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The Bosses Didn't Want To Pay Overtime Rates (Read 2533 times)
whiteknight
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The Bosses Didn't Want To Pay Overtime Rates
Jul 26th, 2021 at 1:45pm
 
Huge Win for Traffic Controllers Delivered by AWU   Smiley
July 25, 2021 Australian Workers Union.
The AWU has achieved a big win for traffic controllers in the civil construction industry after the Fair Work Commission ordered employers to pay proper overtime rates for overnight workers.


D&D Traffic Management had been seeking an FWC non-union deal to only pay its night workers shift loadings, instead of higher overtime rates, even if they didn’t take over from a preceding shift.



The AWU had objected to D&D’s agreement approval application, saying it failed the Better Off Overall Test by allowing work after 6pm that did not fit the “shiftwork” definition in the Building and Construction General On-Site Award, and would only attract a 30% loading instead of award-prescribed overtime penalty rates.



“It’s a huge win, one that’s five years in the making,” AWU National Secretary Dan Walton says.   Smiley



“The bosses didn’t want to pay overtime rates to their workers, by wrongly claiming the workers are shiftworkers.   Sad



“In what is a hugely casualised workforce, companies have been short-changing their casual workers by treating them as if they were on a regular timetable.



“If you work irregular, unsociable hours overnight, employers should pay you night rates. They can’t just pretend the workers are shiftworkers.”



D&D had argued that the nature of civil construction work covered by the BCG Award was project-based, as traffic control work moved with civil projects as roads were closed, and construction took place on roads or bridges and other civil works.



But in February FWC Deputy President Bryce Cross held that D&D’s non-union agreement failed the BOOT after finding that, while the BCG Award “operates on an assumption that there will be a rotation of shifts unless agreed otherwise by employees”, the agreement did not.



He said there “cannot be a rotation of shifts across an entire enterprise that engages workers at various different worksites in different cities and regions”.



He invited D&D to provide an undertaking that overtime rates “will apply to work that is not shiftwork”, but the company refused, citing “serious cost and other implications”, and lodged an appeal.



This week the FWC Full Bench rejected that appeal and reaffirmed Deputy President Tony Saunders’ 2019 finding, that shiftwork rates only apply under the BCG Award if employees continue the work of others on the same project, for the same client and contract.



The bench said the award’s shiftwork definition required the continuation of operations by a group of employees on work which another group of employees had engaged in previously. This connoted “at the least, a two-shift system of operations”.



It said the “night-shift” definition in the agreement, however, did “not contain this requirement for the continuation of work at all” and “simply provides that any work shift starting on or after 6pm and finishing on or before 6am is a night shift”.



“Thus, it would permit a ‘stand-alone’ night shift worked within those temporal parameters to be paid at the 30% shift loading even if there is no preceding shift worked anywhere in the enterprise in question.”



As the proposed D&D deal’s base rates were “only very marginally above” the BCG Award’s, the bench said this “would necessarily be a major detriment under the agreement for night workers which would cause it to fail the BOOT”.

If you are not sure what you should be getting paid for working nights – contact your AWU organiser – if you’re not an AWU member join today!
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Grappler Truth Teller Feller
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Re: The Bosses Didn't Want To Pay Overtime Rates
Reply #1 - Jul 26th, 2021 at 4:08pm
 
... but.... but... but... the Chinese man traffic controller springs out of bed at 4pm ready to stand a watch all night in the rain and snow and wind to show his worth to his boss.... so instead of remaining at the lowest and most frozen rung of society, the boss will happily promote him to Senior Traffic Controller on worksites, and as reward for his dedication and hardiness, only in the most trying conditions..... and so he proves his heroism and worth to the owner ... such a man does not ask for overtime payment of chode penalty rates of the decadent West and its Fat Steves and Fatter Karens who wallow in KFC as a staple diet.... for him a cold rice ball at midnight is enough and a healthy fat-free diet to keep him trim... ... he knows his worth in his society and lives up to it every freezing night.....
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Re: The Bosses Didn't Want To Pay Overtime Rates
Reply #2 - Jul 27th, 2021 at 6:26am
 
Well said Ye Grappler, I wonder if in China they would give him a free pony ride.  Just wondering.   Grin
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Re: The Bosses Didn't Want To Pay Overtime Rates
Reply #3 - Jul 30th, 2021 at 12:36pm
 
