Fair Work Infoline: 13 13 94
Media Release
2 Dec 2009
Sydney company faces court for allegedly
underpaying six workers almost $30,000
The Fair Work Ombudsman has launched a prosecution against a Sydney
company and a director for allegedly underpaying six workers almost $30,000.
Facing court will be Asteria Joinery Pty Ltd, which is based in Botany, and a
director of the company, Ryan Marsh, also of Botany.
Documents lodged in the Chief Industrial Magistrate’s Court in Sydney allege Mr
Marsh was involved in Asteria Joinery underpaying six workers it employed for
various periods between March, 2006 and February, 2009.
Asteria Joinery allegedly underpaid the workers’ minimum hourly rates, sick and
annual leave entitlements, overtime rates and an allowance. The biggest alleged
underpayment of an individual worker is $5760.
Mr Marsh was allegedly also involved in Asteria Joinery failing to issue payslips to
employees as required under workplace laws.
A Fair Work inspector discovered the alleged underpayments when investigating
complaints made by workers earlier this year.
It is alleged that Asteria Joinery back-paid three of the workers $300 each in July
but repayments totalling $27,234 remain outstanding.
Fair Work Ombudsman NSW Director Mark Davidson says the decision to
prosecute Asteria Joinery and Mr Marsh was made because of the significant
amounts involved and the employer’s failure to fully rectify the matter.
The Fair Work Ombudsman alleges Asteria Joinery and Mr Marsh committed
several contraventions of workplace relations laws.
The maximum potential penalty per breach is $33,000 for the company and
$6600 for Mr Marsh for the underpayment matters - and $5500 for the company
and $1100 for Mr Marsh for allegedly failing to issue payslips.
The Fair Work Ombudsman is seeking a Court Order for Asteria Joinery to back-
pay the workers the money it alleges is still owed. The case is listed for a
directions hearing on January 6.
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
Media: Craig Bildstien 0419 818 484. Ryan Pedler, 0434 365 924.
NEWS 
