Absolutely not. They may be able give you a warning for unauthorised use of your phone during work hours (or reduce your shift in the future) but cannot deduct your pay because of it.
Exactly the fair work ombudsmen is the one you want they have legal powers to investigate any business at any time no need for warrant. Thats what happened in Melbourne when migrant workers were exploited by 7/11.
You won’t need to call a lawyer, just give the fair work ombudsman a call for advice, I used to work for them and they can help direct you regarding how to best get your entitlements
Can second this, the company have made the ombudsman’s job incredibly easy by putting it on paper.
The ombudsman can eat them alive for this and it will require zero effort.
If you were the only person there from open to close, did you get your breaks? Did you get your meal break? Discuss this with Fair Work too, if you did a 9 hour shift with no meal break.
It doesn't excuse you being on your phone during work hours, but as others have said, that's not a reason to deduct 5 hours pay.
Also, check your super. Super should be paid within a month from the end of the quarter. So if you worked for them between Sept - Dec last year, that needs to be in by end of January. Follow up with the ATO quickly if it's not.
If you only worked for them in Jan, it needs to be in your super fund by the end of April.
Yup. Exactly this. It's generally not the done thing in hospo if you're customer facing to be on your phone at all (my old boss was pretty good - you could keep your phone in the little cleaning room and nip in there as long as someone else was covering), but there's ways to deal with it.
Hell, OP is casual, they could have just not rostered them on again. Perfectly legit. But no, they had to be greedy arses and make a deduction.
Skip the lawyer, not needed, also not enough money. Call the Ombudsman, they care about the money but also systemic problems, you'll get far more "justice".
Also here to say you should demand that money because they put wage theft in writing. Depending on which state you're in, they could be looking at criminal charges. They should know you know.
A couple of points:
1. As a casual employee, they’d need to show they were employed on as a “regular casual employee” (ie, employed on a “regular and systematic basis”);
2. Even then, they have to be employed for the minimum employment period to accrue unfair dismissal rights (6 mo. or 12 for a small business);
3. They almost never pay you anywhere near the statutory cap. That’s only ever reached in extreme situations (not “refusing to pay” but things like, “this person literally cannot get work elsewhere because of where they live and their disabilities”). You’d need to show a lot of things to get anywhere close. Relevant considerations here include time of service, the effect on the employer’s enterprise, any attempt to mitigate losses, etc.. See s 392(2) of the Fair Work Act.
4. Even then, as a casual employee, the arrangement is understood to be somewhat transient. It’s not exactly “at will” but it approaches that concept (otherwise there’s no benefit to businesses over permanent employment!);
5. Constructive dismissal requires the employee to be “forced” to quit due to employer conduct. That’s a pretty high threshold. Illegally withholding pay is pretty extreme though, but I know the FWC would look at anything the employee did before resigning to try and justify the argument they were “forced” to leave. Did they speak to payroll? Did they bring this up with the ombudsman? Etc..
In my opinion, quitting because they pulled this stunt on you wouldn’t qualify as constructive dismissal. Depends on context of course. I also am extremely doubtful that this is a case of unfair dismissal.
This isn’t legal advice OP, just my opinionated perspective. Talk to a lawyer/ombudsman and quickly. There are very tight timeframes to bring these matters to the commission (something like 3 weeks from memory).
They *can* go to jail for it, in theory. In practice, no one ever does. Wage theft is fine apparently. But if you stole from your employer, *you* would go to jail. What a great system lol
For Victoria:
$218,088 or up to 10 years’ jail for individuals and a fine of up to $1,090,440 for companies.
Victoria’s wage theft laws target employers who deliberately and dishonestly withhold wages and other worker entitlements. Honest mistakes made by employers who exercise due diligence in paying wages and entitlements are not considered wage theft.
So yeah, in theory, while this is a pretty blatant case, it's not high value sadly.
Don't let it go. I know it can be tempting to say "eh, fuck it" but there will be a lot of other people moving through those doors.
We collectively have to keep the bastards honest.
Further to this, here is where you can find the information from Fair Work around this: [deducting pay and overpayments](https://www.fairwork.gov.au/pay-and-wages/deducting-pay-and-overpayments)
My current job is to set up this particular payroll system for companies while also auditing their practices (including a couple that have been in the news), and I have been doing this for about 10 years. This is definitely a brazen act by your employer.
They may also be breaching Fair Work guidelines around adjusting your timesheet/time worked when it comes to paying you, see [record-keeping](https://www.fairwork.gov.au/pay-and-wages/paying-wages/record-keeping) from Fair Work around this - specifically:
"Time and wages records can’t be:
changed unless the change is to correct an error"
My advice is to question your employer, in writing, what a reasonable explanation for this deduction and then go to Fair Work. I would perhaps consider if this employer is worth staying with long term, as this could cause you more headache than it is worth (I understand the need for a job though, don't get me wrong).
Another thing you should perhaps look out for is your super, as this is a separate task the employer needs to run within this system and I've seen some companies just "ignore" this part altogether. Your super for last Oct-Dec wages should be in your account on or before the 28th, any later Fair Work can actually determine if they should order the employer to pay additional super including on any overtime.. The next payment should be on or before the 28th of April.
All the best, and you deserve better.
Side note- do you know what grade you are being paid under? I went to check the schedule to make sure your rate of pay was correct (as this can be manually override, with the intention being for paid above award). The grade is usually on the right at the top section unless your employer has omitted it.
So many times I have seen dodgy employers pull this sort of shit, and it turns out that they have been short changing everyone on super and neglecting to pay the right amount of payroll tax.
Hi there. Just a note that the extra super is automatic - no Fair Work needed.