Traffic controllers get a good hourly rate for their job. I would not be surprised that bosses do not want to pay overtime.
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Re: The Bosses Didn't Want To Pay Overtime Rates
Reply #4 - Jul 30th, 2021 at 1:37pm
 
Grappler Truth Teller Feller wrote on Jul 26th, 2021 at 4:08pm:
... but.... but... but... the Chinese man traffic controller springs out of bed at 4pm ready to stand a watch all night in the rain and snow and wind to show his worth to his boss.... so instead of remaining at the lowest and most frozen rung of society, the boss will happily promote him to Senior Traffic Controller on worksites, and as reward for his dedication and hardiness, only in the most trying conditions..... and so he proves his heroism and worth to the owner ... such a man does not ask for overtime payment of chode penalty rates of the decadent West and its Fat Steves and Fatter Karens who wallow in KFC as a staple diet.... for him a cold rice ball at midnight is enough and a healthy fat-free diet to keep him trim... ... he knows his worth in his society and lives up to it every freezing night.....



whiteknight wrote on Jul 27th, 2021 at 6:26am:
Well said Ye Grappler, I wonder if in China they would give him a free pony ride.  Just wondering.   Grin


Grin Grin Grin
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Re: The Bosses Didn't Want To Pay Overtime Rates
Reply #5 - Jul 30th, 2021 at 4:43pm
 
UnSubRocky wrote on Jul 30th, 2021 at 12:36pm:
Traffic controllers get a good hourly rate for their job. I would not be surprised that bosses do not want to pay overtime.
they deserve it as far as Im concerned, what a sh1t job.
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Re: The Bosses Didn't Want To Pay Overtime Rates
Reply #6 - Jul 30th, 2021 at 5:00pm
 
UnSubRocky wrote on Jul 30th, 2021 at 12:36pm:
Traffic controllers get a good hourly rate for their job. I would not be surprised that bosses do not want to pay overtime.



I'd like to see you stand out in the sun in the middle of summer for 8 hrs . Or rain, depending on where you live.
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Re: The Bosses Didn't Want To Pay Overtime Rates
Reply #7 - Jul 30th, 2021 at 11:29pm
 
Grappler Truth Teller Feller wrote on Jul 26th, 2021 at 4:08pm:
... but.... but... but... the Chinese man traffic controller springs out of bed at 4pm ready to stand a watch all night in the rain and snow and wind to show his worth to his boss.... so instead of remaining at the lowest and most frozen rung of society, the boss will happily promote him to Senior Traffic Controller on worksites, and as reward for his dedication and hardiness, only in the most trying conditions..... and so he proves his heroism and worth to the owner ... such a man does not ask for overtime payment of chode penalty rates of the decadent West and its Fat Steves and Fatter Karens who wallow in KFC as a staple diet.... for him a cold rice ball at midnight is enough and a healthy fat-free diet to keep him trim... ... he knows his worth in his society and lives up to it every freezing night.....


Quote:
Senior Traffic Controller on worksites


The senior Traffic controller likely does not do the night shift and would have no idea that this guy was undermining other employees in this way. Nobody cares what he is doing. Shift workers seldom get promotion in most companies, if they were related to anyone important they would not be working shifts.
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Re: The Bosses Didn't Want To Pay Overtime Rates
Reply #8 - Jul 31st, 2021 at 1:34am
 
whiteknight wrote on Jul 27th, 2021 at 6:26am:
Well said Ye Grappler, I wonder if in China they would give him a free pony ride.  Just wondering.   Grin



Holiday At Aquascoot's ....all the pony rides he can take... shift lag might be a killer, though... heat stroke in Winter down here...weekend at burnies on the bum .....
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« Last Edit: Jul 31st, 2021 at 1:49am by Grappler Truth Teller Feller »  

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Re: The Bosses Didn't Want To Pay Overtime Rates
Reply #9 - Jul 31st, 2021 at 6:18am
 
John Smith wrote on Jul 30th, 2021 at 5:00pm:
UnSubRocky wrote on Jul 30th, 2021 at 12:36pm:
Traffic controllers get a good hourly rate for their job. I would not be surprised that bosses do not want to pay overtime.



