AUT: Unpaid overtime could be illegal - Labour Council

[pmargin@xxxxxxxxxxxxxxxxxx (Profit Margin)]

Australian Financial Review
AAP
Jan 5, 1999
http://www.afr.com.au/content/990105/update/update31.html

Unpaid overtime could be
illegal - Labor Council

Employers could be breaking the law by forcing
staff to work unpaid overtime, the New South
Wales Labor Council said today.

Council secretary Michael Costa said most
workers in NSW were covered by industrial
awards which required employers to pay
overtime and penalty rates where people were
working non-standard hours.

His comments followed the release of research
yesterday which showed Australians were
working longer hours than they were two years
ago and that the majority were not getting paid
for the extra time spent on the job.

The survey by human resources company
Morgan and Banks found all employees were
working at least an hour more than they did
two years ago, with 74 per cent putting in
between five and 10 extra hours.

Mr Costa said while the trend in recent years
had been towards labour market deregulation,
protections for workers still existed through the
award system in NSW.

"Workers should be aware of these rights.
Don't just assume that if your boss tells you to
work back late without pay that you are under
an obligation to do so," he said in a statement.

"Employers relying on unpaid overtime to
maintain their business' viability are not just
contributing to unprecedented levels of stress in
the workplace, they are also being shortsighted
because this form of human resource
management lowers firms' productivity and,
ultimately, competitiveness.

"Employers could also be breaching
occupational health and safety laws which
require employers to provide a safe place of
work," Mr Costa said.

He said the statistics confirmed Australian
Bureau of Statistics figures released last year
showing one million hours of unpaid overtime
were being worked every week in the finance
sector alone.

The Labor Council plans to hold a conference
in February to canvass responses to the issues
around working time.

Mr Costa said it would consider a test case on
job security through the NSW Industrial
Relations Commission and other legislative
responses.
 AAP



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