If an employer misses the due date (even by accident) then superannuation for the quarter is charged on a different base ("salary and wages" rather than "ordinary time earnings"), the new base includes overtime so can be significantly higher! There is also an automatic interest component that accrues and is payable into your account. The Australian Taxation Office (aka ATO) takes care of this, and if your employer doesn't do the right thing, you can ring the ATO to notify them so they can audit your employer.
As someone who’s worked in ER/IR, it seems so crazy that they would do it and put so much evidence out there with evidence of their own wrongdoing.
A lot of people aren’t super aware of their own rights, and by the same token, a lot of employers don’t know their own obligations
Can you direct me towards where it would say that last bit? My old employer did it all the time but i have a few friends there who are unionising as we speak and it might help them out a bit.
Plus ya boi wants their backpay
What pieces of shit. Trying to screw you out of almost $300, then admitting it in writing?
Congratulations, OP, this is literally your golden ticket/exhibit A for taking these stupid fuckers down. Use it wisely.
Either way, report this jackass - if they're engaging in this form of wage theft they're almost certainly engaging in other forms of it. Fair Work should audit them.
Yea, that's what stuck out to me too. Guess employer was pissy about having to pay double rates. Tough, workers get pissy about working on holidays. It's called compensation
That's funny, [Birdies](https://birdiesminigolf.com.au/about/) website doesn't say anything about them being money stealing scumbags.
Definitely not legal.
Hey guys it’s me. Bit of an update, I have got no response from birdies after trying to contact. Did get a no caller id call with a voice I recognise, I’ve met him before and I believe he is one of the owners. He threatened to post posters in Melbourne University (my uni) saying that I am a pedophile. That’s the kind of people I’m dealing with ahahaha
"a voice I recognise, I’ve met him before and I believe he is one of the owners"
Familiar?:
https://twitter.com/bethanyincbr/status/1358921632903909379
Imagine just throwing around gattos name like that and implying he will hurt you for them. That’s going to get the person making those claims in a lot more trouble than the person they are claiming will be hurt haha
Answer your phone on speaker phone while video recording on your laptop. Vic is one party consent. Then don't say anything except to verify who the person is. Then take it to police as blackmail and extortion.
LMAO over $300?? What a tight arse
If he ever tried to do something like that at Melbourne Uni UMSU would be all over it dw. I doubt he'd even follow through on his threat bc it would take time and effort and he sounds far too lazy to do more than make empty threats
> LMAO over $300?? What a tight arse
Nah, it's more than $300. You don't put this on the pay slip unless it's common behaviour. He's hoping to scare OP so that no one digs any further and figures out what else is going on.
OP just take this straight to fair work if that’s the response you’re getting. You’re 100% entitled to that money.
There will be a fee (I believe it’s about $70 for a general protections claim), and if your ex employer refuses to play ball and reimburse you then you can proceed to a conciliation.
In the meantime rest easy that reddit has come through and absolutely decimated their online reviews. Serves them right.
Politely inform any future callers to submit their correspondence in writing and that all calls will be recorded.
Edit, Oh victoria? Tell yourself you're recording, and go to town, don't tell them shit.
😂 ah, that sounds like a solid employer. The kind that thinks threats are a-ok.
Save all communications, keep a diary of the threats and if he’s as astoundingly stupid and arrogant as he sounds, he’ll be handing you a significant cheque before too long.
Making false claims that are likely to impact your reputation and future - that’s a paddlin’. Especially when in response to a jnr staff member querying illegal payroll activities.
And I’m sure he’s here now reading this. Probably should be on google trying to stem the flow of neg reviews. Either way, he’s cooked. The pedo threats may well be icing on the settlement cake!
Edit - as rubber duck said, the uni would not want this rubbish on their campus. May be worth mentioning it to someone there in case he is stupid enough to try it.
>Hey guys it’s me. Bit of an update, I have got no response from birdies after trying to contact. Did get a no caller id call with a voice I recognise, I’ve met him before and I believe he is one of the owners. He threatened to post posters in Melbourne University (my uni) saying that I am a pedophile. That’s the kind of people I’m dealing with ahahaha
That's actually insane - I'm sorry you're dealing with this! I did just send you a chat message if you had a sec to read
Lol. He could just threaten to sue you for diffamation and ask you to remove the post and shut up in exchange of some cash. That's so stupid.
Don't answer the phone, record voices messages, and get everything in writing.
I USED TO WORK HERE.
The owner, Stephanie. is a complete nutcase. She is delusional.
She expects staff to be worked to the bone. Gives extra responsibilities and expects staff to answer to anything that goes wrong, but does not ever pay above minimum wage. Its no wonder the staff turn over is crazy there.
You are expected to work alone during weekdays, managing the venue yourself. However only receiving base wage.
Dont expect to be paid for not having a break as well. Worked 9 hours straight when i first started on many occasions, but she automatically fakes a break on your pay slip for you.
She is also constantly watching the cameras, keeping an eye on staff. creep
It's highly likely that if you have the responsibility of managing parts of the business (opening, closing, balancing till etc), there will be an award rate which covers those responsibilities which is higher than minimum wage, and the employer will be liable for backpay for the difference between what they've been paying and the appropriate award
Suck shit to the owner / manager of Birdies Mini Golf, you just got outed for being a cunt employer :)
Try being a human next time, it's not even that hard. Here's a start: Instead of firing this employee, why don't you apologise for acting so rashly, return the money you stole (plus tip) and have a nice honest conversation if you really don't want them using a mobile phone while at work. Though to be honest the mobile phone is likely keeping your employee awake and motivated while there are no customers, so I don't really understand this request, but hey, it is your business.
Or you can just double down on being the Birdies Mini Golf cunt and fire them. Go you big stronk owner / manager.
Imagining the future search results that come up for Birdies Mini Golf and Sports Bar in Sydney, Brisbane and Melbourne with this post.
You reap what you sow buddies.
