.

The Fair Work Ombudsman has a template letter of resignation you can use.

 

Other considerations

 Workplace access and property

Make sure you give back any workplace property you have in your possession eg keys, work laptop any information that is confidential. Likewise, you should be afforded a fair opportunity to collect any personal belongings you have in the workplace.

Consult your employment contract regarding any intellectual property clauses. Generally, you should not keep any information belonging to the employer. Call us for further advice.

 

Restraint of trade clauses

Sometimes employment contracts have “restraint of trade” clauses, which require to you refrain from working in your industry for a certain period of time, in a certain geographical area.

As a default, these clauses are often found by courts to be unlawful, as they restrict the rights of a person to pursue employment.  However they will be found to be valid if the clause reasonably protects the interests of the business, and is not more onerous than necessary to do so.

That is, the clause will be valid if a court finds that your potential future employment in the region or time period specified will risk a loss of business to your current employer. For example, if you will be competing with the business by using confidential information or trade connections which you gained in the course of your employment.

What could be found to be “reasonable” to protect the interests of a business very much depends on your individual situation and the industry in which you work. Call us for further advice.

 

References

Employers do not have to give you a positive reference. If asked by a prospective employer about your service, they should state the truth. To give a falsely negative reference could be grounds to sue for defamation, if you can prove you suffered a loss due to the false statement.

If they do not agree to being a referee, or providing a written reference, you can ask for a statement of service. A statement of service is a simple letter stating the period of your employment, and your job title. You are allowed to request these details from your employment records (and others) under the Fair Work Regulations 2009.

 

Separation Certificates

You can request a Separation Certificate from your employer if you need it for Centrelink. They have 14 days to provide it to you. If you need further help, contact Services Australia.

 

Conciliation Conference Information

This information is intended to assist with preparing and participating in conciliation conferences with the Fair Work Commission, South Australian Employment Tribunal, Equal Opportunity Commission, and the Australian Human Rights Commission.

What is a Conciliation Conference?

  • A confidential meeting in which parties come together to try and resolve a matter with the assistance of an accredited conciliator.
  • The conciliator is independent from the parties to the dispute and is trained and experienced in dispute resolution.
  • A conciliation conference will be held on a specific date, usually via telephone. On this date the conciliator will call both you and your employer.
  • You may choose to be represented by a lawyer, advocate or union official. However, it is not uncommon to be self-represented in conciliation conferences.

Note: There is no requirement to be represented.

 

What is the conciliator’s role?

  • To facilitate communication between two parties and direct discussion around the issues. Conciliators may raise questions, make comments or recommendations to help the parties come to a resolution.
  • Conciliators do not make decisions or decide who “wins” or “loses”. They assist the parties to come to an agreement to resolve the matter.
  • These discussions are undertaken on a “without prejudice” basis, meaning anything said in the conference cannot be used later if the matter proceeds to a Hearing.

Note: You can have a support person with you during the conciliation conference. This could be a friend or family member. A support person may take notes on your behalf or help you if you feel overwhelmed.

 

How to prepare for a conciliation conference?

  • Gather all relevant documents and forms in relation to your claim.
  • Prepare an opening statement to read out at the beginning of the conciliation conference. This is your opportunity to tell your story and explain why you say the employer has broken the law.
  • You will be asked what you are seeking to resolve the matter. You should prepare your ideal proposal for settlement
  • Ensure you have considered what your first offer will be e.g. an amount of compensation, a statement of service, or conversion of your termination to resignation. Start with your best-case scenario, so you can compromise if necessary.

Opening Statements: This is a summary of your application. The purpose of this statement is to put forward your case in a concise way at the beginning of the conference.

 

What happens during a conciliation conference?

