Media release

17 November 2009

Southbank restaurant back-pays chef $13,500

A chef at one of Melbourne’s Southbank restaurants has been reimbursed $13,500 after an investigation by the Fair Work Ombudsman found he was underpaid.

The chef had been short-changed the minimum hourly rate as well as weekend, night and overtime penalty rates over a period of seven months.

In separate cases at Southbank, Fair Work inspectors have also recouped $56,400 for a business analyst, $33,000 for a finance industry worker and $19,100 for three marketing industry employees.

The business analyst had not been paid severance pay, while the finance worker was not paid accrued long service leave or outstanding wages when he left his employer.

Similarly, investigators looking into the entitlements of the marketing employees found they had also been short-changed annual and long-service leave payments.

The recoveries are among dozens of cases finalised recently on behalf of workers in Melbourne’s CBD and inner suburbs.

The problems were unearthed through a combination of routine audits and investigations into worker complaints.

Significant underpayments were discovered in the finance, property and hospitality industries.

They include:

  • $19,500 for the building manager of a city apartment complex who had not been paid for all hours worked,
  • $10,000 for a city office manager underpaid annual leave and long service leave entitlements,
  • $9500 each for a cleaner and administrative worker at Richmond – one who was underpaid wages, pay in lieu of notice annual leave entitlements and severance pay and another underpaid the minimum hourly rate and not paid for some hours worked,
  • $9520 for the chief operating officer of a city IT company underpaid annual leave entitlements on termination,
  • $8800 for a South Melbourne arts industry worker underpaid redundancy entitlements,
  • $7940 for a city architect who was underpaid overtime,
  • $7570 for a Ringwood hospitality industry worker underpaid weekend penalty rates,
  • $7050 for a Bayswater labourer underpaid accrued annual leave on termination,
  • $6840 for a Hawthorn book-keeper underpaid annual leave entitlements and pay in lieu of notice,
  • $6380 for a Lilydale health services industry worker underpaid annual leave entitlements on termination,
  • $6370 for a city sales manager underpaid annual leave entitlements,
  • $5760 for an apprentice hairdresser in the city underpaid the minimum hourly rate of pay, and
  • $5500 for a Docklands café worker underpaid the minimum hourly rate and weekend and night penalty rates.

 

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.

“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 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.

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.

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, Media & Stakeholder Relations Senior Adviser
(03) 9954 2561, 0434 365 924
ryan.pedler@fwo.gov.au