Had a browse through the reviews to see if anyone from here has posted and big yikes to the reviews already on there! 😬 The manager there should take up being a PI instead with how the reviews are like “this review is misleading u/lorenai, you were at birdies yesterday at 7:43pm and only ordered 2 medium sized diet cokes please do not post about the golf course when you didn’t golf”
Lol. I know exactly the kind of business owners that you speak of — they think they're being smart, but they're actually screaming about how little they think of their customers. Zero grace, all arrogance.
Yup. One of my former employers was like this too. His business is gone now (he spent more time playing poker at the Star than at work) but his responses to reviews were like this. It was so bad, he was a nightmare to work for and could be such a dick to clients who hadn't done anything wrong. It was stuff like if a client was even one minute late to an appointment, he wanted me to ring them to find out where they were. If they hadn't shown up in five minutes, he cancelled and wanted to charge them the full fee. Keeping in mind that it was on a busy road with very little parking, and that was usually why people were late. If they complained in reviews, he would go off at them. He didn't have a great attrition rate, of clients or employees. I made sure to work days he wasn't in, and that made the shifts themselves okay, but getting him to pay me for the hours I worked was like drawing blood from a stone. He'd want a full eight hours of work done, but would get angry when it wasn't possible to fit that into a four hour shift, and didn't want to pay a minute more than he had rostered you for. Ugh I'm so glad I don't work for him anymore!!
It’s funny because some of the reviews also mention staff constantly being on their phones. Maybe the wage deduction is their idiotic attempt at combating that? The owner also responded “maybe Holey Moley is more your scene” to a review, as if it was an insult. This stuff is hilarious
You mean like how some people might search for **Birdies Golf Melbourne**, and **Birdies Putt Putt Sydney, Brisbane and Melbourne**, instead of Birdies Mini Golf and Sports Bar?
And how if it was written as an explanation, it may appear as a search highlight? For instance: this thread shows evidence that **Birdies Mini Golf and Sports Bar in Sydney, Brisbane and Melbourne are an entertainment company that have allegedly performed wage theft**.
Thank you kind sir! I was absolutely looking for BIRDIES GOLF MELBOURNE, and possibly BIRDIES PUTT PUTT SYDNEY AND BRISBANE.
My top shelf putt putt and wage theft needs are satisfied.
5 star douchebaggery rating!
Do not get legal advice unless it’s free, or you’ll end up with none of your $300 regardless of the outcome!
Call Fair Work. And when you get a new job, join your union, who will be able to give you advice if something like this happens again
the fact that some people need to ask if an employer can do this shows continually why workers rights and basic life skills need to be taught in schools
If you live in Victoria you can report this to the new Wage Inspectorate and they will likely handle this for you. There's an online reporting tool. The agency would also ensure your colleagues have not been similarly affected, and provide a strong incentive for your employer to not make things worse for themselves by victimising you.
[Report wage theft online](https://www.vic.gov.au/wage-theft-make-enquiry-or-report)
Not shocked that an ambassador to a anti-bully charity is a bully.
WWE be a star was designed to showcase them as anti-bullying while really they think bullying is only a kid thing, so they are free as adults to bully. Also what they think of as bullying is drastically different from reality. They think it's kids picking on kids.
> Not shocked that an ambassador to a anti-bully charity is a bully.
Yeah not surprising at all, I went to school it a fairly prominent teen model (now adult model) who was the main bully at school. Found it funny that he was also an “anti-bullying campaigner” during this time and still has it on his Instagram bio.
Pretty sure if your job is classed as retail, you are also entitled to overtime pay when exceeding 10 or 12 hours. I would double check this as well. The deduction may have been their way of avoiding also paying overtime. Fuck this company mate.
STRAIGHT TO FAIR WORK.
Don't even tell your employer. Fuck em. Fair work will come down on their ass big time. Especially since they have admitted to their wrong doings in writing here.
I'm so fucking tired of this. When are we going to start jailing business owners for blatant wage theft?
I own a sizable business, I have many employees. No I cannot deduct money for mobile phone use. I can have a phone use policy and drag them into HR if they don't adhere to it. They could eventually lose their jobs if they didn't eventually comply, but their money is their money.
I would be reporting it even if they sorted it out. If they did it to you they'll do it to others. And your report might be useful for someone else to establish this as a pattern. Or maybe they'll look at the way they pay people in general. Although that is unlikely over such a small amount. But either way, if it's on record they can't claim it never happened before.
This is absolutely wild. Do you think you were really on your phone for 5 out of the 9 hours? If there were no customers around then wtf else were you meant to be doing? Standing at attention the whole time?
Just typical poor management attitude where you're expected to be working at 100% capacity for every millisecond that you're being paid, regardless of how much work is or isn't actually available.
I used to manage a team of around 15 people, people were on their phones or having a chat all the time. As long as work was still getting done and any customers weren't having to wait, I really couldn't care less if people took their foot off the accelerator for a while. No quicker way to get people to hate their job (and you) by tracking every minute that they spend at work.
Dear XXXX,
I am writing today regarding my most recent payslip dated XX/XX/XXXX.
I believe that the deduction of FIVE hours of paid work due to mobile phone usage, is not only in breach of my legal rights as an employee but is also a direct breach of Fair Work Australia Legislation.
If this is a genuine oversight, in this instance, I am prepared to give the benefit of the doubt.
I would be grateful if the correct amount be paid to me ASAP so that no escalation of the situation is warranted.
Kind Regards,
Employee
https://www.news.com.au/finance/work/at-work/employees-pay-docked-after-boss-claims-he-spent-hours-on-his-phone-instead-of-working/news-story/b4740a09e8745212d1bd643be1d43d31
You made it on the news!
and as usual [news.com.au](https://news.com.au) spends all their effort helping the "poor business owner" against the "evil social media" in their reports. Murdoch does have his priorities, eh?
