Fair Work Infoline: 13 13 94
Media Release
20 Nov 2009
Back-pay for workers in Melbourne’s South and
South-Eastern suburbs
Nine administration workers for a company at Noble Park have been reimbursed
almost $50,000 after an investigation by the Fair Work Ombudsman found they
were underpaid.
Inspectors discovered the employees had been inadvertently short-changed for
overtime and weekend penalty rates.
After discussions with Fair Work inspectors, the employer voluntarily back-paid
the staff a total of $48,250 – an average of $5360 each.
The case is one of many complaints finalised recently on behalf of workers in
Melbourne’s South and South-Eastern suburbs.
Melbourne-based inspectors have discovered the underpayments through a
combination of routine audits and investigations into complaints from workers.
Significant underpayments were recovered in the retail, construction and
hospitality industries.
They include:
$16,000 for five workers at three franchise stores on the Mornington
Peninsula underpaid annual leave and sick leave entitlements,
$14,330 for a Mt Waverley receptionist underpaid the minimum hourly rate,
weekend penalty rates and annual leave entitlements,
$14,020 for 35 workers at a Parkdale retailer underpaid the minimum casual
hourly rate and weekend penalty rates,
$10,000 for a Port Melbourne retail worker underpaid the minimum hourly
rate,
$9680 for a young Narre Warren labourer underpaid the minimum hourly
rate and annual leave entitlements,
$8520 and $5115 for two workers at a Hastings food outlet underpaid the
minimum hourly rate and annual leave entitlements,
$8450 for a hospitality industry worker in Glen Waverley underpaid annual
leave and redundancy entitlements,
$8250 for a Highett trades assistant underpaid the minimum hourly rate,
$8080 for a food retailer in Mornington underpaid the minimum hourly rate,
$7480 for a Bentleigh East book-keeper underpaid pay in lieu of notice,
annual leave, superannuation, public holiday pay and two weeks wages,
$6920 for a clerk at a Dandenong business underpaid redundancy
entitlements,
$6000 for a Dandenong tradesperson underpaid annual leave entitlements,
$5530 for a Malvern restaurant cook underpaid the minimum hourly rate,
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Fair Work Infoline: 13 13 94
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$5500 for a migrant production worker at a Clayton business underpaid the
minimum hourly rate and penalty rates,
$5450 for a manager at a Carnegie business underpaid one weeks wages and
annual leave entitlements,
$5130 for a Springvale apprentice underpaid the minimum hourly rate and
annual leave entitlements,
$5020 for a Dandenong production worker underpaid redundancy
entitlements,
$5000 for a young Cheltenham administration worker underpaid the
minimum hourly rate and penalty rates, and
$5000 for a St Kilda pub worker underpaid the minimum hourly rate 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.
“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.
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.
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.
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 with and investigates breaches of
national workplace laws.
NOTE: We are unable to identify individual businesses or provide additional
information about the cases listed.
Media: Craig Bildstien, 0419 818 484. craig.bildstien@fwo.gov.au
Ryan Pedler, (03) 9954 2561, 0434 365 924. ryan.pedler@fwo.gov.au
NEWS 
