Fair Work Infoline: 13 13 94
Media Release
12 Dec 2009
Brisbane company back-pays three young
workers almost $85,000
A Brisbane company has reimbursed three young workers almost $85,000 after
the Fair Work Ombudsman found they had been underpaid.
The underpayments were discovered after a random audit by inspectors revealed
the three were paid training rates instead of their correct entitlements.
One of the young employees was underpaid more than $42,000.
In another case, two Brisbane production workers have also been reimbursed
$16,200 after separate investigations.
The pair, who worked at Kedron, complained after they were made redundant
but were not paid-out their accrued annual and long service leave entitlements,
severance pay and pay in lieu of notice.
After Fair Work inspectors contacted the company, the workers were promptly
reimbursed $8900 and $7300 respectively without the need for further action
against the company.
The recoveries are among a dozens of cases finalised recently on behalf of
workers throughout Brisbane.
Inspectors discovered the underpayments through a combination of routine audits
and investigations into complaints from workers.
They include include:
$50,000 for an employee at a Brisbane business who had complained about
being underpaid entitlements on termination, including superannuation and
worker's compensation,
$11,100 for the manager of a Milton business underpaid accrued annual
leave entitlements on termination of his employment position,
$9580 for a supervisor at a Hemmant business underpaid accrued annual
leave and time in lieu entitlements on termination,
$9430 for a Sunnybank IT worker underpaid redundancy entitlements and
superannuation,
$9020 for a Capalaba food outlet worker underpaid annual leave entitlements
and pay in lieu of notice,
$8200 for a Brisbane real estate agent underpaid commissions,
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Fair Work Infoline: 13 13 94
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$8100 for a retail salesperson at Underwood who was underpaid long service
leave entitlements and had unlawful deductions made from their pay,
$7400 for a Stapylton clerical worker underpaid annual leave entitlements
and pay in lieu of notice,
$7100 for a Carindale receptionist underpaid the minimum hourly rate and
overtime,
$6800 for a Wacol artist underpaid accrued annual leave on termination,
$6650 for the manager of a Capalaba business underpaid annual leave
entitlements and not paid for some hours worked,
$6120 for a Rowville shop assistant underpaid accrued annual leave and long
service leave entitlements on termination,
$6100 for a Brendale driver underpaid the minimum hourly rate and not-paid
for some hours worked,
$6040 for an Albany Creek IT worker who was underpaid accrued annual
leave entitlements on termination and not paid for some time worked,
$5890 for a Forest Lake retail worker underpaid redundancy entitlements
and pay in lieu of notice,
$5620 for a Brisbane IT worker who had not been paid for some hours
worked,
$5570 for a Brendale sales manager underpaid redundancy entitlements,
$5320 for the manager of a Kelvin Grove business underpaid the minimum
hourly rate and accrued annual leave entitlements on termination, and
$5240 for a Hemmant tradesman underpaid severance pay and other
entitlements on termination.
Fair Work Ombudsman Queensland Director Julie Wade says most of the
underpayments resulted from a lack of understanding by employers of their legal
obligations, including applicable Awards and pay-scales.
“That’s why the Fair Work Ombudsman places such a strong focus on educating
employers and assisting them to understand and comply with workplace laws,”
she said.
Ms Wade says in most cases, the Fair Work Ombudsman does not prosecute
employers for inadvertent breaches of workplace laws.
“However, employers need to be aware that they can face fines of up $33,000 per
breach if we do take matters to court,” she said.
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“Most of the $70 million we have recovered for 54,000 workers throughout
Australia over the past two years has been recouped without resorting to
litigation.”
Ms Wade says employers or employees seeking up-to-date information on wage
Infoline on 13 13 94. Translations are available by calling 13 14 50.
“The Fair Work Ombudsman’s website also includes information and templates to
help employers better manage employment records and payslips,” she said.
“Employers need to be aware that under Commonwealth workplace laws they
must keep accurate time, wages, annual leave and other employment records
and issue sufficiently detailed payslips.”
Eleven Best Practice Guides have been developed by the Fair Work Ombudsman
to assist employers make better use of the provisions of the Fair Work Act and
better understand other aspects of workplace laws.
The new guides are on the website and cover work and family, consultation and
co-operation, individual flexibility arrangements, employing young workers,
gender pay equity, small business, workplace privacy, managing
underperformance, effective dispute resolution and improving workplace
productivity in bargaining.
The Fair Work Ombudsman has also published the Fair Work Information
Statement, a new tool to help workers better understand their rights. From next
year, a copy must be provided to all new employees.
From January 1, small business will operate under the Federal Government’s new
safety net of minimum employment conditions under the National Employment
Standards.
Ms Wade encouraged employers to act now to find out about and prepare for the
changes, saying her Agency can assist.
The Fair Work Ombudsman promotes harmonious, productive and co-operative
workplaces. It also monitors compliance and investigates breaches of national
workplace laws.
NOTE: We are unable to identify individual businesses or provide additional
information about the cases listed.
Media inquiries:
Craig Bildstien, Director Media & Stakeholder Relations. 0419 818 484.
craig.bildstien@fwo.gov.au
Ryan Pedler, Senior Adviser Media & Stakeholder Relations. (03) 9954
2561, 0434 365 924. ryan.pedler@fwo.gov.au
NEWS 