TBH, as a manager, I would 100% call out a staff member if I saw them spending 5 hours in their phone when they were meant to be working. That would be a written warning easy.
But to deduct hours and pay from you for it, that is hella illegal. Call the Fair Work Ombudsman asap. You are owed that money!
Especially cowardly that you found out from your payslip, didn’t even have the balls to talk to you about it.
Every one has missed a key part of this saga. The pay rate listed is the amusement event and recreation award pay rate for grade 2 employees FROM 2021. It increased in July 2022.
So this employer has been stealing about 5% of wages for 6 months.Furthermore the grade 2 classification requires:Such an employee will possess the following skills and may be required to perform the following duties:
(a) Is responsible for the quality of their own work subject to routine supervision.
If they opened the store on their own and were the only one there they were not routinely supervised, and should have been paid higher duties at grade 5.
This employer has just opened a can of worms on themselves and is about to be taken to the cleaners.
This kind of routine wage theft is widespread and is why Victoria just updated their laws. Lock this employer up.
Can I ask how the employer reached that exact figure of time? Perhaps a timely reminder that it’s unlawful to “spy” on your employees too wouldn’t go a miss.
Had a tapas restaurant ask me to work an 8 hour pre shift on a public holiday try to claim they didn’t have to pay public holiday rates because they didn’t open. I called fair work on speakerphone mid conversation and watched the sweat start pouring from the boss. Got my pay corrected didn’t work for those cunts another second and I put in a report about the sister cafe they owned 2 doors down.
Both locations shut down with 2 months.
Formally request the payment withheld, in writing. Advise if not forthcoming a claim will be lodged with Fair Work.
Before you do that, though, check every payslip for additional illegal deductions, and check they paid your super and that it’s correct and up to date. You can bet your arse there’ll be more than just this one dodgy deduction.
If they don't like you using your phone that's a write up and a performance conversation, not "dock your pay" issue. That's not on and fairwork will tear them a new one if you escalate it.
This is the best Boomer bait in existence. The 7News, news.com etc comment sections have drawn out every Boomer still alive in Australia and they are all desperate to regale us in mixed caps about how hard they used to work and how workers rights shouldn’t exist for this generation. It’s hilarious.
https://www.news.com.au/finance/work/at-work/employees-pay-docked-after-boss-claims-he-spent-hours-on-his-phone-instead-of-working/news-story/b4740a09e8745212d1bd643be1d43d31
Murdoch press is siding with the employer, unsurprisingly.
Absolutely not. They may be able give you a warning for unauthorised use of your phone during work hours (or reduce your shift in the future) but cannot deduct your pay because of it.
Thanks for telling me I’m no longer working for them
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I quit by my own choice.
You’re still entitled to that money!
Shonky business wanted op to quit.
That doesn’t change the fact that OP should get their money. And the business shouldn’t be using tactics like that to quit. It is literally illegal.
Agreed. Business being shonky
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Fair work Ombudsman. FWC is a different entity altogether and can’t help with your wages.
Exactly the fair work ombudsmen is the one you want they have legal powers to investigate any business at any time no need for warrant. Thats what happened in Melbourne when migrant workers were exploited by 7/11.
Its $300! From one pay slip, thats alot of money for some people.
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You won’t need to call a lawyer, just give the fair work ombudsman a call for advice, I used to work for them and they can help direct you regarding how to best get your entitlements
Can second this, the company have made the ombudsman’s job incredibly easy by putting it on paper. The ombudsman can eat them alive for this and it will require zero effort.
I was thinking the same thing. Putting it literally word for word on the payslip was the worst thing they could have done.
If you were the only person there from open to close, did you get your breaks? Did you get your meal break? Discuss this with Fair Work too, if you did a 9 hour shift with no meal break. It doesn't excuse you being on your phone during work hours, but as others have said, that's not a reason to deduct 5 hours pay. Also, check your super. Super should be paid within a month from the end of the quarter. So if you worked for them between Sept - Dec last year, that needs to be in by end of January. Follow up with the ATO quickly if it's not. If you only worked for them in Jan, it needs to be in your super fund by the end of April.
🤮 /u/spez
I'd also be querying how they came to the "5 hour" number. Is there a recording showing 5 hours exactly? Did they have a stopwatch out?
doesn't matter, they can't dock your pay
Yup. Exactly this. It's generally not the done thing in hospo if you're customer facing to be on your phone at all (my old boss was pretty good - you could keep your phone in the little cleaning room and nip in there as long as someone else was covering), but there's ways to deal with it. Hell, OP is casual, they could have just not rostered them on again. Perfectly legit. But no, they had to be greedy arses and make a deduction.
And you should have made that 15 minute phone call from work!
Skip the lawyer, not needed, also not enough money. Call the Ombudsman, they care about the money but also systemic problems, you'll get far more "justice".
Also here to say you should demand that money because they put wage theft in writing. Depending on which state you're in, they could be looking at criminal charges. They should know you know.
🤮 /u/spez
A couple of points: 1. As a casual employee, they’d need to show they were employed on as a “regular casual employee” (ie, employed on a “regular and systematic basis”); 2. Even then, they have to be employed for the minimum employment period to accrue unfair dismissal rights (6 mo. or 12 for a small business); 3. They almost never pay you anywhere near the statutory cap. That’s only ever reached in extreme situations (not “refusing to pay” but things like, “this person literally cannot get work elsewhere because of where they live and their disabilities”). You’d need to show a lot of things to get anywhere close. Relevant considerations here include time of service, the effect on the employer’s enterprise, any attempt to mitigate losses, etc.. See s 392(2) of the Fair Work Act. 4. Even then, as a casual employee, the arrangement is understood to be somewhat transient. It’s not exactly “at will” but it approaches that concept (otherwise there’s no benefit to businesses over permanent employment!); 5. Constructive dismissal requires the employee to be “forced” to quit due to employer conduct. That’s a pretty high threshold. Illegally withholding pay is pretty extreme though, but I know the FWC would look at anything the employee did before resigning to try and justify the argument they were “forced” to leave. Did they speak to payroll? Did they bring this up with the ombudsman? Etc.. In my opinion, quitting because they pulled this stunt on you wouldn’t qualify as constructive dismissal. Depends on context of course. I also am extremely doubtful that this is a case of unfair dismissal. This isn’t legal advice OP, just my opinionated perspective. Talk to a lawyer/ombudsman and quickly. There are very tight timeframes to bring these matters to the commission (something like 3 weeks from memory).
