Job doesn’t want to pay overtime, now they are saying I ‘breached fatigue policy’
So long story short I work for a corporation in FIFO and 3 weeks ago I was asked to stay an extra week, the only other person on swing with me was brand new to fifo and never worked in the industry in Australia before, my direct manager/supervisor asked me to work extra hours as minimum as possible because the new person was told that she would get a ‘buddy’ to train her through her first swing.
We agreed that for the first 2 and last 2 days of my extra swing I would do 2am-6am and 9am-9pm, sorta like a split shift.
On the last day specifically I had to work because a delivery came at 3.30am, site water got shut off at 4.30am and while I tried to call all my managers none were in contact as none were onsite and due to the early hours were asleep.
My logged hours were changed on the signing system we use to say I didn’t work the last 3 days at all and I have been spending the last couple of weeks chasing it up.
This morning I woke up to an email from my managers manager saying that I have breached the ‘fatigue policy’ and asked for proof that my direct manager specifically approved those days and hours, however this was a verbal conversation and not much is stopping anyone from making this a he said/ she said scenario.
Because of this I’m pretty sure I will get a written warning and at the very best case they won’t pay me for the extra hours but will pay me for the extra days that have proof of being asked to do.
The pay is split between the swing so the first half of the overtime has already been paid but the last 3 days fall on the next pay period (last weeks).
However my question is 1. Can they fire me for this? 2. If I take it to fair work can I get my overtime paid? 3. If they fire me, can it be contested against through fair work?
Maybe I shouldn’t have asked for the extra overtime but it’s what they asked of me and the situation had no other option because it’s not fair they keep scheduling new employees telling them they will be with someone all swing to be trained and then putting them on sites which doesn’t even have a manager onsite, let alone someone on the same shift as them. At the very least I want the 3 days they specifically asked me to work.
I would ask hr but as I recently found out the same people that schedule people and do payroll are also hr (which in my opinion is a red flag for a corporation and is making me rethink my employment) and this puts me in an uncomfortable situation as obviously they don’t want to get in trouble for 1. The rostering of new people with no manager 2. Putting me in a situation where overtime is unavoidable 3. Changing my hours that I have worked and logged.