Fair Work Infoline: 13 13 94
Media Release
18 Nov 2009
Melbourne accountant back-paid $54,000 after
watchdog intervenes
An Brunswick accountant who lost his job has been back-paid more than $50,000
after he complained to the Fair Work Ombudsman.
Investigators discovered the man had been short-changed on his minimum hourly
rate, annual leave entitlements and redundancy payment.
After Fair Work inspectors contacted the employer, the company voluntarily
reimbursed the accountant $54,600.
The case is one of dozens finalised recently on behalf of workers in Melbourne’s
Northern and North-Western suburbs.
Fair Work inspectors in Melbourne discovered the underpayments through a
combination of routine audits and investigations into complaints from workers.
Significant underpayments were recovered in the retail, security and cleaning
industries.
They include:
$18,200 for a North Melbourne security industry worker underpaid penalty
rates,
$11,830 for a migrant Fairfield cleaner underpaid the minimum hourly rate
and annual leave entitlements,
$7970 for a Brunswick retail worker underpaid the minimum hourly rate, pay
in lieu of notice and annual leave entitlements,
$5750 for a Coolaroo administration worker underpaid the minimum hourly
rate,
$5660 for a Campbellfield tradesman underpaid the minimum hourly rate
and overtime,
$5550 for a Collingwood sales manager underpaid annual leave entitlements
and expenses,
$5420 for a Sunshine service industry worker who was underpaid the
minimum hourly rate and had unlawful deductions made from wages,
$5030 for an Epping hairdresser underpaid the minimum hourly rate and
overtime rates, and
$3640 for a tyre fitter at Thomastown underpaid the minimum hourly rate,
overtime and annual leave entitlements.
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.
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Fair Work Infoline: 13 13 94
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“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.
“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.”
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.
“The Fair Work Ombudsman’s 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 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 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
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