What can I do about bad work conditions?

you cant loose your job by going to the ombudsmen, then you can claim for unfair dismissal.

Are you retail or baking? Are there associated unions? Retail association? What award do you fall under? This will allow you to check the rate of pay is correct. A majority of places allow 8 hours between shifts. Also another thing you need to check is if there are enterprise bargaining agreements? which allows exemptions to the award. Also are you on an apprenticeship or traineeship?

Are you a member or a union? Thats what they are for. I would be looking into that for a start and if you get nowhere with that then go to the ombudsman for advice.

This situation is not acceptable for you or your colleagues. I agree that you should approach the appropriate union, even if you are not a member. You can also contact Worksafe (do not know what state you live in, but each state has a worksafe organisation that will investigate working conditions). The conditions you describe are not safe for you. I know you like working at the bakery but your well being is more important. Bullying and unsafe working conditions can play havoc with your health over time.

If you want to obtain further information, I suggest you contact Maurice Blackburn lawyers as they are experts in this area and you can obtain free advice over the phone. A lawyer can advise you on all your rights and what action you can take in addition to a summary of consequences, outcomes, and any risks involved. In fact, that is the first thing I would do in your situation. I have given this advice to a couple of friends in the past, and it worked out well for them.

Good luck!

The other law firm that also gives free advice on the phone is Slater and Gordon who have expertise in employment law as well.

Hey Nda,

That sounds terrible! Here's a great website that outlines what your rights are as an employee: http://www.fairwork.gov.au/Pages/default.aspx

When i was a bit younger than you i was in a similar situation. As long as you do your research and have the facts to back yourself up, you are legally entitled to certain things (such as breaks, overtime pay etc). It is illegal for your employers to deny you these rights. I would get all the info together and then talk to them about it. Trust me, it will be much easier for them to give you what you legally deserve than to have the department of fair trading get involved ad come in and audit everything.

Oh, and they can't fire you for asking for what you legally deserve.

Hope that helps! Good luck xx

Hi darling, all really helpful advice from all the beauties - Deb is definitely right, do contact the fairwork people. When I was 17 I had a pretty bad working situation, it was my first job and I had no idea. I contacted industrial relations (I think that's who it was) and filed a complaint with all the details of what was happening etc and resigned from my job. Was excellent they sorted everything out and I even recovered wages that I was entitled to such as overtime/breaks etc. Keep us updated and we are all here to support you xox

That's terrible Nda, no one should have to work in conditions like that. Everyone has made some really good suggestions, I would definitely get in touch with your union (if you're apart of one) & the fairwork organisation. I would also maybe put in an 'anonymous' call to the head office of your chain, they may be unaware of what is going on at your shop & be able to resolve & put in place guidelines for your franchises owners. Unfortunately I think this sort of thing goes on far too often, especially in retail & small businesses where the owners try & cut corners to save money, but at the expense of workers & their rights :0( It makes me sick because they usually hire younger workers too & that often means they don't know their entitlements & are easily vulnerable to these bully bosses.

Hi everyone, Just wondering whether anyone knows what I can do to change really bad work conditions? I've worked in a bakery (a famous franchise haha) for a year and a half now and the conditions are really bad. For example: - we never get paid breaks (even if it's a 10hr shift or something) or breaks at all most of the time - I've done 8 hours shifts without getting a chance to sit down or eat - we are told to clock off to go to the bathroom:S - sometimes we'll go for weeks without pay slips - we often don't have enough hours in between shifts eg. I've closed the shop at 8:30 and been back at 6:15am the next morning to open countless times - we don't get the proper rate on public holidays It's so cliche but the owners (husband and wife) are terrible and bully (I hate using that word, it sounds so childish but it's very appropriate here) everyone so much. Ever since I started work there, they've abused their authority beyond belief. Everyone keeps on telling me to just find a new job but the thing is, I don't mind the work and I love the girls I work with - I shouldn't need to find a new job, the workplace should be a fair one to begin with. Is there anything we can do to take serious action and get an investigation by the ombudsman (this happened at my friend's workplace awhile ago) going without identifying ourselves or losing our jobs?? Any help would be great, I'm only 21 and I shouldn't be worrying this much about a part-time job!

