Fair Work Infoline: 13 13 94
Media Release
27 Oct 2009
Back-pay for workers in Sydneys Southern and
South-Western suburbs
Dozens of underpaid workers in Sydneys Southern and South-Western suburbs
have been reimbursed thousands of dollars after investigations by the Fair Work
Ombudsman.
NSW inspectors unearthed underpayments of more than $375,000 over the past
few months through a combination of routine audits and investigations into
complaints from the Southern and South-West suburbs.
Significant underpayments were discovered in the retail, construction and
manufacturing industries.
In one case, a salesperson at Liverpool has been back-paid $11,000 after her
employer failed to pay her full wages, commissions and superannuation.
Fair Work inspectors helped the company to understand its obligations and it
voluntarily complied without the need for further action.
Other recoveries include:
$30,000 for a salesperson in Arncliffe underpaid annual leave, long service
and superannuation entitlements,
$17,700 for a salesperson at Kingsgrove underpaid termination entitlements
including long service,
$12,800 for a production worker in Marrickville underpaid long service leave
entitlements,
$11,000 for a clerk in Ingleburn underpaid overtime and annual leave
entitlements,
$10,700 for a production worker in Kurnell underpaid redundancy
entitlements,
$10,000 for a salesperson in Hurlstone Park for non-payment of some time
worked,
$9000 for a labourer in Ingleburn underpaid annual leave entitlements and
non-payment of some hours worked,
$6800 for a manager at Ingleburn underpaid annual leave entitlements,
four-weeks salary and pay in lieu of notice,
$6600 for a Kingsway West construction industry worker underpaid wages
and annual leave entitlements,
$2700 for a salesperson in Hurstville underpaid on termination, including pay
in lieu of notice and annual leave entitlements, and
$1900 for six young workers at a Campbelltown food outlet underpaid the
minimum hourly rate, penalty rates and annual leave pay.
Fair Work Ombudsman NSW Director Mark Davidson 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.
Fair Work Infoline: 13 13 94
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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 Davidson says in most cases, the Fair Work Ombudsman does not prosecute
employers for inadvertent breaches of workplace laws.
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 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