Is there any labour laws in Australia?

mail

Hi my son went to Australia 5 months ago and got a job with a construction firm, he is a carpenter. He starts work at six in the morning and works until around three in the afternoon . In this time he is only allowed fifteen minutes break. Surely this is not right in the heat, but hasnt said anything about it just gets on with the work. Now I know he is grateful for the work ,but we are not exporting slaves. If we treated someone here like that there would be holy war, so is this against the law? He is also made to pay his own tax, how does this work? should the employer be stopping the tax? Any advice would be appreciated I dont want to see him being exploited which I fear is happening, thanks

Tigerandahalf

The work hours you describe are pretty standard for construction. They normally start around 7am and finish around 3pm. That can vary from company to company. Your son is a migrant so he can't expect to walk into a really good solid job. Just look at the Polish here.
Paying his own tax is very common in the construction sector in Oz especially when you are working with a small firm. The worker gets an ABN (Australian Business Number..I think!!) instead of a normal TFN (Tax File Number..like our PPS no.). There are good and bad points about this. Most lads don't bother declaring and paying any tax. It's a winner for the employer as he can pay less money and doesn't have to be worried about paying employer taxes. Effectively, the employee is on contract. It's the normal way things are done in Oz especially if you are working with a small firm.
As for the small tea breaks, well he's on a WHV I presume and if he doesn't like it he can always move onto another employer. A couple of 15/20 min breaks would be standard I'd say. Don't worry about him...a bit of hard work out there will make him appreciate the bacon n cabbage a bit more when he comes back!

Zambia

Does not sound the best but a lot of what tiger said is not far off the mark. If he is on his own ABN then he is a subbie and as a subbie should be looking after his own breaks. The employer will probably not care as long as the work is done.

However maybe someone more in tune will come along and answer this if I bump it.

old_aussie

If he is an employee he is covered by award conditions.

If he's a subbie he makes his own rule as to how long he works and what breaks he takes, just a long as he completes the job he contracted to to in the approximate time frame allowed.

Safety rules apply to employees and subbies.

mandrake04

Labour laws are pretty strong in Australia as are the unions, in general there should be a break every 3 hours (morning smoko/lunch/afro smoko) onsite water & sunscreen etc. This is enforced by workcover.

Like said before most WHV tradesmen ( especially chippies) work ABN as a subbie per hour rate brcause they like to keep the top line without paying tax etc.

PhiliousPhogg

Hopefully if he's reliable & smart he can make some contacts & find a better employer. If he's a qualified carpenter he should be ok for finding decent work - the qualification is recognised in Oz right?

Whereabouts is he, out of interest? I think Sydney & brisbane have better communities of Irish tradesmen than Melbourne.

eightyfish

I'm working fruit picking in SA and those hours are pretty standard. You get paid for your break, and you really do get used to it after a week or so.

mail

thanks for the replies, he is in Perth and he is very happy to work as many hours as he was unemployed before he went, I just thought it was a bit harsh considering the heat, dont get me wrong i dont mind long hours myself but would find it draining in that heat, I would be a bit doubtful though about the self employed thing as he would be better off paying some tax in case he would get into trouble with the taxman.

Zambia

But he will pay tax I would be horrified to think an irish backpacker would return to ireland. Leaving a tax bill.

Claasman

Zambia232 wrote: »

But he will pay tax I would be horrified to think an irish backpacker would return to ireland. Leaving a tax bill.

:pac