  • The first phase on a conciliation conference is called a “joint session”. A joint session is where all the parties are on the same conference call.
  • The conciliator will usually commence the conference by introducing the parties and explaining the how the conference will proceed. They will usually advise of the ground rules or guidelines which always involves confidentiality and respectful behaviours.
  • Each side is given an opportunity to present an opening statement or comments. This outlines key facts which have led to the conciliation.
  • Each side then has an opportunity to identify and explain key issues in their submissions.
  • Following this, there may be some general discussion and a chance to clarify issues raised and ask questions about what has been said. The Conciliator may also ask questions of the parties.
  • Each party will have a chance to say their side of the story.
  • The conciliator will usually close the joint session and then speak with each side privately, in separate sessions, and ask for suggestions on how they wish to resolve/settle the matter.
  • The offer will then be taken to the other party. The conciliator facilitates a negotiation and may go back and forth between the parties exchanging offers several times.

Another example of a guideline during a conciliation is that only one person may talk at a time. A conciliator will ensure the conversation remains polite and on topic.

 

What next?

  • If the parties come to an agreement the conciliator will help draft the “Terms of Settlement” document for both parties to sign. Terms of Settlement are documents that outline what the parties have agreed on and may include a clause that requires the terms to be kept confidential.
  • If an agreement is made, it is binding, and the complaint will be closed. If no agreement is reached, the next stage is a Hearing. A Hearing, or Trial, is a more formal process which requires giving evidence and submissions, and a binding Decision is made by a Member of the relevant Tribunal.

Note: Parties are under no obligation to reach a settlement.

How to spot a Sham Contract in a Job Advertisement.

Please note that this is general information & may not be relevant to your particular matter. This toolkit should not be taken as legal advice.

When applying for a new job it is important to understand exactly what type of employment relationship you may be entering. There can be serious legal consequences if the employment relationship is incorrectly labelled. For example, some job advertisements might state the position available is for an independent contractor when the true nature of the position is really an employee. Independent contractors and employees have different obligations and rights in relation to the work they perform. It is important to know the difference between the two so you can ensure you are receiving all your legal entitlements and that you are complying with any legal obligations.

 

 

What’s the difference between an independent contractor and an employee?

There are a number of factors that assist in determining the difference between an employee and an independent contractor. In general:

Independent Contractors work for themselves and are their own boss. They set their own fee for the work that they perform and have control of when and how they work. They usually create and supply invoices to receive payment for their work based on the completion of a job. Independent contractors arrange and pay their own taxation and are required to have an Australian Business Number (ABN).

Employees work for someone else and are not running their own business. The employer controls how, where, and when the employee does their work. Employees are often paid by the hour and receive a wage or salary. Employees are not required to pay their own taxation and their employer will deduct taxation and pay it to the Australian Taxation Office (ATO). Employees are entitled to certain types of leave (i.e. long service and parental leave) and superannuation.

 

Sometimes the true nature of the relationship will be obvious but sometimes a more fulsome analysis of all the circumstances of the working relationship is required.

It is important to note that no single indicator can determine if a person is a contractor or an employee. Each assessment is based on the individual circumstances of the work arrangement in place. Courts always look at the totality of the relationship between the parties when determining the status of a person’s working relationship.

What is sham contracting?

Sham contracting is where a person working as an employee is told they are an independent contractor when they are not. They may be treated like an independent contractor in some ways, for example they may be required to have an ABN, yet have no control over when and how they do their work or how much they get paid.

It is illegal for employers to misrepresent an employee as an independent contractor. Sham contracting is against the law and there are protections for workers who find themselves in sham arrangements.

For example, it is unlawful for an employer to:

  • claim an employee is an independent contractor;
  • say something false to convince an employee to become an independent contractor;
  • dismiss or threaten to dismiss an employee if they don’t become an independent contractor; or
  • dismiss an employee and hire them as an independent contractor to do the same work.

Sham contracting is sometimes done on purpose or an employer may have acted carelessly and not fully understood their obligations at law. Sham arrangements are sometimes set up by employers who are trying to avoid responsibility for paying legal entitlements due to employees such as annual leave or superannuation.

 

How can you spot a sham contract in a job advertisement?

