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Hi all 
I'd like to ask a question regarding my employment contract with a company I started working for last December.
I was originally brought in to work one week on, one week off and this was reflected in my contract
"your normal working hours shall generally be 39 hours per fortnight."
The supervisor was 'kind' enough to give me 'any extra hours he could' in the 'one week off' and I have effectively been working over 39 hours a *week* since the start, in excess of 78 hours per fortnight.
The original fixed term contract has been extended twice but never updated to state 39 hours per *week*. They are now in the process of issuing me a new permanent contract.
My contract has an overtime section where it states
"Overtime is payable, but only after you have completed your basic hours of work and will be in accordance with the rates, as laid down, in the current overtime rates schedule for your position."
It goes on to state overtime rates.
Mon - Sat, first 4 hours at time and a half then double; Sun, double time.
The company have paid me on a 39 hour per week basis rather than a 39 hour per fortnight basis as the contract states (19.5 hours per week).
Now, what I'd like to know is should every hour over the 39 hours per fortnight have been paid at overtime rates and, if so, is the company obliged to pay back the difference I've not received since last December?
Other employees who are on lesser hours (ie 30 hours per week) are paid overtime as soon as they go over the amount stated in their contracts.
I have a meeting coming up with the employer and I wanted to know what I was talking about before I potentially brought this up.
Thank you in advance for your time for any advice received
I'd like to ask a question regarding my employment contract with a company I started working for last December.
I was originally brought in to work one week on, one week off and this was reflected in my contract
"your normal working hours shall generally be 39 hours per fortnight."
The supervisor was 'kind' enough to give me 'any extra hours he could' in the 'one week off' and I have effectively been working over 39 hours a *week* since the start, in excess of 78 hours per fortnight.
The original fixed term contract has been extended twice but never updated to state 39 hours per *week*. They are now in the process of issuing me a new permanent contract.
My contract has an overtime section where it states
"Overtime is payable, but only after you have completed your basic hours of work and will be in accordance with the rates, as laid down, in the current overtime rates schedule for your position."
It goes on to state overtime rates.
Mon - Sat, first 4 hours at time and a half then double; Sun, double time.
The company have paid me on a 39 hour per week basis rather than a 39 hour per fortnight basis as the contract states (19.5 hours per week).
Now, what I'd like to know is should every hour over the 39 hours per fortnight have been paid at overtime rates and, if so, is the company obliged to pay back the difference I've not received since last December?
Other employees who are on lesser hours (ie 30 hours per week) are paid overtime as soon as they go over the amount stated in their contracts.
I have a meeting coming up with the employer and I wanted to know what I was talking about before I potentially brought this up.
Thank you in advance for your time for any advice received
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