soulrebel

Hi we are in the middle of applying for a permanent residency visa for Australia and will be on our way to melbourne (hopefully) but we have been reading a few things that concern us about a few laws there.
It won't stop us going but we have heard different versions from many people and just wanted to be clear on it.

-We have heard that if you are pregnant then you can take maternity time off (not sure how much) but you are not entitled to get paid for it from your employer or the government?
Would you get dole money then or what or do you not get anything at all? If this is true then how do people manage?
It came as a surprise to me I can tell you, I know there are many developing countries that don't have paid maternity time but isn't australia supposed to be one of the most developed countries in the world with a very good welfare system.

-Whats the story about the law that says if you are in a company of less than 100 persons then your boss can sack you at any time without reason even if you have a contract and have been there for years. There are then no grounds for unfair dismissal. Is this true?
I heard that when a company has 98 or 99 staff and they need more staff then they just contract work out so they can always get around this law.

-I am not very familiar with medicare or how it works but have heard that the new expected government is going to get rid of it. Is this like the NHS or is a semi-state private health insurance system.

Sorry if this has been discussed before.

Wendy

Maternity pay: Some companies offer Maternity pay and others don't. You can take up to a year off (I think it's a year) but won't get paid for it, just like the UK. If you are a new migrant (ie; been here less than 2 years) then you won't get any benefits from the Government. On a PR visa you can get the $4000 baby bonus payment though.

Employment Law: The new workplace reforms have taken away a lot of rights for employees and given some over zealous companies a licence to do what they like, but there is still some protection and if you think you have a case you can get someone involved. Details on the reform are on www.workplace.gov.au including info on who to contact if you need to.

Medicare: I don't fully understand Medicare but most of your treatment is free, some doctors may charge a gap fee and this is paid for by you. Some things can be claimed back through Medicare, you take your receipt into a Medicare office and they will reimburse you. There is a lot more to it than that, but like I said I haven't quite got my head around it See www.medicare.gov.au for more info

soulrebel

Didn't know that you didn't get paid in the UK, that sucks!!!
Here in Ireland you get 6 months paid time off by law.(7 months if you add your 4 weeks holiday on there). The government gives you 280 per week with the rest of your salary made up from your employer. You also get an extra 160 per month child allowance and 250 euro per quarter for the special baby 1000 euro per year allowance. If you want to you can take another 6 months (i think) off unpaid leave, mother or father.

My brother-in-law in Sydney was fired after 7 years in his job as supervisor and last month they told him they were re-structering (spelling??) the company and he wasn't involved in their plans, he didn't even get notice.
He told me he didn't do anything wrong and it was within their rights! Thats sh1t!!

Thanks for your replies.

Wendy

I could be wrong, things may have changed in the time I've been out of the country but when I was there was that you got something like 6 weeks (or so, depending on the company really) paid maternity leave from the company then it reverted to Statutory Maternity Pay (I can remember how much it was, but certainly not a lot ) That was after you'd been with them for a certain amount of time, again depending on the company. (It's been about 2 years since I did HR)

I agree, it is!.

Get him to report them. If people don't speak up then nothing will change. Even if he doesn't get the job back, compensation or whatever else at least it will make them think twice about doing it to someone else.

You're welcome

donovandenese

In the UK you would get a minimum of statutory maternity pay for 39 weeks (9 months) if you have been employed for at least 15 weeks by your employer. Statutory maternity pay is currently (since 1st April 2007) 90% of your full salary for the first 6 weeks and then the standard rate for the remaining 33 weeks. Standard rate is £112.75 per week. Many employers offer their own enhanced maternity schemes.

Re entitlement to state benefits in Australia – doesn’t the 2 year waiting period depend which visa you arrive on? I seem to remember reading somewhere that if you enter Australia on a permanent spouse visa you are entitled immediately to state benefits.

soulrebel

I will tell him to do something about it, I thought it was a bit harsh aswell!!

beachgal

I can help you out with mat pay being preggers myself!

Most employers - unless you are a teacher or work for a government dept don't have to pay you any mat pay.

However if you have worked for any employer for 12 months or more (up to when the baby is born) then they are legally obliged to give you 12 months unpaid mat leave and hold your job open for you - they are not legally obliged to offer you different hrs to before though. This rule applies to both casual employees and permanent employees providing > 12 months.

I am a casual nurse and only been with my employer since Feb - as I am due mid-December I am not entitled to mat leave or pay/ job held open. When I stop for mat leave then thats technically it! In UK I would of got 6 months full pay wth NHS and 6 months half pay from memory. I will of course get the baby bonus of $4100 approx - thats non means tested and for everyone permanent in Australia. My employer is nice though and would like me to return to work in some capacity when i'm ready so I may still get to work there again - just no guarantees.

Hope this helps you,

soulrebel

but would a lot of the big companies like banks, multi-nationals etc pay it aswell (even though they don't have to) just to attract the best workers?

beachgal

They would be more likely to but many still wouldn't - it depends on the company really. Paid mat pay just isn't the norm here - majority don 't get it - thats not to say you wouldn't be lucky - things are very different here and I feel backward in that respect. Still love living here though and wouldn't change it for the world - I have also found the private obstetric care i've had first class and i'm getting way more scans and attention that my friend on the NHS back home!

Wendy

Show your support for paid maternity leave in Australia by voting here: http://au.blogs.yahoo.com/marie-clai...ternity-leave/

vickys

Well all us lot who intend to have children in the future (once we actually get out there) is start working for the government or NHS and only get pregnant when ou have been there 12 months!!! Easier said than done though and i'll be definately signing the above link

Chin up you now get 9 months SMP and majority of employers do also offer extended maternity pay over here now. Australia is a far better lifestyle with or without maternity pay

soulrebel

Will definitely sign that. Thanks for the link.

themerlin

I don't think they are that bad, the unions are spending lots of cash in negative adds because they are worried about loosing they power, not about employees.

I think anything that cuts some red tape here can't be bad

rabsody

Hmmm, I would disagree, I think it is Howard that is worried about "losing the power and not the employees". While I don't necessarily agree with unions having the upper hand (which, let's face it, they haven't had for many years anyway), I think anything that erodes workers rights against big business is not good. These rights have been hard fought for and, if we'd left it up to the conscience of employers to provide, we would not take for granted holiday pay and sick leave as we do now. If anything I'd provide stricter contracts in the public sector and the cushy deal they get! I've done stints in govt. (a year was the longest I could hack) and the 'it's not in my job description'-work-ethic, endless consultants on huge hourly rates and bureaucratic mismanagement of just about everything they touch is an apalling waste of taxpayers' money (this is of course generalising and from my personal experience I realise not everyone in govt. is like this).