[AU] VIC - Contractor Pay Entitlements Query - Leave, Overtime, Etc.
Hi,
I am on a 6 month fixed-term contract via an agency.
My contract states the start/end date, client details, my hourly rate which includes superannuation and the notice period. I am paid directly by the agency each fortnight for hours worked (not an ABN contractor / not paid via a Pty Ltd / etc).
In the email when sending me the contract, the agency noted "this is a fixed hourly pay-rate and does not adjust with any annual change to the superannuation guarantee [SG] rate."
I was instructed not to work over the 37.5hrs per week.
The client requires me to attend late meetings with overseas offices on week nights, often 30min or 60min, sometimes several per night with hours in between, usually 2-3 days per week and sometimes at short notice (1-2 days). For example, today I worked 8am - 3pm (30min unpaid meal break), then I have a 6.30pm 30min meeting an an 8.30pm 30min meeting. I usually start at 8am; some night meetings go over, so I can be working until 9.30pm (my bedtime!).
I am not paid for annual leave, sick leave, public holidays, etc - only hours worked as submitted in a timesheet each week.
There is nothing in the (very short) contract that talks to overtime.
My questions are:
Can an employer refuse to increase their superannuation contributions and instead take it from an employee's pay (re: the quotation above)?
Am I entitled to any type of additional compensation due to the night meetings?
Am I entitled to paid annual leave, sick leave, public holidays, etc?
Am I entitled to overtime?
The client is a financial services organisation, so I'm assuming the applicable award is: MA000019 Banking, Finance and Insurance Award 2020 (please correct me if I'm wrong!).