Have a look at the advertisement for a job below. It is not uncommon to find advertisements for jobs online that have some of these features. The advertisement below is problematic because it has features of a sham contracting arrangement.
image is of a fake job ad, posted by a man in a suit named Mr Boss man, the ad says "Howdy! I am looking for a reliable person, with attention to detail. I need someone who is a quick learner and can follow instructions. You must have an ABN, a full driving license & your own car for transport. Opportunity to work 3-4 days or 7 days a week, doing around 5 -7 hours a day, early starts everyday. This position would suit someone with a background working as a: florist, cleaner, baker, hairdresser, pastry chef or website designer. "
  1. The requirement to “follow instructions” and start early points to an employment relationship. A true independent contractor running their own business would not be expected to follow instructions and should be able to negotiate when the work commences.
  2. The requirement to have an ABN does not necessarily point to an independent contractor. Some employers will say you need an ABN but all the other elements of employment are present
  3. The requirement to work a certain number of days per week and certain number of hours per day points towards an employment relationship. It demonstrates the worker does not have control over when the hours are worked.
  4. Stating that the position would suit someone with a background of “baker, florist, pastry chef etc” indicates the position does not require any particular expertise. This points towards an employment relationship because someone truly running their own business would likely specialise in a particular field.

 

It is unlawful for an employer to pretend that they are offering a person a job as an independent contractor when the position actually involves entering into an employment contract. Before accepting a position like this, you should ask more questions about the true nature of the position and get some advice.

 

Case Studies

Have a read through these case studies for further guidance on how to spot a sham contracting arrangement:

 

CASE STUDY 1:

Stevie was offered a job in a beauty salon as a Beauty Therapist. Stevie is qualified to provide a full range of beauty treatments. Stevie was told she needed an ABN and would need to arrange to pay her own tax. Stevie was told she would be paid $25 per hour and would be given four shifts per week. Her shift times were in line with the salon’s opening hours which were 9am to 5:30pm. She was given a uniform with the Beauty Salon’s logo which she was required to wear. Stevie was told to book and perform nail treatments only. The beauty salon owner told her she would need to bring in her own customers and generate patronage.

Employee or independent contractor?

Stevie is an employee. She has no control over where, when and how she worked. Even though she was told she needed an ABN and was required to pay her own tax, she was not running her own business and had no control over her work. Stevie may be entitled to a higher rate or pay and superannuation.

 

CASE STUDY 2:

Asma is an Electrician and performs work on a residential building site for a large building company called BuildPro. BuildPro engages Asma to wire the new house they have built. Asma gives Buildpro a quote for the job and says she will invoice BuildPro when the work is complete. BuildPro asks Asma to finish the job in three months. The job is too big for Asma to complete alone so she engages another worker to do the job with her. Asma has an ABN and has undertaken to work six days per week from 7am to 3pm to get the job finished.

Employee or independent contractor?

Asma is an independent contractor. She determined her fee for the work and invoiced BuildPro accordingly. Although BuildPro requested the work be done within three months, Asma was able to determine her hours of work and was able to employ someone else to delegate work to. Asma is running her own business and had control over many aspects of the job which all indicate she was an independent contractor.

Arts workers: know your rights at work!

Please note that this is general information & may not be relevant to your particular matter. This toolkit should not be taken as legal advice.

 

Who is an arts worker?

The term “arts workers” encompasses a hugely diverse range of workers. People working in the arts may be visual artists, they may work in the literary arts or the performing arts of dance, music, and theatre. There are even more types of workers when you consider all the roles supporting the arts including arts administration, production crews, ticket sellers, ushers, spruikers, and festival workers. The length of the list of arts workers is only confined to the limits of human creativity.

Working out your rights and entitlements in the arts can therefore be like finding your way in a labyrinth. Because of the diversity in the nature of work performed, there are many workplace laws that govern working in the arts.

Here are some questions and answers to common issues for arts workers.

 

 

Am I an employee?

Workers in the arts are commonly engaged as either employees or independent contractors. It is important to understand the nature of your engagement as a worker because there are different legal rights and obligations depending on the working relationship. For example, some workers are entitled to minimum rates of pay and leave, while others set their own pay and must organise their own leave arrangements.

