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Backpackers Working In Australia - A Guide to Knowing Your Employment Rights
Knowing your rights as an employee in Australia are so important...
Backpackers Working In Australia - A Guide to Knowing Your Employment Rights.
See that photo at the top in the header there? Well that was me working on a farm, where despite the heat, the dust and the remote-living, we had a truly amazing time. Actual life-changing stuff.
What came after wwoofing, wasn't so awesome.
I have spoke on the blog before the dream job which turned into a nightmare. I briefly alluded to why that job didn't work out. I still do not desire to dredge it up in a detailed manner, and if I did, I would find myself down all over again, when I have already been through a raft of emotion already. Safe to say its the most negative work experience I have had not just in Australia, but in the entirety of my working life, including when I worked at a bank in a sales and customer service job that I hated.
That sales job literally drove me to depression, but somehow, this was worse...
Landing on Fraser, before arriving at the 'dream' job..
I don't think it is beneficial to my audience or to myself to outline every way in which my recent employer may or may not have been paying very blurred attention to the rights of their employees. Or to go over why we stayed there for two months and tolerated our grievances (clue: we needed the money).
What will be beneficial is to try and help people in my position, who have either found themselves in a difficult job whilst backpacking, or who want to know before-hand what they can do to protect themselves.
First off, it's not cynical to expect or predict that employers will try and exploit you because you are a backpacker. A backpacker traditionally works because they really do need the money if they are to continue their travelling dreams, so some employers will 100% play on this fact, try to short-change you, over-work you etc.
You are not an Australian citizen (who do by the way, also get regularly messed around), you are generally less aware of your rights and thus ignorance is their bliss.
This is not cool, SO not cool (Walking Dead Finale reference, makes this phrase way more sinister).
Always remember your worth, and what you have to give. You are a skilled and worthy human being, not an ignorant idiot primed for manipulation. You do not need to suffer the shit of unscrupulous assholes. I am a big believer in Karma, and if these people are okay with mistreating ANYONE under their employment, then they will eventually be punished by the law. But we don't have to let them get away with it by suffering through it, or not reporting them to Fairwork.
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HERE WE GO, 6 STEPS TO KNOWING YOUR RIGHTS AND PROTECTING YOURSELF:
1
From a practical stance, when you are looking for jobs and replying to adverts (on sites like Gumtree, less so the likes of Indeed or Seek), it's worth noting how much information is being willingly given in that ad. A company or person who delivers limited info, info that allows you to know exactly what you are going into, is to be treated with caution. If they continue this level of guardedness when you reply to an ad, consider why they are not being upfront by providing the information that anybody would need to make an employment decision. Just listen to your gut. It's the old adage, if something seems to good to be true, it probably is. The best way to be, is to apply for a job with equal parts info on yourself with questions for the employer.
2
If you are offered a job, and you accept, insist upon a few things. Ask for a dated document which states your name, your employers name, ABN (Australian business number) your hourly award wage (refer to this to check what the awards are for your industry as standard: list of awards) a full explanation of your role and responsibilities, and your expected employment hours. This is definitely not a standard thing that every employer will provide. Many will not willingly tell you your pay-rate, you are left to discover that on your payslip.
But let's not beat around the bush, you are only working because you need money, there is no need to behave as if it's something you shouldn't ask about. You absolutely should, and need to, to make sure your employer is meeting the industry standard. If they want to ensure the rights of their own employees they will oblige in writing up an email or document listing all these things. If you wait until you are a few weeks into a job, enjoying the income, and then all of a sudden you realize not only is your pay-grade wrong, but you find yourself being asked to do things way beyond your original job description, it's kinda too late. Not too late to leave, but it's too late to not be exploited. You already have been.
3
When you accept a job, and are informed of your role and your pay-rate, you can check this out and make sure it is correct. If in doubt just email or phone Fairwork to discuss. I recommend downloading the award documentation online, and reading through it. It goes into a lot of detail on exactly what your employer/employee relationship should be. It covers things you might not even consider, and thus you could be mistreated in ways you never would have realized had you not read the documentation. For example, if you work somewhere which includes living on-site in employer provided accommodation, there are rules around what they can reasonably charge you for board and food. Don't get ripped off!
4
It's not unreasonable in time to maybe expect your job to alter or your responsibilities to change but this should be the result of a conversation, and a mutual agreement, not something that is put onto you at short notice. If you feel uncomfortable or out of your depth in a part of your new responsibilities, you must be honest. You DO NOT have to do something that compromises your safety, that of others, or your personal well-being. It is the sole responsibility of your employer to hire people with the correct skills for a particular job role, it is not down to you to meet the short-fall, without any training or consideration for what you want to do in the job. Of course if a change of role is agreed upon, trained and brings a new level of skills to you for future employment, embrace it, but do not feel like you must do it if it becomes apparent that you cant.
Our tent on Fraser Island, this was our home for 2 months!
