Fair Work Infoline: 13 13 94
Media Release
25 Mar 2010
Perth baker fined $19,500 for underpaying driver
A
Perth baker has been fined $19,500 for underpaying a delivery driver.
The penalty was handed down in the Federal Magistrates Court yesterday against
Efes Bakery Pty Ltd at Welshpool following a prosecution by the Fair Work
Ombudsman.
Federal Magistrate Denys Simpson imposed the fine after the company admitted
underpaying the driver $16,204 between 2006 and 2008.
FM Simpson said the amount was significant considering the driver had relatively
low wage entitlements.
The driver was employed on a casual basis to deliver bread products to customers
around Perth.
Efes Bakery paid the employee $60 to $65 per shift, regardless of the number of
hours he worked, which resulted in underpayment of the casual loading, overtime
rates and early-start premiums he was entitled to.
The Fair Work Ombudsman discovered the underpayments after investigating a
complaint from the employee.
The company has now rectified all underpayments.
Efes Bakery also contravened workplace laws by failing to maintain proper
employment records for the driver.
In total, the company committed seven contraventions of workplace laws.
Fair Work Ombudsman WA Director Leigh Quealy says the court penalty
illustrates that failing to pay employees their full entitlements is a serious matter.
Employers or employees seeking assistance should contact the Fair Work Infoline
The Fair Work Ombudsman promotes harmonious, productive and co-operative
workplaces. It also monitors compliance with 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