 

 

How can you tell which is which?

Employees work in someone else’s business. The employer controls how, where and when they do their work, and pays them a wage or salary. Employees are entitled to superannuation and they have payroll tax deducted from their pay by their employer. Most employees are entitlement to minimum wages and conditions from an award.

Examples: Full-time arts administration worker, an usher at a theatre, casual sound engineer at a theatre company, or a food and beverage attendant in an outdoor bar at a festival or event.

Independent Contractors work for themselves and are their own boss. They are free to set their own fee for the work that they perform and have control of when and how they work. They should have an ABN, invoice for their work, and organise payment of their own taxation. They may invoice for completion of a job rather by the hour. There is no minimum rate an independent contractor can rely on, rather they set their rates according to the free-market.

Examples: a visual artist engaged to paint and complete two large murals, or a musician playing a three hour set at a particular event.

 

Sometimes the true nature of the relationship will be obvious but sometimes a more fulsome analysis of all the circumstances of the working relationship is required. There are a full range of factors to be considered in determining whether a worker is an employee or an independent contractor.

Some employers treat their workers as independent contractors when they are really employees. For example, the employer might require the workers to have an ABN and invoice for their work, yet they are paid by the hour and directed to work certain days and times at the employer’s discretion.

It is unlawful for an employer to misrepresent employment as an independent contracting arrangement. This is known as sham contracting and it is against the law.

If a worker is in a sham contracting arrangement, they may be entitled to claim unpaid wages, superannuation and leave entitlements, and the employer may be required to pay a penalty for breaking the law.

If you think you are in a sham contract arrangement you should contact the WWC for advice.

 

Where do employees find their minimum entitlements?

Awards or modern awards are legal documents that outline employees’ minimum pay rates and conditions.

There are more than 120 awards that cover most people who work in Australia. Awards apply to employers and employees depending on the industry or occupation they work in and the type of work they perform.

Here are some of the Awards that might apply to workers in the arts and some examples of the types of work they cover:

Amusement, Events and Recreation Award 2020:
Animal attendant, Ride attendant, Tour guide, Customer Service Officer, Meet and Greet/Concierge, Photography Attendant, Host/Presenter, Admissions/Entrance attendant, Usher, Ticket seller, Security Officer, Receptionist, Programme seller, Cashier

Broadcasting, Recorded Entertainment and Cinemas Award 2020:
Television Broadcasting, Radio Broadcasting, Cinema and film production, screen actors, Musicians for film and TV, Motion Picture Production, dancer, mime artist or puppeteer

Graphic Arts, Printing and Publishing Award 2020:
Creation of designs, concepts or layouts used in the advertising, marketing of commodities or services, commercial and industrial art including illustrations, borders, retouching of photographs, photographic reproportioning and lettering by hand

Live Performance Award 2020:
Producing, staging, audio/visual, presenting, performing, administration, programming, workshops, set and prop manufacture, operatic, orchestral, dance, erotic, revue, comedy, or musical performances; includes sale, service or preparation of food or drink; and selling tickets

Textile, Clothing, Footwear and Associated Industries Award 2020:
Fashion and Textile design

 

Travelling Shows Award 2020:
Travelling shows including the operation by an itinerant employer of any stand, fixture or structure for the purpose of providing amusement, food and/or recreation, carnival, rodeo, community event or festival

For a full list of all the moderns award and to access your award you can visit: https://www.fairwork.gov.au/awards-and-agreements/awards/list-of-awards

If you need help working out which award applies to the work you perform call the WWC.

 

 

Do I get breaks? How long should my shift be? – Common conditions in Awards

For specific information about your rights and entitlements you should find out the modern award that covers your employment. However, there are some common conditions within the awards that might apply to your work in the arts:

Breaks: Most awards stipulate that workers get a break after five hours. Some awards provide for paid breaks and others provide that breaks are unpaid. Some awards also provide for rest breaks as well as meal breaks.

Casual loadings: Most awards will provide a loading of 25% for casual workers to compensate them for not receiving sick leave, annual leave or paid public holidays.