5
Ensure you receive your payslip every pay-round. Aussie businesses frequently email these through, ensure you give the correct email address and always follow-up if it is not received. Read here to find out what your payslip should include every time. When you leave a job be sure to ask when your payment summary will be sent, either to you or the tax office, at the end of the tax year, or on leaving. This will be a required document for when you do a tax return. A tax return will be a requirement if you undertake regular paid employment in Australia. Head here for info.
6
Always provide your employer with the name of your superannuation account and
tax file number. PRO TIP: Always provide your TFN to your super account during the application process or contributions are taxed at 45%! You can ask your employer or payroll how often they pay your superannuation into your account as some employers pay it every quarter, some every pay round.
Some super accounts will actually be closed if they do not receive funds within a quarter and so it's good to bear this is mind. When an employer has supposedly paid your super, you can usually log into the account online to verify this. Don't assume it's paid and wait until you leave Australia to then claim it back, to find its not been paid. I know of companies who have not paid peoples super and they have had to try and get it out of them.
To learn about what super is, and how to open an account, head here. I will have a post about this and all other important things to do with Australian banking, tax etc soon, so sub to the newsletter below to know when it's out!
There is no way to 100% ensure that an employer won't, at some point in your employment, treat you questionably.
But there are rules in place to protect everyone, including backpackers, who are not 2nd class citizens exempt from respectful and lawful treatment. I hope this advice prevents someone out there going through what we did, and if so, our experience wasn't in vain.
Thanks for reading!
Hannah and Taran here. We hail from Southern England, where we met online and are now realizing our mutual passion for travel here at Nomad'erHowFar. We discuss Nomadic Living, Simplifying your Life and Long-term Travel, to empower, motivate and inspire our readers. Get to know us here!
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Paradise Lost (Leaving Fraser Island)
We have returned to the life of travel, having lived on a farm for 3 months and an island for 2!
Paradise Lost - Leaving Fraser Island
Its 10am, a warm 28 degrees in Rainbow Beach, Australia.
Myself, Taran and Sean (our mate from England whose currently visiting and travelling with us) are sitting beside a pool, taking cover in the shade after a few too many rays yesterday. Only 24 hours ago we were still on Fraser Island, a special place that had become home over the last 2 months. We lived in a safari tent, just up from a beach, on the grounds of an extremely popular holiday resort (and the only privately owned campsite on the island). We worked hard for 2 months, pulling a few long stretches with very few days off, and do you know what, it simply got old. Living on a tropical island got old.
The only place we could get signal...
We just couldn't do it any more. Maybe it was the fact we had come from a farm, another remote living situation, straight into an intense workplace, also in a super isolated spot.
We just got to a point within our 5th month of being away from civilisation, where we just needed to re-join it. Not least to come back to our passion of doing this blog. We had half-decent internet at the farm and we didn't feel entirely disconnected from the website, but there's a lot that goes into this blog, and only now, having come back to 'mainland' (as it will always now be referred to since island living) can we fully absorb back into the swing of it.
Not to say we wont be doing some full on travelling having worked hard for 5 months. We are off to Airlie Beach and the Whitsundays in the coming days, to experience the extreme beauty that is Whitehaven Beach.
But for a brief moment, we are resting up, enjoying the chilled vibes of Rainbow Beach, whilst being able to just decompress a little. It definitely does something to you, being isolated, spending all your days with a tight-knit group of individuals. When you re-join the masses back on mainland, its jarring, comforting and bizarre all at the same time. We suddenly have free time again, time stretching out ahead of us that is ours, that we can mould and plan as we wish. We are away from the stresses of working in a busy resort during peak season, finished with what was a more difficult phase of our 10 months in Australia.
Some evenings, after a packed day, I'd lay down to read or relax after work, and sink into a deep sleep. Then at 6am I'd groggily wake up for another 12 hour day, feeling a bit of a dread for what I knew would be another crazy day. It was draining, but also fulfilling and fun too. The team were such a great lot, all working hard together to get through our hectic days. We could all relate with missing our families and friends; island life isn't really conducive to messaging let alone skyping home. So that added to the homesickness I felt for the last month or so, which prompted us to hand in our notice a few weeks before we had originally planned to leave.
It feels like the right decision to have made, as I sit here feeling reinvigorated and back in touch with the creativity that has been absent for a while now.
Admittedly, our bank accounts aren't as bursting as we'd of hoped, nonetheless there a bit fuller. Enough to travel some more, relax a lot more and blog a hell of a lot more...
Now check out our best photographs from Fraser Island!
Thanks for reading!
Hannah and Taran here. We hail from Southern England, where we met online and are now realizing our mutual passion for travel here at NomaderHowFar. We discuss Nomadic Living, Simplifying your Life and Long-term Travel, to empower, motivate and inspire our readers. Get to know us here!
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Taran & Makoto here, together we form Nomader How Far photography.
Check out my photo journals