Hi Nda

I am in the middle of a similar situation for my husband. He has appointed me his delegate. My advice to you is contact Fair Work Australia ph 13 13 94. Speak to them and then lodge a claim. Lodging a claim is really easy via their website. You are also able to track the process of you complaint online.

You will need payslips (and legally they must supply payslips), any other documents you have. This can be a diary you keep and copies of the times you have worked. If you have Superannuation complaints this will need to be dealth with by the taxation office.

We have been 12 months in the process but it will be worth it. Our claim is going to court. (At no cost to us). For us it isn't about the money BUT the fact a large multi national company shouldn't be allowed to get away with it.

Cheers BB

Nda, I am sorry to hear about what you are going through. Using the word bullying is not childish, nor is the behaviour of these people. It is very serious. Workcover takes a very dim view of workplace bullying and fully recognises the seriousness of it. You might like to contact WorkSafe as a starting point. I wish you luck in sorting this out. :-)

Hi everyone, Just wondering whether anyone knows what I can do to change really bad work conditions? I've worked in a bakery (a famous franchise haha) for a year and a half now and the conditions are really bad. For example: - we never get paid breaks (even if it's a 10hr shift or something) or breaks at all most of the time - I've done 8 hours shifts without getting a chance to sit down or eat - we are told to clock off to go to the bathroom:S - sometimes we'll go for weeks without pay slips - we often don't have enough hours in between shifts eg. I've closed the shop at 8:30 and been back at 6:15am the next morning to open countless times - we don't get the proper rate on public holidays It's so cliche but the owners (husband and wife) are terrible and bully (I hate using that word, it sounds so childish but it's very appropriate here) everyone so much. Ever since I started work there, they've abused their authority beyond belief. Everyone keeps on telling me to just find a new job but the thing is, I don't mind the work and I love the girls I work with - I shouldn't need to find a new job, the workplace should be a fair one to begin with. Is there anything we can do to take serious action and get an investigation by the ombudsman (this happened at my friend's workplace awhile ago) going without identifying ourselves or losing our jobs?? Any help would be great, I'm only 21 and I shouldn't be worrying this much about a part-time job!

Ring up Wageline so you can get all the details of pay, I understand exactly where you are coming from, have had the same situation a couple of times 12 hour shifts, half an hour break during the day, really it is pathetic how some small business owners just suck the life out of people. Having the same problem with my current job, have had to go on a abn, so I have to pay my own taxes, super, insurance, no penalty rates, start at 4.00am finish when I finish. Unfortuately I am closer to 50 than 40, so if you don't want to do what you are doing for the rest of your life, get some more study and stick it to your current bosses. Maybe even give legal aid a call Good Luck

Nda Do ring FWO (13 13 94) - be aware they will need to ask you for the name of your employer so they can determine which Award/agreement you are under - don't be afraid to give out the info, they will not be ringing your employer to say you have rung. As far as making a complaint goes, you have 2 options - 1. you can ask for it to remain confidential and an audit will then be conducted - however, with an audit it is all based on info the employer supplies, so if they say you get meal breaks etc, and you do not want your name to be disclosed, this will be accepted. Or 2, you can disclose your name and a full investigation will be undertaken - you can either wait until you leave (which is what most people do) or make the complaint whilst you are still working there. Be aware that if you choose to disclose your name while you are still working there, they may fire you - you would then be able to go for Unfair Dismissal and would have a good case. They are NOT supposed to fire you for making a complaint to the FWO, but then they are also not supposed to break the Award either. I'm not trying to deter you from taking that option, I just want you to be aware of the possible implications. And as far as the workplace bullying goes, you still have to be employed there for Workplace Health and Safety to investigate (at least that is the case in QLD).

Nda

Changing work conditions usually only occurs if a company is being investigated by an appropriate body such as Worksafe, and other statutory bodies. Another way is for an employee or ex-employee to file a complaint with the relevant body. That is why I think it is best for you to get some legal advice as a lawyer can discuss all options with you, plus risks and possible outcomes. See my previous response which gives you that information.

At your age I do not think it is wise to go down any route without a clear understanding of what is involved.

Glad to hear that you are going to leave as I do not think you will find any joy in that workplace.

Best wishes. xo