Penalty rates: Most awards provide penalty rates which provides a higher hourly rate of pay for working unsociable hours like public holidays, late nights or early mornings and weekends.

Minimum engagement: Minimum engagement periods require that the minimum shift length must be a certain number of hours. The minimum engagement period is usually between two and four hours.

Overtime: Many awards provide that you get paid extra after working a certain number of hours in a day i.e. more than 10 hours in one shift.

We re-iterate that the conditions outline above are general and if you would like advice on your award entitlements contact the WWC.

 

 

What can I do if I’m being underpaid?

Claim the money back! There is no lawful basis for an employer to pay you less than the minimum wage in your award or contract.

You can calculate what is owed and request they pay you the difference between what you were actually paid and what the minimum entitlement should have been.

You have up to six years to follow-up wages owed to you as a result of wage theft. You can make a claim to the South Australian Employment Tribunal.

Our Industrial Officers can give you advice about claiming wages if you think you may be owed wages from a current or previous job. We also have other fact-sheets that can assist with drafting a letter of demand to your employer.

 

Sexual harassment in the arts is NOT OK!

The #Metoo Movement was born out of the art world and we know sexual harassment is a problem across the industry. The Media Arts Entertainment Alliance, the union that covers many arts workers in Australia, conducted a survey of sexual harassment, criminal misconduct, and bullying in the Australian live performance industry. The results showed that 40% of the respondents had experienced sexual harassment.

Sexual harassment is any unwelcome conduct of a sexual nature. If a reasonable person would anticipate that the behaviour might make you feel offended, humiliated, or intimidated, it may be sexual harassment.

Sexual harassment can include:

  • Sexually suggestive comments, insults, or “jokes” or imagery.
    • Requests for sex or to perform sexual acts.
    • Unwelcome touching or physical contact.
    • Intrusive questions or comments about your private life or appearance.
    • Inappropriate staring or leering.
    • Sexually explicit or harassing messages (including text or social media), phone calls, emails, or images.

Sexual harassment does not have to be ongoing and can be one, single incident.

Some instances of sexual harassment can also be criminal offences, including physical or sexual assault.

Employers should have a policy for how to deal with sexual harassment in the workplace. It may involve a complaints process and an outline of how a complaint with be dealt with. Some workplaces may not have a policy and making a complaint of sexual harassment can be difficult. For example, making an internal compliant of sexual harassment may not be helpful in a small business, where the perpetrator is also the boss or the responsible for resolving complaints.

The Equal Opportunity Commission and the Australian Human Rights Commission can hear complaints about sexual harassment and victims can make claims for compensation.

The WWC Industrial Officers can give advice you further about sexual harassment in the workplace.

 

Random Questions from arts workers

Here are some RAQs (i.e. randomly asked questions) that we have received from people working in the arts:

Is it ok to be paid in tickets to shows, drinks, food, discounts, or other perks?

No. Additional perks are great, but these must be in addition to your minimum wages.

Can I have several jobs at the same time?

It is possible to work for different employers at the same time. However, some employers do not allow it, especially if the second job is for a competitor. They may have a policy prohibiting it. If that’s the case you should ask for permission before applying for that second job.

Is it ok to drink alcohol or take drugs at work?

No. Drinking alcohol or taking drugs at work can be characterised as gross misconduct and could result in termination of your employment, even if your supervisor or other staff are doing it and there is a culture condoning it. It is also a work health safety issue.

 

Is there are union for workers in the arts?

YES! The Media, Entertainments and Art Alliance (‘MEAA’) is the union that covers many workers in the arts sector. MEAA is the union for actors, entertainers, journalists and many more workers in the arts industry.

MEAA provides members with information on their workplace rights and advocacy to defend, promote and advance members’ rights at work.

MEAA membership also includes discounts plus benefits like journey insurance as well as professional development opportunities.

You can learn more about MEAA or join online here:

https://www.meaa.org/

Contact the WWC for specific information and advice about your rights and entitlements at work.