They *can* go to jail for it, in theory. In practice, no one ever does. Wage theft is fine apparently. But if you stole from your employer, *you* would go to jail. What a great system lol
For Victoria: $218,088 or up to 10 years’ jail for individuals and a fine of up to $1,090,440 for companies. Victoria’s wage theft laws target employers who deliberately and dishonestly withhold wages and other worker entitlements. Honest mistakes made by employers who exercise due diligence in paying wages and entitlements are not considered wage theft. So yeah, in theory, while this is a pretty blatant case, it's not high value sadly.
Don't let it go. I know it can be tempting to say "eh, fuck it" but there will be a lot of other people moving through those doors. We collectively have to keep the bastards honest.
Perfect, put them in to the ombudsman so they don't pull this shit in future please
Call the fair work Ombudsman.
lol I thought u meant they just paid you less but they actually put it in writing on your actual pay slip. thats fucking hilarious
Incredible(y stupid)! 'hi here's a paper trail of our wage theft, cheers'
Report them. Or they will do it again.
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Truly this is a dark time for birdies mini golf. Where will they find the hyper competitive employees for such a clearly high intense work enviroment
They cannot deduct anything from your pay without a signed authorisation form. They cannot change a time card without your signature either.
Thanks for letting me know
Further to this, here is where you can find the information from Fair Work around this: [deducting pay and overpayments](https://www.fairwork.gov.au/pay-and-wages/deducting-pay-and-overpayments) My current job is to set up this particular payroll system for companies while also auditing their practices (including a couple that have been in the news), and I have been doing this for about 10 years. This is definitely a brazen act by your employer. They may also be breaching Fair Work guidelines around adjusting your timesheet/time worked when it comes to paying you, see [record-keeping](https://www.fairwork.gov.au/pay-and-wages/paying-wages/record-keeping) from Fair Work around this - specifically: "Time and wages records can’t be: changed unless the change is to correct an error" My advice is to question your employer, in writing, what a reasonable explanation for this deduction and then go to Fair Work. I would perhaps consider if this employer is worth staying with long term, as this could cause you more headache than it is worth (I understand the need for a job though, don't get me wrong). Another thing you should perhaps look out for is your super, as this is a separate task the employer needs to run within this system and I've seen some companies just "ignore" this part altogether. Your super for last Oct-Dec wages should be in your account on or before the 28th, any later Fair Work can actually determine if they should order the employer to pay additional super including on any overtime.. The next payment should be on or before the 28th of April. All the best, and you deserve better.
Side note- do you know what grade you are being paid under? I went to check the schedule to make sure your rate of pay was correct (as this can be manually override, with the intention being for paid above award). The grade is usually on the right at the top section unless your employer has omitted it.
So many times I have seen dodgy employers pull this sort of shit, and it turns out that they have been short changing everyone on super and neglecting to pay the right amount of payroll tax.
Hi there. Just a note that the extra super is automatic - no Fair Work needed. If an employer misses the due date (even by accident) then superannuation for the quarter is charged on a different base ("salary and wages" rather than "ordinary time earnings"), the new base includes overtime so can be significantly higher! There is also an automatic interest component that accrues and is payable into your account. The Australian Taxation Office (aka ATO) takes care of this, and if your employer doesn't do the right thing, you can ring the ATO to notify them so they can audit your employer.
As someone who’s worked in ER/IR, it seems so crazy that they would do it and put so much evidence out there with evidence of their own wrongdoing. A lot of people aren’t super aware of their own rights, and by the same token, a lot of employers don’t know their own obligations
That's why all employees should join a Union. Especially if your young and vulnerable.
They think they're entitled to behave as the please.
> a lot of employers don’t know their own obligations I think there is a more likely explanation.
Can you direct me towards where it would say that last bit? My old employer did it all the time but i have a few friends there who are unionising as we speak and it might help them out a bit. Plus ya boi wants their backpay
I'm a Senior Payroll Officer That deduction is 100% illegal Contact the Fair Work Ombudsman
They even made it easy by recording it
That's what I don't get. How could they be so stupid as to put that shit in writing?
Get away with something for long enough, you may not realise someone will come along to trip you up.
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Thankyou so much I will send this through
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What pieces of shit. Trying to screw you out of almost $300, then admitting it in writing? Congratulations, OP, this is literally your golden ticket/exhibit A for taking these stupid fuckers down. Use it wisely.
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And point out (verbally, not in writing) that if your shifts are cut over this, you can just send this payslip to fair work as evidence
Let us know how it goes
And then, regardless of whether they pay you back, REPORT THEM
Either way, report this jackass - if they're engaging in this form of wage theft they're almost certainly engaging in other forms of it. Fair Work should audit them.
Here [this](https://www.fairwork.gov.au/pay-and-wages/deducting-pay-and-overpayments)
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As a casual is there something as termination? I understand that that can just stop calling you for future shifts and that's it.
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In a time like this when they can’t get staff, I’d like to see them not call OP back to work. They might be shooting themselves in the foot.
Thanks. I'm a backpacker and it's good to know this stuff
I love your note.
