Fair Work Infoline: 13 13 94
Media Release
5 Nov 2009
Workplace watchdog recovers $7000 back-pay
for Macedon Ranges farm worker
A Macedon Ranges farm worker has been reimbursed $7100 after an investigation
by the Fair Work Ombudsman found he was underpaid.
The farm worker, from near Sunbury, lodged a complaint when he was made
redundant but was not paid his full severance pay.
After Fair Work inspectors contacted the employer, the money owed was
voluntarily back-paid without the need for further action.
The case is one of a number finalised recently on behalf of workers in the
Macedon Ranges.
Inspectors unearthed the underpayments through a combination of routine audits
and investigations into complaints from workers.
Significant underpayments were discovered in the security, hospitality and
construction industries.
They include:
$9200 for a security industry worker near Sunbury underpaid weekend
penalty rates and annual leave entitlements,
$9000 for a Gisborne hospitality industry worker who had not been paid for
some hours worked each week, and
$5560 for a supervisor at a Gisborne business underpaid accrued annual
leave entitlements and pay in lieu of notice.
Fair Work Ombudsman Executive Director Michael Campbell says most of the
underpayments were the result of a lack of understanding by employers of their
legal obligations, including applicable Awards and pay-scales.
Thats 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.
Mr Campbell 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, he said.
2
Fair Work Infoline: 13 13 94
2
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.
Mr Campbell 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 Ombudsmans 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