If your employer wants you to work or you are already working casual hours and you are a trainee, your employer is not following the law.
The Fair Work Act 2009 (Cth) led to the introduction of the Modern Awards in 2010, which prescribe wages and employment conditions for employees. All existing Modern Awards provide that no matter what industry a trainee is in, Schedule E of the Miscellaneous Award 2020 sets out the conditions of employment for employees undertaking traineeships.
Schedule E of the Miscellaneous Award 2020 provides that trainees can only be employed on a full-time or part-time basis. Employers are not allowed to employ trainees as casuals.
If you are a trainee and you have been working casual hours, you may have a claim against your employer. Please call us on (03) 5722 4681 to find out what options may be open to you.
MORGAN COUZENS LEGAL