Fair Work Ombudsman Audit
The Fair Work Ombudsman (FWO) regularly investigates claims by employees that they are not being paid correctly or receiving their correct entitlements.
A recent check on a transport company based out of Western Australia revealed that they had not been paying their drivers their full entitlements and were reducing employee wages in order to get an edge over their competitors.
The employer cooperated with the FWO and back paid the worker approximately $20,000 for amounts that he should have received. The employer concerned was issued with a warning that enforcement action would be taken if subsequent breaches of workplace laws occurred.
The Fair Work Ombudsman, Ms Natalie James, used the opportunity to remind employers that they cannot under pay employee wages or entitlements to gain an unfair advantage over their competitors.
Ms James also highlighted the importance of companies, who outsource aspects such as the provision of transport, checking that those whom they outsource the work to are complying with workplace laws. Low cost tenders potentially give rise to questions to ensure that employees are not being underpaid. Failure to engage in due diligence in this regard may result in findings of liability under the Fair Work Act based on involvement in the contravention or breach.
Sarah Waterhouse
Solicitor
BlandsLaw
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