 

Where can I get advice?

If you are a union member, call your union.

If you are not a union member, then please feel free to call the Working Women’s

Centre on: 08 8410 6499

or using our toll free number: 1800 652 697.

You can also submit an online enquiry on our website.

https://wwcsa.org.au/contact-us/

Please be aware that we may not be in a position to respond to your enquiry within 24 hour’s, but we will advise you of the waiting period when you first telephone or email us.

 

Listen to the recording of our panel event ‘Working in the Arts’ featuring arts workers based on Kaurna land.

Our Panelists:
⭐️Gemma Beale
⭐️Letisha Ackland
⭐️Emma Webb

You’ll also hear from an Industrial Officer from the Working Women’s Centre about how you can protect your workplace rights in the Arts.

 

Template for how to write a letter of demand

Instructions
Do not include this first page of instructions in your letter of demand. Delete this section after reading it.

This letter sets out how to write a letter of demand for underpayment of wages, as well as annual leave or notice.

Insert details relevant to your underpayment in the highlighted sections, and delete the parts that aren’t relevant to your claim.

Send the letter to your employer via post or email and keep a record of when you sent it. The letter can be used as evidence to help your underpayment claim, as well as a claim for penalties, in the South Australian Employment Tribunal. 

This is a template and might not cover the extent of your underpayment issue. That is, this template talks about very specific breaches and in your case, there might be other breaches that you need to allege.

This letter is a guide and should not be taken as legal advice. 

[date]

[employer’s address or email]

Dear [name of owner of business]

RE: – Underpayment of wages 

I write regarding my employment with [name of business]. I have been underpaid by you as follows:

[List the different types of underpayment. For example:

  1. Underpayment of wages: $XXX 
  2. Underpayment of superannuation: $XXX
  3. Unpaid annual leave: $XXX
  4. Unpaid notice: $XXX

[Explain how you calculated these amounts. For example if you were paid at the incorrect classification under your Award:]

You did not pay me at the correct award rate. For the period of [start date] to [end date], you paid me [the rate you were paid] an hour. However I should have been paid at [classification level] of the [your Award], as my duties included [list the higher duties you performed]. The total amount owing for underpayment of wages is $XXXX. 

[Example if you were underpaid notice or annual leave]

You also did not pay my [annual leave / notice] of [X number of] weeks. The total owing to me for annual leave is $XXXX. My entitlement to [ annual leave / notice ] can be found in the National Employment Standards.

The total amount that should have been paid to me was [$XXXX your correct total payment].  You paid me [$XXXX what you were actually paid].   There is a total amount of [$XXXXX amount of underpayment] owing to me.

I request that you make the total payment of [$XXXX amount of underpayment] to me within 14 days of this letter.  

If I do not receive payment within that time, I put you on notice that I will be commencing proceedings for unpaid wages against in the South Australian Employment Tribunal (SAET) without further notice. 

If I am forced to commence proceedings against you, I will be seeking an order from the SAET that you pay pecuniary penalties for your various breaches of the civil remedy provisions of the Fair Work Act 2009. 

It is hoped that this will not be necessary, and I look forward to a quick and amicable settlement of the outstanding unpaid wages. 

Regards,

[your name]

[your contact details]

 

Sexual Harassment at work

What is sexual harassment?
Sexual harassment is unwelcome sexual behaviour where the victim feels offended, intimidated or humiliated, and it is reasonable in the circumstances to feel that way.

It has nothing to do with mutual attraction or friendship. If there is consent, it is not sexual harassment.

Sexual harassment is against the law. You do not have to put up with it.

 

Sexual harassment can take many forms:

  • Deliberate verbal comments of a sexual nature, suggestive remarks, ridicule and offensive jokes.
  • Physical contact such as touching, pinching, patting, hugging and brushing against another person’s body.
  • A display of offensive or erotic pictures.
  • Sexual teasing, practical jokes, sexual name-calling or ‘stirring’.
  • Sexually suggestive looks or gestures such as leering, ogling or staring.
  • Unwanted requests of a sexual nature.
  • Continuous requests or pressure to develop a relationship.
  • Persistent questions or comments about a person’s private life.
  • Considering a person’s physical attributes rather than their skill or experience.
  • Sexually based emails and ‘sms’ messages, this would also include messages with sexual innuendos.

