Fair Work Infoline: 13 13 94
Media Release
19 Nov 2009
Watchdog recovers back-pay for workers in
Melbournes Western suburbs
A trades assistant at Hoppers Crossing has been back-paid almost $20,000
after complaining to the Fair Work Ombudsman.
Inspectors examining his case found the man had been underpaid his minimum
hourly rate and annual leave entitlements.
Fair Work inspectors raised the issue with the mans employer, who voluntarily
reimbursed the worker $18,800.
In separate cases at Hoppers Crossing, a receptionist has also been reimbursed
$9530 after the Fair Work Ombudsman found she had been underpaid weekend
and evening penalty rates and a transport industry worker has received $8000
after being underpaid the minimum rate.
The complaints are among the cases finalised recently on behalf of workers in
Melbournes Western suburbs.
Inspectors discovered the underpayments through a combination of routine audits
and investigations into complaints from workers.
Significant underpayments were unearthed in the transport industry and various
trades industries.
They include:
$6460 for a transport industry worker in West Melbourne underpaid the
minimum hourly rate,
$7690 for a Derrimut book-keeper underpaid annual leave and redundancy
entitlements,
$13,480 for a transport industry worker in Werribee underpaid minimum
rates and allowances,
$11,720 for a Deer Park labourer underpaid the minimum hourly rate,
weekend penalty rates and overtime,
$9470 for a technician at West Footscray underpaid the minimum hourly
rate,
$7920 for a Werribee transport industry worker underpaid the minimum
hourly rate,
$5110 for a Deer Park transport industry worker underpaid the minimum
hourly rate, and
$5720 for a West Melbourne tradesperson underpaid annual leave
entitlements, pay in lieu of notice and for time worked.
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Fair Work Infoline: 13 13 94
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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.
Thats 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 Ombudsmans 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 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