I am working as a security guard, at the same site for 8 years. A new company has taken over the contract and is now

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Customer: I am working as a security guard, at the same site for 8 years. A new company has taken over the contract and is now changing our roster we work 7 days a fortnight including one weekend. This makes our income a lot better than ordinary hours. However, it appears they want to bring in another back up guard and they will be rostering him on weekends. Do we have any say in our roster? thank you.
JA: Are you hourly or salaried? How many hours do you work each week?
Customer: Hourly we were working 84hours a fortnight with any hours over 76 paid as overtime on the last shift. We agreed to work 12 normal hours per day. With our initial company we did not have any overtime as the excess hour were deemed our normal roster as it helped our site.
JA: Where are you located? Overtime laws vary by state.
Customer: NSW
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Only that they have issued us with three contracts so far. The first was standard. The second we thought was to include the Clause 13.3c of the Security Award and that we would not be paid overtime we were all in agreeance. Then the first fortnight pay penalty (weekend) were missing from our wages. We contacted they said there was a miscommunication as we received a level increase which they kept saying remove the overtime. We never agued about the overtime we were concerned regarding the penalties. The third contract has now basically gone back to the first with the inclusion of clause 13.3c and a new probation.
Answered by John Melis in 5 mins 1 year ago
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John Melis, Expert

Hello, I’m John Melis, a solicitor in Australia, and I’ll be helping you with your question today.

​The detail you provided shows there is workplace bullying.

Bullying may involve a wide range of behaviour; for example, it includes harassment, victimisation, discrimination, abusive, insulting, offensive language or comments, and spreading misinformation or malicious rumours.

In your case, you fit into the category of bullying conduct in the broader sense. That means you will be able to raise a claim for compensation and workplace protection.

I invite you to make an application to stop bullying under the Fair Work Act with the Fair Work Commission.

You may use the general protection provisions form on the Fair Work Commission website. You may apply today.

Fair work will contact you to discuss your matter.

Does this help with your question today?

Customer
No not really, I am really interested in getting an answer as to our legal rights with long term rosters.
Customer
No I won't ring. Thank you anyway. bye
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John Melis, Expert

Thank you for your follow-up. Your rosters are subject to your employment agreement. In your employment agreement if it says that you must comply with the reasonable direction of the employer, then your rosters will be subject to that condition of your employment agreement. I suggest you review your employment agreement accordingly.

Have I answered your question? If any part of my response is unclear, please let me know. It’s my goal to deliver excellent service, so please let me know if there is anything more I can do. Thank you for using our site.

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