Can sexual harassment be a criminal offence?

Forms of sexual harassment which may constitute criminal offences include:

  • physically molesting a person
  • indecent exposure
  • obscene communications (telephone calls, faxes, letters, computer messages)
  • sexual assault
  • stalking

These actions can be reported to the police.

 

What are the effects of sexual harassment?

  • loss of sleep, confidence, job satisfaction, promotion and other work entitlements
  • lowered job performance and or job insecurity
  • inability to concentrate
  • ill health
  • an inability to relax
  • difficulty coping with everyday tasks

 

Informal ways of dealing with harassment:

  • If possible, confront the harasser directly. You can have a support person with you while you do this.  This can be effective if you feel safe to do so.
  • Report incidents to a sexual harassment contact person in your workplace and discuss ways of informally resolving situations.
  • Talk to your co-workers, especially women who may have suffered harassment and will support your complaint.
  • Keep clear notes (preferably diary notes) if you experience incidents of harassment or harassment is reported to you. Document dates, places, times, who was there and what was said. Any records of incidents should be kept safely.

Formal ways of dealing with harassment:

  • If appropriate, and if there is one, take a look at your workplace policy. Follow procedures if you feel safe to do so.
  • If you work under an award or enterprise agreement, you should follow the grievance procedure in your award or agreement.
  • If you are a member of a union, you can have a union representative advocate on your behalf.
  • You can make a complaint to the Equal Opportunity Commission under the State Act or the Australian Human Rights Commission under the Federal Sex Discrimination Act. Your Union or the Working Women’s Centre can assist with this.

Useful tips to consider if you are being sexually harassed in your workplace:

  • Tell a co-worker that you trust to keep an eye out for you. Make sure you have made it clear to them how this is affecting you and how you think you may want to handle the situation.
  • Try to minimise situations where you are left alone with the offender.
  • Report it to your doctor if the harassment has begun to affect your health and well-being.

 

How can the Working Women’s Centre Help?

We can:

  • Provide advice and information about sexual harassment
  • Inform you of the complaint procedure
  • Help you make a complaint
  • Advocate on your behalf up to and including conciliation

 

Where else can I go for help?

Other organisations that may be able to help include your union, the Australian Human Rights Commission and the Equal Opportunity Commission. 

If you are not already a member of a union, ring SA Unions on (08) 8279 2222 to find out which union to join.

Australian Human Rights Commission: Phone:  1300 369 711 Web: www.humanrights.gov.au

Equal Opportunity Commission: Phone: (08) 8207 1977 Web: www.eoc.sa.gov.au 

 

Making a Sexual Harassment complaint is a serious matter.

 

Other service providers

  • Yarrow Place 
    Yarrow Place
    Rape and Sexual Assault Service is a service for anyone who has been sexually assaulted.
    Services include:
    24 Hour Crisis Response Service for recent sexual assault—this includes support from a social worker, medical care by a doctor or nurse, and collection of forensic evidence for people who are considering legal action.
    — Professional counselling and advocacy for recent and past sexual assault clients as well as their support people.

    Phone: (08) 8226 8777 or (Toll free) 1800 817 421

 

  • Uniting SA Sexual Abuse & Sexual Assault Counselling for young people
    You can access this service if you are between the ages of 12 and 25, and homeless or at risk of homelessness.

    Phone: (08) 8202 5060

  • 1800RESPECT1800RESPECT is a national 24 hour online and telephone service offering counselling and support to anyone experiencing domestic and family violence and/or sexual assault and their family and friends.Freecall 1800 737 732 (24 hours)


If your life or someone else’s life is in immediate danger, phone 000 (triple zero).

If you need to make a quick escape...

Click this ESC button if you need to hide your window. It will close this website and take you to the weather.