I'd like to see you stand out in the sun in the middle of summer for 8 hrs . Or rain, depending on where you live.


Or in winter ... especially at night as I have seen on our highways during upgrades.

My fur coat they deserve it......

not that Rocky would know he's never held a full time job.
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Re: The Bosses Didn't Want To Pay Overtime Rates
Reply #10 - Jul 31st, 2021 at 9:53am
 
Gnads wrote on Jul 31st, 2021 at 6:18am:
John Smith wrote on Jul 30th, 2021 at 5:00pm:
UnSubRocky wrote on Jul 30th, 2021 at 12:36pm:
Traffic controllers get a good hourly rate for their job. I would not be surprised that bosses do not want to pay overtime.



I'd like to see you stand out in the sun in the middle of summer for 8 hrs . Or rain, depending on where you live.


Or in winter ... especially at night as I have seen on our highways during upgrades.

My fur coat they deserve it......

not that Rocky would know he's never held a full time job.



driving back from Airley beach a few weeks ago, along a stretch of highway near Mackay there were roadworks  ... the traffic controller was in his beach chair sleeping under the shade of a tree (was about 27degrees that day)

to be fair, he had nothing to do and was most likely only there due to council requirements ... the work was a fair distance to the side of the road where they were felling trees so as to prepare for future road widening (at least that's what it looked like to me) ...... there was zero impediment to the traffic on that stretch
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Our esteemed leader:
I hope that bitch who was running their brothels for them gets raped with a cactus.
 
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UnSubRocky
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Re: The Bosses Didn't Want To Pay Overtime Rates
Reply #11 - Jul 31st, 2021 at 10:09am
 
rhino wrote on Jul 30th, 2021 at 4:43pm:
UnSubRocky wrote on Jul 30th, 2021 at 12:36pm:
Traffic controllers get a good hourly rate for their job. I would not be surprised that bosses do not want to pay overtime.
they deserve it as far as Im concerned, what a sh1t job.


Not arguing that. Just arguing that "bosses" have a budget that they do not want to overspend.
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Re: The Bosses Didn't Want To Pay Overtime Rates
Reply #12 - Jul 31st, 2021 at 10:20am
 
John Smith wrote on Jul 30th, 2021 at 5:00pm:
UnSubRocky wrote on Jul 30th, 2021 at 12:36pm:
Traffic controllers get a good hourly rate for their job. I would not be surprised that bosses do not want to pay overtime.



I'd like to see you stand out in the sun in the middle of summer for 8 hrs . Or rain, depending on where you live.


$29.75/hr and $58,000 per year -- minimum. They are not cheaply paid to stand out in the sun in the middle of summer for 8 hours. Or rain, depending on where they live. I did pizza deliveries in my teens. 6 hour days driving around in 30 to 35 degrees heat for lunchtimes. $7.50/hr (plus $1 per delivery). Considered one of the more dangerous jobs in the country, behind several other jobs.

Yeah, I think I could handle it.
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Re: The Bosses Didn't Want To Pay Overtime Rates
Reply #13 - Jul 31st, 2021 at 10:23am
 
Gnads wrote on Jul 31st, 2021 at 6:18am:
John Smith wrote on Jul 30th, 2021 at 5:00pm:
UnSubRocky wrote on Jul 30th, 2021 at 12:36pm:
Traffic controllers get a good hourly rate for their job. I would not be surprised that bosses do not want to pay overtime.



I'd like to see you stand out in the sun in the middle of summer for 8 hrs . Or rain, depending on where you live.


Or in winter ... especially at night as I have seen on our highways during upgrades.

My fur coat they deserve it......

not that Rocky would know he's never held a full time job.


I have worked 60 hour weeks for a month straight. I could handle 50 hour weeks standing around with a sign in hand and watching for traffic.
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Re: The Bosses Didn't Want To Pay Overtime Rates
Reply #14 - Jul 31st, 2021 at 10:36am
 

It's a crappy job - they deserve as much pay as they can get.

I know a guy who owns a traffic control company, and he looks after his guys, and gals, very well.

Speaking of the gals - here in Perth, there are an awful lot of lesbians working in the industry.

The guy I know tells me that there are even a couple of exclusively lesbian traffic control companies operating here.

Not exactly sure why they're attracted to the industry   Undecided
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