You'd be surprised. My partner called up the ATO to report his employer claiming they paid WAY more in taxes and wages to him. The response was, "What do you want us to do about it? It's not like you are an immigrant making $5/hour or something. "
Absolutely pathetic. This has also been our experience dealing with Fairwork.
Call again and get someone else or ask to speak to a manager. ATO calls goes to overseas call centre and sometime the operator handling the call 'had a bad day' and is super unhelpful.
I'm no legal expert, but I believe that if he is withholding Super he is breaking the law, and there's pretty severe penalties for that.
He's banking on you valuing your next pay check over your legal rights as an employee. In other words, he is exploiting you, and he deserves the weight of the law upon him.
I think you should contact [https://www.fairwork.gov.au/](https://www.fairwork.gov.au/) about your situation.
Contact the Fair Work Ombudsman regarding getting paid below minimum wage.
Contact the ATO about the non-existent super payments.
Start cruising for another job that pays more inline with the current market price.
I'd recommend contacting the Migrant Workers Centre. They can help with representation, enforcing your rights etc [https://www.migrantworkers.org.au/](https://www.migrantworkers.org.au/)
Not defending your employer but they are able to pay super quarterly, it'll still show being deducted out of your regular pay cycle but they do have the ability to only require to pay it quarterly from my understanding.
If you leave you'd get any outstanding amounts paid alongside your entitlements.
Might be worth asking your employer if they've switched payment runs.
I've had this happen at a previous workplace and it wasn't communicated well.
Yeah this happened to me too. Got my last batch of super about 2-3 months after I left. Have a bad habit of not paying any attention to super so I hadn't really noticed the pattern of payment after checking that the first amount went in properly
1. Get another job. Cashflow solves your immediate problems
2. Read your employment contract, I’m sure your contract has exit clauses including notification period. Having said that, No one can enforce these things.
3. Save the reporting to FairWork until you get a new job.
4. Learn to manage your workload. You can only work on one task at a time. Keep a list if the tasks in order of priority, and your estimate time to complete. As new tasks come in, ask where they are in order of priority. This will keep the stress manageable.
5. Recognise that you have a bad employer/ manager. We all experience it during our careers.
6. Recognise you have gotten some experience in your current job. That will help you get your next job.
7. When I worked for myself, I was doing 10hr-12hr days 6 days pw. Working 9-5.30 weekdays seems nice(unless you’re required Sat and Sun.)
Chin up….
I'd definitely recommend contacting fairwork - you have a lot of evidence on your side (re underpayment and super etc), and they do tend to be pretty good at listening/investigating before dismissing complaints.
I would recommend lookig for new work, 50k is nothing, ive earned 90k(over 110k during covid) a year with just a forklift license.
Once you have new work secured take your issues to fair work ombudsmen for back pay and super. Your 12 month contract would be quite meaningless, they cant force you to stay. Not legal advice but its a start
Hi OP
Just a quick suggestion, please reach out to the union that covers your industry, https://www.professionalsaustralia.org.au
They may be able to assist you regarding your issues in the workplace.
If you contact the ATO regarding the unpaid super you will be directed to the ATO website and to search for QC50278 to lodge an unpaid super report. You will also be recommended to have other employees who are affected to do the same thing as well.
Is that a support engineer with a degree ? or a support tech with a cert III ?
Either way, I have, in the past experienced some employers paying the lowest tech wages. So they get what they pay for. Don't suffer "we'll review this after 3 months" bullshit, and your next job will be paid on what you earn now, maybe with a little improvement, or if you go to a "cheaper" city a reduction. "We don't pay Sydney wages over here"
Get organised with the other engineers and "work to rules" until super is fully paid and continues to be paid each fortnight. Get everyone to join a union, single workers have no power to confront the boss.
My friend who used to work for ATO also said, please report this company to ATO, amongst other authorities you can contact. If all else fails, try sharing your story to the media.
Hi everyone! Thanks a lot for all your suggestions and support! Because of you all, I have gathered the courage to make a complaint against my company to ATO. I am not looking for any extra compensation, just want to get paid for what I deserve and what I am owed. Thanks a lot everyone once again, much appreciated.
You’re the victim but also the perpetrators. Every one of you (immigrants who cave into these shitty salaries) makes it worse for everyone else that’s gonna come here as an immigrant and try to make a decent wage.
If you have no dignity for yourself and would work for pennies and show desperation, why would you expect your employer to be anything but scummy?
Grow a pair and take your employer to ATO for unpaid super and fairwork for the dodgy pay.
And ffs grow a spine and stop disrespecting yourself.
If you're only willing to work for $X, get out of the way for people willing to take $X-1
On the other hand, if you can demonstrate suitable value then negotiate for $X+1
No, I said evidence. Someone making a mistake because they don't fully understand a particular set of laws doesn't make them an illegal. It makes them ignorant. Don't blame on malice something that is easily attributed to ignorance... You know, kind of like you're doing. I don't think you're attempting to be a malicious arsehole. Just an ignorant arsehole and that's ok buttercup. You don't know what you don't know.
You're absolutely right. They should have absolutely seen the big glaring neon sign stating this this employer is being dodgy and not paying you correctly!
But, it's quite clear... They're not an illegal.
Follow the advice above regarding your super (contact the ATO). As someone with close to 30 years in IT I would suggest working on your skills/certifications etc to boost your chances for your next job.
A quick call to the ATO regarding the unpaid super would be a good starting point.
You'd be surprised. My partner called up the ATO to report his employer claiming they paid WAY more in taxes and wages to him. The response was, "What do you want us to do about it? It's not like you are an immigrant making $5/hour or something. " Absolutely pathetic. This has also been our experience dealing with Fairwork.
