Fair Work Infoline: 13 13 94
Media Release
10 Nov 2009
Frankston apprentice dismissed after he
queried his pay, watchdog alleges
The workplace watchdog is prosecuting the operators of a Frankston business for allegedly
dismissing an apprentice after he queried his pay.
The Fair Work Ombudsman has launched a prosecution against Gisela Bottcher, owner of
Frankston tiling business GB Studio Enterprises, and her husband Wolfgang Bottcher, who
jointly operates the business with his wife.
Documents lodged in the Federal Magistrates Court in Melbourne allege that in December,
2007, an apprentice tiler working at GB Studio Enterprises asked the Bottchers whether he
was entitled to receive annual leave loading.
The apprentice, then aged 21, subsequently contacted the Workplace Infoline in early
January, 2008, and was told he was entitled to a 17.5 per cent loading.
The apprentice allegedly informed the Bottchers of this on January 14 and the Workplace
Authority emailed the information to the Bottchers on January 17.
On January 22 last year, the Bottchers allegedly held a meeting and told the apprentice
and three other apprentices that if they were to receive Award wages some of their
conditions, such as having tools and vehicles supplied, would be removed.
At the end of the meeting, the apprentice was allegedly dismissed.
Fair Work Ombudsman Victorian Director Paul Werner says the Bottchers are being
prosecuted because the alleged circumstances of the dismissal and threats to remove
conditions constitute serious contraventions of workplace laws.
Mr and Mrs Bottcher were allegedly each involved in five contraventions of workplace laws.
The maximum potential penalty per breach is $6600 for each of them.
The Fair Work Ombudsman is also seeking a Court Order for Mrs Bottcher to pay the
dismissed apprentice $1018 compensation, representing lost wages following his dismissal.
The case is listed for a directions hearing on December 18.
A Fair Work Ombudsman investigation into whether other apprentices at GB Studio
Enterprises were underpaid is ongoing.
The Fair Work Ombudsman promotes harmonious, productive and co-operative
workplaces. It also monitors compliance and investigates breaches of national workplace
laws.
Employers or employees seeking assistance should contact the Fair Work Infoline on 13 13
Media:
Craig Bildstien, 0419 818 484. Ryan Pedler, 0434 365 924.