Fair Work Infoline: 13 13 94
Media Release
18 Jan 2010
Fair Work Ombudsman recoups $27,000 back-
pay for Toowoomba salesperson
A Toowoomba salesperson has been back-paid $27,000 after an investigation by
the Fair Work Ombudsman found he was underpaid.
The employee lodged a complaint with the Fair Work Ombudsman when he was
made redundant but not paid commission on finalised sales contracts.
After inspectors contacted the company, the employee was promptly reimbursed
without the need for further action against the company.
In a separate case, two Toowoomba agricultural workers have been reimbursed
more than $18,000 in back-pay.
The two were also made redundant and lodged complaints after their employer
did not pay their final weeks’ wages or accrued annual leave entitlements.
Similarly, the employer rectified the issue after contact from Fair Work inspectors.
The recoveries are among a number of cases finalised recently on behalf of
workers in South-East Queensland.
Inspectors discovered the underpayments through a combination of routine audits
and investigations into complaints from workers.
Common non-compliance issues inspectors have encountered in the South-East
include underpayment of workers’ minimum hourly, overtime and penalty rates
and failure to pay full entitlements to workers upon termination of their
employment.
Other recoveries include:
$26,000 for eight labourers in the Lockyer Valley who were underpaid
their casual hourly rate,
$8800 for a Toowoomba fitter and turner underpaid severance
entitlements and payment-in-lieu of notice,
$7200 for a Warwick salesman underpaid commissions on finalised sales
contacts after his employment was terminated,
$6900 for a Toowoomba transport worker underpaid his hourly, overtime
and penalty rates,
$5600 for a Hatton Vale labourer who was underpaid because his
employer used incorrect pay rates, and
$4000 for a Toowoomba painter underpaid his overtime rate and penalty
rates.
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Fair Work Infoline: 13 13 94
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Fair Work Ombudsman Executive Director Michael Campbell says his Agency
places a strong focus on educating and assisting employers to understand and
comply with workplace laws.
“We have a flexible, fair approach and our preference is always to work with
employers to help them voluntarily rectify any non-compliance issues we
identify,” he said.
The Fair Work Ombudsman can help employers and workers to understand their
rights and obligations under new National Employment Standards and Modern
Awards, which took effect on January 1.
It has a range of user-friendly resources on its website to assist employers
comply with workplace laws and operate their workplace at best practice.
For example, 11 Best Practice Guides have been developed to assist employers
make better use of the provisions of the Fair Work Act and better understand
other aspects of workplace laws.
The guides 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.
Employers or employees seeking advice or assistance should contact the Fair
14 50.
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 of Media & Stakeholder Relations, 0419 818 484.
craig.bildstien@fwo.gov.au
Ryan Pedler, Senior Adviser, 0434 365 924. ryan.pedler@fwo.gov.au
NEWS 
