Fair Work Infoline: 13 13 94
Media Release
2 Dec 2009
Wollongbar couple to face court for allegedly
underpaying workers almost $75,000
The Fair Work Ombudsman has launched a prosecution against the operators of a
NSW security company over their alleged involvement in underpaying 22 workers
almost $75,000.
Facing court is Damien Peter Love, the sole director of Drymist Holdings Pty Ltd,
and his wife Tammy Leigh Love, a part-owner of the Wollongbar-based company.
Drymist Holdings was placed into liquidation in August this year, which prevents
the Fair Work Ombudsman from prosecuting the company.
Documents lodged in the Federal Magistrates Court in Sydney allege Mr and Mrs
Love were involved in Drymist Holdings Pty Ltd underpaying 22 casual security
officers a total of $74,389.
It is alleged that for various periods of time in 2007 and 2008 the security officers
were paid according to rates stipulated in Australian Workplace Agreements
(AWAs) lodged with the Workplace Authority.
The Workplace Authority found that the AWAs failed to pass the ‘fairness test’.
The Workplace Authority ordered Drymist Holdings to compensate the security
officers for the entitlements they were underpaid but it is alleged that the
company repeatedly failed to do so.
The biggest alleged underpayment of an individual worker is $10,355.
Fair Work Ombudsman NSW Director Mark Davidson says the decision to
prosecute Mr and Mrs Love was made because of the significant amounts involved
and their failure to rectify them.
The Fair Work Ombudsman alleges Mr and Mrs Love committed multiple
contraventions of workplace laws. They each face a maximum potential penalty of
$6600 per breach.
The case is listed for mention on December 17.
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 queries: Craig Bildstien, 0419 818 484, craig.bildstien@fwo.gov.au
Ryan Pedler, (03) 9954 2561, 0434 365 924. ryan.pedler@fwo.gov.au
NEWS 
