Fair Work Infoline: 13 13 94
Media Release
28 Oct 2009
$320,000 back-pay for Central NSW workers
Dozens of underpaid workers in central NSW have been reimbursed more than
$320,000 following investigations by the Fair Work Ombudsman.
Orange-based inspectors unearthed the underpayments through a combination of
routine audits and investigations of complaints from workers.
Significant underpayments were discovered in the transport, retail, manufacturing
and social services industries.
In one case, a 457 visa-holder employed at a manufacturing business near
Orange was back-paid $15,600.
The employer had been making unlawful deductions from the worker’s pay and
short-changing his minimum hourly rate and annual leave entitlements.
Fair Work inspectors helped the company to understand its obligations and it
voluntarily complied without the need for further action.
Other recent recoveries include:
$16,000 for a social services industry worker in Orange who had been
underpaid long service leave entitlements and severance pay,
$13,900 for a manager at a Dubbo business who had been underpaid wages
and annual and long service leave entitlements on termination,
$12,500 for a transport industry worker near Gulgong who had been
underpaid the minimum hourly rate and penalty rates,
$10,100 for an administrative worker at a Cobar business who had been
underpaid the minimum hourly rate,
$8800 for a Forbes retail worker who had been underpaid the minimum
hourly rate,
$7000 for a Dubbo professional who had been underpaid annual leave and
other entitlements on termination,
$6800 for a blue collar 457 visa-holder in Dubbo who was not paid for some
hours worked or paid in lieu of notice on termination, and
$5200 for a transport industry worker near Gulgong who had been underpaid
the minimum hourly rate, allowances and penalty rates.
Fair Work Ombudsman NSW Director Mark Davidson 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,” he
said.
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Fair Work Infoline: 13 13 94
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Mr Davidson says in most cases, the Fair Work Ombudsman does not prosecute
employers for inadvertent breaches of workplace law.
“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,” he said.
“However, employers need to be aware that they can face fines of up $33,000 per
breach if we do take matters to court.”
Mr Davidson says employers or employees seeking up-to-date information on
wage rates and conditions should visit www.fwo.gov.au or contact the Fair Work
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,” he 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 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 
