My teen’s boss says she won’t be paid while she’s learning the job. Is this legal?

Each week, Dr Kirstin Ferguson tackles questions on workplace, career and leadership in her advice column Got a Minute? This week: taking advantage of young workers, a two-speed wage structure at a bus company, and women not supporting women.

Even when you’re learning the role, you’re still entitled to be paid.Credit: Dionne Gain

My teen daughter went for a job interview at a new local fast-food shop. The owner advised her that she would not be paid for the first few shifts as she would only be “learning and observing”, then she would go on trainee wages until she learnt the job and had no customer complaints. The owner told us he had already called Fair Work and they said it is all above board, so don’t bother calling them to check. Should I call Fair Work? I’m not sure they would bother investigating given that it’s a small takeaway shop, but I feel for kids who take the job and think that this is how employment works. I was really angry.

You should absolutely contact Fair Work Australia, as what this employer is doing appears highly questionable, if not outright unlawful. Under Australian workplace laws, all employees must be paid for every hour they work, including training and trial shifts. There is no such thing as an unpaid “learning and observing” period unless it’s a formal volunteer arrangement (which this clearly isn’t).

The fact that the owner discouraged you from contacting Fair Work is a huge red flag. No reputable employer would need to make such a statement. If they are trying to underpay or exploit your daughter, it’s highly likely they’re doing the same to other young workers who may not know their rights.

Fair Work takes all complaints seriously, regardless of the business size, and they have anonymous reporting options. Exploiting young workers – and wage theft generally – is appalling behaviour and needs to be called out.

I work for a bus company that has two workplace agreements in place. Older drivers receive a higher hourly rate, higher allowances, five weeks of holiday pay instead of four, a rostered day off every month, bank holiday and picnic day holiday, and more favourable rostering based on seniority. Newer drivers receive approximately $10,000 less per year for doing the same work. This has created a very dysfunctional workplace where the older drivers constantly complain about eroded working conditions and the new drivers complain that they don’t get paid fairly compared to the older drivers. Our union recently attempted to negotiate a single enterprise agreement but was not successful. How can this situation be legal when you have drivers undertaking the same work for less pay?

It sounds like culture in your organisation has really suffered as a result of this, and your employer should be as keen as you to fix it before it causes bigger problems such as stress claims, absenteeism or high turnover rates. Regardless of whether the situation is legal, it needs to be addressed quickly.

There have been a host of changes to the Fair Work Act in recent years that are designed to make enterprise bargaining more accessible and to help rectify situations like yours. Sarah Queenan, managing director of Humanify HR, recommends you speak with management, HR or the union about how to address this as soon as possible.

One of my former managers is often praised for her “work ethic” and support for women, yet she drove me, a woman, to leave my job. Why do some women quash other women in the workplace?

I know how frustrating and lonely it can feel when the person who’s meant to have your back is actually the reason you leave. It’s especially hard when that same person is praised for supporting other women.

Sometimes, it really is about personality clashes or insecurities. Sometimes it’s the pressure of a toxic workplace culture that teaches people that there’s only room for one at the top. And sometimes people curate a public image that doesn’t match how they treat others privately. But here’s the thing: while not every woman lifts others up, many do. Don’t let one person – or even a few – make you cynical. There are women out there who will advocate for you, mentor you, celebrate your wins and help you grow.

The best way to move forward? Be the kind of leader you needed. Pay it forward. And surround yourself with people who walk their talk, not just talk it.

To submit a question about work, careers or leadership, visit kirstinferguson.com/ask. You will not be asked to provide your name or any identifying information. Letters may be edited.

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