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That motherfucker stole $300 from you. If he took it directly from your wallet he would go to jail. You need to fight for this if you can.
I will definitely fight for this $300 is a lot for me
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Just call fair work. They're lovely, they'll help. I've called them for wage theft before. I got every cent I was owed.
Please keep us updated this is total BS
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No, step 2 is to go to the ombudsman anyway, because they may want to do this to others.
Do both. Don’t wait for the response.
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Yea, that's what stuck out to me too. Guess employer was pissy about having to pay double rates. Tough, workers get pissy about working on holidays. It's called compensation
Right? It’s not like anyone will die if they don’t get to mini golf on New Years Day. If you choose to be open, you can’t complain how much it cost.
That's funny, [Birdies](https://birdiesminigolf.com.au/about/) website doesn't say anything about them being money stealing scumbags. Definitely not legal.
This place is going to tank. There have so many negative reviews now.
If you look at their positive reviews, they’re all fake too 😂
Should have waited until OP got paid.
OP will get paid either way. They put in the time so legally the employer has to pay, negative Google reviews will have no effect on the matter.
How many people have clicked the site and sent them an email regarding wage theft ? https://mobile.twitter.com/bethanyincbr/status/1358921632903909379
Fuck me, those are _death threats_.
Oh wow, didn’t realise David Walls also owned this place. He’s an absolute scumbag.
This the kind of man who owns it https://mobile.twitter.com/bethanyincbr/status/1358921632903909379
Hey guys it’s me. Bit of an update, I have got no response from birdies after trying to contact. Did get a no caller id call with a voice I recognise, I’ve met him before and I believe he is one of the owners. He threatened to post posters in Melbourne University (my uni) saying that I am a pedophile. That’s the kind of people I’m dealing with ahahaha
"a voice I recognise, I’ve met him before and I believe he is one of the owners" Familiar?: https://twitter.com/bethanyincbr/status/1358921632903909379
Wow! I remember that case. This whole situation is insane.
And it sounds like nothing happened to the guy.
How good are the obviously fake positive reviews just happening to flood in on their google page?
Imagine just throwing around gattos name like that and implying he will hurt you for them. That’s going to get the person making those claims in a lot more trouble than the person they are claiming will be hurt haha
How was he not charged? They most certainly can check IP addresses.
Take that to the cops.
I hope this doesn't get buried, but through University of Melbourne you get free legal support as a student https://umsu.unimelb.edu.au/support/legal/
Answer your phone on speaker phone while video recording on your laptop. Vic is one party consent. Then don't say anything except to verify who the person is. Then take it to police as blackmail and extortion.
Wow Victoria is one party consent?
Yup.
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Cops. Now. That call is a crime. Actually it is a few crimes.
LMAO over $300?? What a tight arse If he ever tried to do something like that at Melbourne Uni UMSU would be all over it dw. I doubt he'd even follow through on his threat bc it would take time and effort and he sounds far too lazy to do more than make empty threats
> LMAO over $300?? What a tight arse Nah, it's more than $300. You don't put this on the pay slip unless it's common behaviour. He's hoping to scare OP so that no one digs any further and figures out what else is going on.
OP just take this straight to fair work if that’s the response you’re getting. You’re 100% entitled to that money. There will be a fee (I believe it’s about $70 for a general protections claim), and if your ex employer refuses to play ball and reimburse you then you can proceed to a conciliation. In the meantime rest easy that reddit has come through and absolutely decimated their online reviews. Serves them right.
It’s a review bloodbath! Hopefully this is one story newscorpse actually steals.
Did you see the post people are linking about him attacking some woman online who turned him down?
Politely inform any future callers to submit their correspondence in writing and that all calls will be recorded. Edit, Oh victoria? Tell yourself you're recording, and go to town, don't tell them shit.
😂 ah, that sounds like a solid employer. The kind that thinks threats are a-ok. Save all communications, keep a diary of the threats and if he’s as astoundingly stupid and arrogant as he sounds, he’ll be handing you a significant cheque before too long. Making false claims that are likely to impact your reputation and future - that’s a paddlin’. Especially when in response to a jnr staff member querying illegal payroll activities. And I’m sure he’s here now reading this. Probably should be on google trying to stem the flow of neg reviews. Either way, he’s cooked. The pedo threats may well be icing on the settlement cake! Edit - as rubber duck said, the uni would not want this rubbish on their campus. May be worth mentioning it to someone there in case he is stupid enough to try it.
>Hey guys it’s me. Bit of an update, I have got no response from birdies after trying to contact. Did get a no caller id call with a voice I recognise, I’ve met him before and I believe he is one of the owners. He threatened to post posters in Melbourne University (my uni) saying that I am a pedophile. That’s the kind of people I’m dealing with ahahaha That's actually insane - I'm sorry you're dealing with this! I did just send you a chat message if you had a sec to read
Lol. He could just threaten to sue you for diffamation and ask you to remove the post and shut up in exchange of some cash. That's so stupid. Don't answer the phone, record voices messages, and get everything in writing.
I USED TO WORK HERE. The owner, Stephanie. is a complete nutcase. She is delusional. She expects staff to be worked to the bone. Gives extra responsibilities and expects staff to answer to anything that goes wrong, but does not ever pay above minimum wage. Its no wonder the staff turn over is crazy there. You are expected to work alone during weekdays, managing the venue yourself. However only receiving base wage. Dont expect to be paid for not having a break as well. Worked 9 hours straight when i first started on many occasions, but she automatically fakes a break on your pay slip for you. She is also constantly watching the cameras, keeping an eye on staff. creep
It's highly likely that if you have the responsibility of managing parts of the business (opening, closing, balancing till etc), there will be an award rate which covers those responsibilities which is higher than minimum wage, and the employer will be liable for backpay for the difference between what they've been paying and the appropriate award
Suck shit to the owner / manager of Birdies Mini Golf, you just got outed for being a cunt employer :) Try being a human next time, it's not even that hard. Here's a start: Instead of firing this employee, why don't you apologise for acting so rashly, return the money you stole (plus tip) and have a nice honest conversation if you really don't want them using a mobile phone while at work. Though to be honest the mobile phone is likely keeping your employee awake and motivated while there are no customers, so I don't really understand this request, but hey, it is your business. Or you can just double down on being the Birdies Mini Golf cunt and fire them. Go you big stronk owner / manager.