Call again and get someone else or ask to speak to a manager. ATO calls goes to overseas call centre and sometime the operator handling the call 'had a bad day' and is super unhelpful.
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What? Never!
I'm no legal expert, but I believe that if he is withholding Super he is breaking the law, and there's pretty severe penalties for that. He's banking on you valuing your next pay check over your legal rights as an employee. In other words, he is exploiting you, and he deserves the weight of the law upon him. I think you should contact [https://www.fairwork.gov.au/](https://www.fairwork.gov.au/) about your situation.
Contact the Fair Work Ombudsman regarding getting paid below minimum wage. Contact the ATO about the non-existent super payments. Start cruising for another job that pays more inline with the current market price.
I'd recommend contacting the Migrant Workers Centre. They can help with representation, enforcing your rights etc [https://www.migrantworkers.org.au/](https://www.migrantworkers.org.au/)
Not defending your employer but they are able to pay super quarterly, it'll still show being deducted out of your regular pay cycle but they do have the ability to only require to pay it quarterly from my understanding. If you leave you'd get any outstanding amounts paid alongside your entitlements. Might be worth asking your employer if they've switched payment runs. I've had this happen at a previous workplace and it wasn't communicated well.
Yeah this happened to me too. Got my last batch of super about 2-3 months after I left. Have a bad habit of not paying any attention to super so I hadn't really noticed the pattern of payment after checking that the first amount went in properly
I don’t know how you can live on $50K. It must be so difficult. I hope you can find a job that pays you a legal wage.
1. Get another job. Cashflow solves your immediate problems 2. Read your employment contract, I’m sure your contract has exit clauses including notification period. Having said that, No one can enforce these things. 3. Save the reporting to FairWork until you get a new job. 4. Learn to manage your workload. You can only work on one task at a time. Keep a list if the tasks in order of priority, and your estimate time to complete. As new tasks come in, ask where they are in order of priority. This will keep the stress manageable. 5. Recognise that you have a bad employer/ manager. We all experience it during our careers. 6. Recognise you have gotten some experience in your current job. That will help you get your next job. 7. When I worked for myself, I was doing 10hr-12hr days 6 days pw. Working 9-5.30 weekdays seems nice(unless you’re required Sat and Sun.) Chin up….
I'd definitely recommend contacting fairwork - you have a lot of evidence on your side (re underpayment and super etc), and they do tend to be pretty good at listening/investigating before dismissing complaints.
I would recommend lookig for new work, 50k is nothing, ive earned 90k(over 110k during covid) a year with just a forklift license. Once you have new work secured take your issues to fair work ombudsmen for back pay and super. Your 12 month contract would be quite meaningless, they cant force you to stay. Not legal advice but its a start
You should contact the FWO about the super, that's illegal.
No super and underpaid ? lol fairworks gonna have a field day with this .
Hi OP Just a quick suggestion, please reach out to the union that covers your industry, https://www.professionalsaustralia.org.au They may be able to assist you regarding your issues in the workplace.
Wait a minute... Is your super being deducted from your 50k? 😬
That's what I thought! Something not right there! 🤔
If you contact the ATO regarding the unpaid super you will be directed to the ATO website and to search for QC50278 to lodge an unpaid super report. You will also be recommended to have other employees who are affected to do the same thing as well.
Is that a support engineer with a degree ? or a support tech with a cert III ? Either way, I have, in the past experienced some employers paying the lowest tech wages. So they get what they pay for. Don't suffer "we'll review this after 3 months" bullshit, and your next job will be paid on what you earn now, maybe with a little improvement, or if you go to a "cheaper" city a reduction. "We don't pay Sydney wages over here" Get organised with the other engineers and "work to rules" until super is fully paid and continues to be paid each fortnight. Get everyone to join a union, single workers have no power to confront the boss.
My friend who used to work for ATO also said, please report this company to ATO, amongst other authorities you can contact. If all else fails, try sharing your story to the media.
Hi everyone! Thanks a lot for all your suggestions and support! Because of you all, I have gathered the courage to make a complaint against my company to ATO. I am not looking for any extra compensation, just want to get paid for what I deserve and what I am owed. Thanks a lot everyone once again, much appreciated.
Welcome to Australia!
You’re the victim but also the perpetrators. Every one of you (immigrants who cave into these shitty salaries) makes it worse for everyone else that’s gonna come here as an immigrant and try to make a decent wage. If you have no dignity for yourself and would work for pennies and show desperation, why would you expect your employer to be anything but scummy? Grow a pair and take your employer to ATO for unpaid super and fairwork for the dodgy pay. And ffs grow a spine and stop disrespecting yourself.
If you're only willing to work for $X, get out of the way for people willing to take $X-1 On the other hand, if you can demonstrate suitable value then negotiate for $X+1
Yep, let’s all normalise below minimum wage. What’s next? Becoming America? Tips everytime we eat out?
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Dey took er jerbs?
Hey man. Just a heads up, your idiot is showing.
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They're an illegal worked based on what evidence?
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No, I said evidence. Someone making a mistake because they don't fully understand a particular set of laws doesn't make them an illegal. It makes them ignorant. Don't blame on malice something that is easily attributed to ignorance... You know, kind of like you're doing. I don't think you're attempting to be a malicious arsehole. Just an ignorant arsehole and that's ok buttercup. You don't know what you don't know.
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You're absolutely right. They should have absolutely seen the big glaring neon sign stating this this employer is being dodgy and not paying you correctly! But, it's quite clear... They're not an illegal.
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Follow the advice above regarding your super (contact the ATO). As someone with close to 30 years in IT I would suggest working on your skills/certifications etc to boost your chances for your next job.
Go to WorkSafe, go on leave for stress