Fair Work Infoline: 13 13 94
Media Release
23 Nov 2009
Employers urged to register apprentices without
delay to avoid wage breaches
The Fair Work Ombudsman is urging Western Australian employers not to delay
registering new apprentices.
WA Director Leigh Quealy says his office has encountered more than 10 cases this
year of employers delaying or completely failing to lodge apprenticeship
agreements for young workers.
Only registered apprentices can be paid apprentice rates, but we are finding
some employers paying at this level despite not having officially registered their
workers, he said.
When inspectors come across cases where employers have been erroneously
paying a worker apprentice rates for some time, the business can find itself faced
with a significant underpayment.
The employer ends up being hit with a hefty bill for back-payment of wages that
was not budgeted for.
Mr Quealy says that despite receiving their proper entitlements, the young
workers also suffer because they often have to start their formal apprenticeship
again.
Some employers seem to think they can pay apprenticeship rates if the intention
is to sign an apprenticeship agreement and that agreements can be back-dated,
he said.
This is often not the case. The Department of Education and Trainings
ApprentiCentre determines whether apprenticeships can be back-dated on a case
by case basis.
Recent examples of this occurring include:
A
young northern suburbs electrician being paid apprentice rates for four
months despite his employer not lodging an apprenticeship agreement. The
employer had to back-pay the worker $5412.
A young Geraldton plumber being back-paid $4425 after his employer delayed
lodgement of the apprenticeship agreement by four months, and
A
northern suburbs employer being found to have underpaid a young
electrician a total of $9892 as a result of paying him apprentice rates for five
months before lodging an apprenticeship agreement.
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Fair Work Infoline: 13 13 94
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The young electrician has not yet been back-paid and the employer may face
legal action.
Mr Quealy says the issue is state-wide across a variety of industries, with several
complaints coming from apprentices in industries including electrical trades,
construction and hairdressing.
Employers or employees seeking information or assistance should call the Fair
Work Infoline on 13 13 94 or visit www.fwo.gov.au For translations call 13 14 50.
The Fair Work Ombudsman promotes harmonious, productive and co-operative
workplaces. It also monitors compliance and investigates breaches of national
workplace laws.
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