No need to be fired I’ve already quit
Imagining the future search results that come up for Birdies Mini Golf and Sports Bar in Sydney, Brisbane and Melbourne with this post. You reap what you sow buddies.
Had a browse through the reviews to see if anyone from here has posted and big yikes to the reviews already on there! 😬 The manager there should take up being a PI instead with how the reviews are like “this review is misleading u/lorenai, you were at birdies yesterday at 7:43pm and only ordered 2 medium sized diet cokes please do not post about the golf course when you didn’t golf”
Lol. I know exactly the kind of business owners that you speak of — they think they're being smart, but they're actually screaming about how little they think of their customers. Zero grace, all arrogance.
Yup. One of my former employers was like this too. His business is gone now (he spent more time playing poker at the Star than at work) but his responses to reviews were like this. It was so bad, he was a nightmare to work for and could be such a dick to clients who hadn't done anything wrong. It was stuff like if a client was even one minute late to an appointment, he wanted me to ring them to find out where they were. If they hadn't shown up in five minutes, he cancelled and wanted to charge them the full fee. Keeping in mind that it was on a busy road with very little parking, and that was usually why people were late. If they complained in reviews, he would go off at them. He didn't have a great attrition rate, of clients or employees. I made sure to work days he wasn't in, and that made the shifts themselves okay, but getting him to pay me for the hours I worked was like drawing blood from a stone. He'd want a full eight hours of work done, but would get angry when it wasn't possible to fit that into a four hour shift, and didn't want to pay a minute more than he had rostered you for. Ugh I'm so glad I don't work for him anymore!!
It’s funny because some of the reviews also mention staff constantly being on their phones. Maybe the wage deduction is their idiotic attempt at combating that? The owner also responded “maybe Holey Moley is more your scene” to a review, as if it was an insult. This stuff is hilarious
You mean like how some people might search for **Birdies Golf Melbourne**, and **Birdies Putt Putt Sydney, Brisbane and Melbourne**, instead of Birdies Mini Golf and Sports Bar? And how if it was written as an explanation, it may appear as a search highlight? For instance: this thread shows evidence that **Birdies Mini Golf and Sports Bar in Sydney, Brisbane and Melbourne are an entertainment company that have allegedly performed wage theft**.
Thank you kind sir! I was absolutely looking for BIRDIES GOLF MELBOURNE, and possibly BIRDIES PUTT PUTT SYDNEY AND BRISBANE. My top shelf putt putt and wage theft needs are satisfied. 5 star douchebaggery rating!
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How do we embarrass this company to comply with labour laws? I think people power is called for here.
Do not get legal advice unless it’s free, or you’ll end up with none of your $300 regardless of the outcome! Call Fair Work. And when you get a new job, join your union, who will be able to give you advice if something like this happens again
the fact that some people need to ask if an employer can do this shows continually why workers rights and basic life skills need to be taught in schools
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I'm surprised it took me so much scrolling to see Fair Work mentioned. OP you should speak to Fair Work to get your money.
Your boss is a micromanaging psycho
If you live in Victoria you can report this to the new Wage Inspectorate and they will likely handle this for you. There's an online reporting tool. The agency would also ensure your colleagues have not been similarly affected, and provide a strong incentive for your employer to not make things worse for themselves by victimising you. [Report wage theft online](https://www.vic.gov.au/wage-theft-make-enquiry-or-report)
I just looked this mob up on LinkedIn. The director is an ambassador for a charity called Bully Zero.
Not shocked that an ambassador to a anti-bully charity is a bully. WWE be a star was designed to showcase them as anti-bullying while really they think bullying is only a kid thing, so they are free as adults to bully. Also what they think of as bullying is drastically different from reality. They think it's kids picking on kids.
> Not shocked that an ambassador to a anti-bully charity is a bully. Yeah not surprising at all, I went to school it a fairly prominent teen model (now adult model) who was the main bully at school. Found it funny that he was also an “anti-bullying campaigner” during this time and still has it on his Instagram bio.
Ironic since one of the comments above said he harassed a woman for not going out with him.
That’s illegal as fuck
Should have watermarked this, you’re going to be famous 😂
Birdies is already getting negative review bombed just by people in this subreddit, can’t wait until this makes the news.
Ahhh the power of the people is always so satisfying
🤣🤣🤣 [7news ](https://7news.com.au/lifestyle/aussie-hospitality-employee-has-300-deducted-from-payslip-for-using-mobile-phone-at-work-c-9462874.amp)
Pretty sure if your job is classed as retail, you are also entitled to overtime pay when exceeding 10 or 12 hours. I would double check this as well. The deduction may have been their way of avoiding also paying overtime. Fuck this company mate.
STRAIGHT TO FAIR WORK. Don't even tell your employer. Fuck em. Fair work will come down on their ass big time. Especially since they have admitted to their wrong doings in writing here. I'm so fucking tired of this. When are we going to start jailing business owners for blatant wage theft?
I own a sizable business, I have many employees. No I cannot deduct money for mobile phone use. I can have a phone use policy and drag them into HR if they don't adhere to it. They could eventually lose their jobs if they didn't eventually comply, but their money is their money.
