I'm in the car trade Rehctub.

I'm sure Belly would know as you say Rehctub, but I myself have intimate knowledge on this subject. I did approach Workchoices at the time, through my local member about unpaid work hours. Their reply in writing explained that the work practices I described were illegal and it was my right to pursue them. At my cost.

Previously I could have approached the Union relevant to my industry and Arbitration would have sorted these matters for free. The onus is upon myself to produce the evidence and to some extent always was in a totally non- union workplace. Every pay slip I have ever received in the car trade, says I have worked 38 hrs, even though I have worked approx 56 hrs. How can I supply evidence.

I must stress that these long hrs are because of the operating hours of the business, our contractual obligations, not because of customers.

Motor trade contracts institutionalise 16 -20 unpaid work hours per week.
In fact most of the time is spent waiting or searching for customers.

I do agree that the small business era is over. We see evidence of this with major corporates taking over the Retail sector, pricing competition out of the market. Another piece of evidence of the damage done to trade practice and consumer protection laws.
It is your corporate overlord that will decide the fate of your small business Rehctub, not the amount of money you spend preserving the living standards of your employees.

The work practices I describe above are illegal even now, but no one in Gov't will make them stop doing it.

You could be worse off than this and be employed on a casual basis, have no holiday or sick leave, penalty rates or job security, or be a guest worker on an offshore oil rig , painting for $3 an hour, while your corporate employer claims to not be the one employing you and therefore not breaking any laws. (Although there has been legal action about this one).

The balance is not right now.

thinker 2 Rechtub is the homing pidgin that never quite makes it home on subjects like IR.
First in truth you should talk to Union,yes they will ask you to join.
FWA is not the Howard foolishness, not in any way fair and balanced but not useless.
It is my belief no costs to you comes from contacting the workplace Ombudsman.
If you are billed get to a union! I would have killed for such an account/theft just for asking for a fair go.
Now important! your contract or agreement ,when was it signed.
If it ran out by now, post Howard's law, you must be.
consulted and informed in writing before it is registered.
if not it is not a legal document.
Rechtub, you get heated about your over heads your wages bill every thing.
Tell me
please
why do you question thinkers 2 rights to fair work conditions?
tell me mate what makes you tic?

T2, you say >>At my cost.

Something that labor set up but I did warn you all.

Now I am assuming you sell cars.

Well, most car sales positions (QLD) pay a 'base wage' plus a commission on the cars they sell. Right?

They also don't get paid for Saturdays, it's an 'unwritten law', however, it is also usually the best day of the week and you are more likely to sell more cars this day which equals more commission.

How am I going so far?

Now, if you can't sell cars because the boss is not running his/her business well, then go elsewhere as good sales people are hard to find and even harder to keep. So if you are good, then there are plenty of jobs out there.

Now I note you have avoided the questions about the personal use of the bosses time and computer.

Would you like to answer this?

And belly, I know IR laws pretty well as I am one who has to provide a profitable business which in turn provides the very jobs that you lot are out to protect.

Perhaps you may also be interested in T2's answers, if he/she chooses to answer them.

In the interim, are you suggesting that me asking if there was any private use of bosses time and computer in Lu of the $9 per week was in any way unfair.

If you are then you are definitely a 'one eyed' unionist through and through.

Give and take is a two way street, don't you think?

thinker 2
You can still make a claim with FWA via a signed Statutory Declaration that you have worked more hours than those marked on your pay slip.

You can also garner support and signed witness statements from other workers including past employees if some can be found.

Some legal firms will do pro bono or 'don't win don't pay' type arrangements but be careful to know what the final fee might be as it might take up most of your payout unless the Court awards legal costs to the loser.

I'd answer your response with absolutely no fear or favour Rehctub.
Thanks for your advice and input Pelican.

Firstly you make it sound like working Saturday for no pay is a privilege or choice I'm making. But of course I have no choice in the matter.Now we work Sundays with similar conditions.

I have no choice but to accept the payslip weekly in which the detail regarding the hours I have worked is falsified.

I've had to accept that my commissions attracted no super payments until recently when the Rudd/Gillard Govt forced motor trade employers to pay super on commissions. In the past you were only payed super on your falsified 38 hr payslip.

Another component in my current situation, is that a delivery target set monthly can and does exclude me from payment of commission for cars I have sold at all, should this target not be reached.

Another uncomfortable fact for you Rehctub will be, that should I take time off for any reason other sickness or leave, that would be extracted from the 38 hrs on my pay slip, not given back in lieu of any unpaid hrs I may have worked.

Considering the 16 to 20 hrs a week that goes unpaid each and every week, any time spent on non work related things during the hrs I am being paid is not a matter of give and take, but in fact way out of whack. Our internet usage is monitored by geeks and filters, and the very truths I am extolling during this post may well cost me my job no matter how good I am at selling cars Rehctub.

This of course would be totally unfair dont you think Rehctub, so instead of asking for some balance just answer Belly's question about why you object to person asking for their due entitlements.

And finally to state that the current "at your own cost" industrial system has any thing to do anyone other than John Howard is just wrong,deceptive or a deliberate attempt to mislead.

when i learned real estate
i learned all about ral estate
in other words learned to recognise value

thinker you know about cars
dont get your commision..in cash
get it in cars..tradeins

[that you know can/could bring in..more than the wage]

from what i hear[and see]
many are sold for scrap or wrecking
you can buy them[sorry get them at cost]
then either sell the parts yourself...

[the bits are worth more than the whole]
its a matter of working smarter..not harder
[tell the boss you will do those 'hard times']
for free..and take your return in trade

the other 'easy' days..let your fellow workers do them
[while your on selling your trade..for income]

do what you know to do..better
[sorry if i sound trite..i know working smarter worked for me]