Do Employers Have to Pay Staff for Pre‑Shift or Set Up Time?
I just hired a young worker and outlined pre‑shift requirements for them to arrive 15 minutes early to prepare the shop and set up. Do I have to pay them for the “set up time” or, do they receive pay for “work time” only?
Our specialist says:
"Yes, employees are entitled to be paid for all pre‑shift work they are required to perform – including set up time or pack up time"
Under strict working off the clock laws, employees who file a complaint regarding Fair Work unpaid hours may be able to recover up to seven years of back wages. In some cases, the Award or agreement will specify overtime rates. So, as always, it’s important to check.
Make sure you pay employees for:
- setting up before a shift
- loading or warming up trucks
- transferring equipment or preparing a worksite
- cleaning up
- finishing tasks that “should have” been completed during the shift
- returning to another site to drop off equipment
- undergoing training
Even the eager young worker who wishes to “go the extra mile” by working unpaid hours can later change his or her mind and request back pay or make a complaint with the Fair Work Ombudsman. Best practice is to exercise control over your employees’ work and prevent unpaid work from being requested or allowed. Take extra care to record keep all the hours your employees are at work, pay correctly and check if overtime rates apply.
If you have any curly workplace questions, ask a professional workplace relations specialist by calling the Peninsula Advice Line on 1300 761 935.