Fair Work Infoline: 13 13 94
Media Release
30 Jan 2010
Perth business faces court for allegedly failing
to provide employment records
The Fair Work Ombudsman has launched a prosecution against a Perth business
and one of its directors, alleging they failed to provide the employment records of
a former employee who claimed he had been underpaid.
Facing court is earthmoving and road construction business Industrial Roadpavers
(WA) Pty Ltd - based in Bibra Lake - and the company’s director-controller Marc
William Skewes, of Mosman Park.
The Fair Work Ombudsman alleges Mr Skewes was centrally involved in Industrial
Roadpavers failing to comply with requests to provide employment records.
Under workplace laws, employers must keep employment records for employees
and former employees and provide them to Fair Work inspectors upon request.
Documents lodged in the Federal Magistrates Court in Perth allege that a former
employee of Industrial Roadpavers complained to the Fair Work Ombudsman in
late 2008 that the company had not paid him for some hours worked, pay in lieu
of notice and some annual leave entitlements.
It is alleged that Fair Work inspectors made numerous requests to Industrial
Roadpavers to supply time-and-wages records for the employee, as well as
employment records relating to his annual leave and employment commencement
and termination dates.
Fair Work Ombudsman Executive Director Michael Campbell claims the company
has supplied only some of the required time-and-wages records and failed to
supply other employment records requested.
“We are alleging that Industrial Roadpavers is refusing to provide the records – or
alternatively, that the company never made and kept the records and so is not
able to provide them,” he said.
It is alleged Industrial Roadpavers and Mr Skewes have committed multiple
breaches of workplace laws. The maximum potential penalty is $5500 for the
company and $1100 for Mr Skewes. The case is listed for mention on February
12.
The Fair Work Ombudsman promotes harmonious, productive and co-operative
workplaces. It also monitors compliance and investigates breaches of national
workplace laws.
Employers or employees seeking assistance should contact the Fair Work Infoline
Media: Craig Bildstien, 0419 818 484. Ryan Pedler, 0434 365 924.
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