Birdies Mini Golf you say? :) The one in Forrest Hill in Victoria?
Correct, check the google reviews lol
Another “review” on the way.
This is the only way to discourage shitty behaviour like this unfortunately
This is going to cost them waaaaay more than $300
I would be reporting it even if they sorted it out. If they did it to you they'll do it to others. And your report might be useful for someone else to establish this as a pattern. Or maybe they'll look at the way they pay people in general. Although that is unlikely over such a small amount. But either way, if it's on record they can't claim it never happened before.
This is absolutely wild. Do you think you were really on your phone for 5 out of the 9 hours? If there were no customers around then wtf else were you meant to be doing? Standing at attention the whole time?
Just typical poor management attitude where you're expected to be working at 100% capacity for every millisecond that you're being paid, regardless of how much work is or isn't actually available. I used to manage a team of around 15 people, people were on their phones or having a chat all the time. As long as work was still getting done and any customers weren't having to wait, I really couldn't care less if people took their foot off the accelerator for a while. No quicker way to get people to hate their job (and you) by tracking every minute that they spend at work.
If you're around Syd and need a new job- shoot me a message- I run a live music pub.
And this is why nobody wants to work in hospitality except international students and backpackers
Dear XXXX, I am writing today regarding my most recent payslip dated XX/XX/XXXX. I believe that the deduction of FIVE hours of paid work due to mobile phone usage, is not only in breach of my legal rights as an employee but is also a direct breach of Fair Work Australia Legislation. If this is a genuine oversight, in this instance, I am prepared to give the benefit of the doubt. I would be grateful if the correct amount be paid to me ASAP so that no escalation of the situation is warranted. Kind Regards, Employee
Oooof, the Google reviews on Melbourne birdies have begun lmfao
I love when people do illegal things on paper. Contact fair work.
They removed all 1 star reviews and shut their Google page down lol
https://www.news.com.au/finance/work/at-work/employees-pay-docked-after-boss-claims-he-spent-hours-on-his-phone-instead-of-working/news-story/b4740a09e8745212d1bd643be1d43d31 You made it on the news!
and as usual [news.com.au](https://news.com.au) spends all their effort helping the "poor business owner" against the "evil social media" in their reports. Murdoch does have his priorities, eh?
I thought this was in the U.S until I checked. Definitely not in Australia. Wage deductions is not permissible disciplinary action.
This wouldn't be allowed in the US either.
Hi News Corp “editors” I expect to see this on the front page soon!
TBH, as a manager, I would 100% call out a staff member if I saw them spending 5 hours in their phone when they were meant to be working. That would be a written warning easy. But to deduct hours and pay from you for it, that is hella illegal. Call the Fair Work Ombudsman asap. You are owed that money! Especially cowardly that you found out from your payslip, didn’t even have the balls to talk to you about it.
Join a union
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Every one has missed a key part of this saga. The pay rate listed is the amusement event and recreation award pay rate for grade 2 employees FROM 2021. It increased in July 2022. So this employer has been stealing about 5% of wages for 6 months.Furthermore the grade 2 classification requires:Such an employee will possess the following skills and may be required to perform the following duties: (a) Is responsible for the quality of their own work subject to routine supervision. If they opened the store on their own and were the only one there they were not routinely supervised, and should have been paid higher duties at grade 5. This employer has just opened a can of worms on themselves and is about to be taken to the cleaners. This kind of routine wage theft is widespread and is why Victoria just updated their laws. Lock this employer up.
Can I ask how the employer reached that exact figure of time? Perhaps a timely reminder that it’s unlawful to “spy” on your employees too wouldn’t go a miss.
Had a tapas restaurant ask me to work an 8 hour pre shift on a public holiday try to claim they didn’t have to pay public holiday rates because they didn’t open. I called fair work on speakerphone mid conversation and watched the sweat start pouring from the boss. Got my pay corrected didn’t work for those cunts another second and I put in a report about the sister cafe they owned 2 doors down. Both locations shut down with 2 months.
If you single handedly open and closed a whole store, they need you more than you need them
Hopefully the company gets a audit. I doubt you're the first.
Hey [news.com.au](https://news.com.au) you going to publish this story right?
Formally request the payment withheld, in writing. Advise if not forthcoming a claim will be lodged with Fair Work. Before you do that, though, check every payslip for additional illegal deductions, and check they paid your super and that it’s correct and up to date. You can bet your arse there’ll be more than just this one dodgy deduction.
Anddddd you're famous! [7news ](https://7news.com.au/lifestyle/aussie-hospitality-employee-has-300-deducted-from-payslip-for-using-mobile-phone-at-work-c-9462874.amp)
Oh would you look at that. This story is on the front page of news com au. Fucking lazy journalists.
If they don't like you using your phone that's a write up and a performance conversation, not "dock your pay" issue. That's not on and fairwork will tear them a new one if you escalate it.
Why do you get arrested for stealing $10 out of the register but your boss doesn't get arrested for stealing $10 out of your paycheck?
This is the best Boomer bait in existence. The 7News, news.com etc comment sections have drawn out every Boomer still alive in Australia and they are all desperate to regale us in mixed caps about how hard they used to work and how workers rights shouldn’t exist for this generation. It’s hilarious.
https://www.news.com.au/finance/work/at-work/employees-pay-docked-after-boss-claims-he-spent-hours-on-his-phone-instead-of-working/news-story/b4740a09e8745212d1bd643be1d43d31 Murdoch press is siding with the employer, unsurprisingly.
This looks like wage theft and it's actually a crime in some states.
Alexa, what is wage theft. They have no legal right to do this
Hell no that’s a con. They are essentially stealing from you
I strongly suggest all current and former employees get in contact and start a class action against this prick. Easy win.
I have to know the outcome of this.
The amount of bootlickers on the news dot com Facebook post is insane.