Dealing with the Fair Work Ombudsman
While the Fair Work Ombudsman may appear to some employers mostly as an agent designed to enforce Fair Work legislation, they also serve a very helpful purpose by providing advice and education to businesses and employers in general. Points to bear in mind If you are an employer and are unsure of your Fair Work […]
The Repercussions of Restaurant Underpayments of Wages
Recent cases of restaurant underpayments have drawn significant media attention. One such case is the alleged denial of employee wages by high-end restaurant chain Rockpool. The restaurant has been accused of tampering with pay and time-sheet software to make employees, some of whom worked up to 100 hours a week, appear to have only worked […]
Jail Time Proposed For Employers Who Underpay Workers
A report to the federal government by the Migrant Workers’ Taskforce has recommended that jail time be introduced if employers underpay workers. This would significantly increase the severity of penalties available to courts, with the Fair Work Act currently only including civil penalties for breaches. However, it should be noted that criminal sanctions would only […]
How Record Keeping Can Help You With Underpayment Claims
New laws tested by the Fair Work Ombudsman mean that good record keeping can help considerably in determining the outcome of underpayment claims. The Protecting Vulnerable Workers’ Act, introduced in 2017, amended the Fair Work Act to increase protections for vulnerable workers. The amendment introduced a ‘reverse onus of proof’ in underpayment claims. Prior to […]
Are You Considering Reporting Underpaid Wages?
Underpayment is unfortunately common in Australia. Many employees are underpaid based on their statutory entitlements. A recent report uncovered how common underpayment is amongst international people living in Australia, especially backpackers and international students. If you believe this fits you, should you be reporting underpaid wages? Working out if you have been underpaid Many employees […]
The Employers Guide To Handling Underpayment Of Wages
It is the duty of employees to avoid underpayment of wages issues by ensuring that their employees are being paid correctly and that good records are kept regarding employees and payment. Employers also have a duty ensure that they are paying employees ALL their entitlements, leave and overtime. Set off clauses and Individual Flexibility Agreements, […]
Underpayment still a big issue for small businesses
Large fines for underpayment in small business Two businesses, a café and a retail shop owned by the same person, have been handed a $134,000 fine by the Federal Circuit Court of Australia, for the underpayment of three workers. This is a high price to pay for a small business. The Fair Work Commission has […]
Are you being underpaid at work?
For every job role there is a minimum rate of pay or salary which you are entitled to. Any figure under that minimum entitlement means you’re underpaid at work, and you are entitled to that difference. How do I check my minimum entitlements? You can check your minimum entitlements through reviewing the specific modern Award […]
Directors and Executives Beware: Liability Under Section 550
The Fair Work Ombudsman (‘FWO’) conducted an investigation into a cleaning business called Grouped Property Services (‘GPS’). The investigation revealed numerous failures to pay minimum entitlements and to comply with the Fair Work Act 2009 (Cth) (‘FW Act’), the Cleaning Services Award 2010 (Cth) and the Clerks Modern Award 2010 (Cth). Many of these failures […]
Penalties ordered against Employer and Directors personally for breaches of the Fair Work Act
The Fair Work Ombudsman is taking an increasingly aggressive approach in seeking to recover civil penalties from employers who have failed to pay their employees in accordance with the applicable Modern Award. In the case of Fair Work Ombudsman v Mamak Pty Ltd [2016] FCCA 2104, Judge Smith of the Federal Circuit Court ordered Mamak, […]