Gold Coast company fined $20,000 for underpaying truck driver
June 24th, 2009
A Gold Coast company has been fined $20,000 for underpaying a casual truck driver almost $10,000, following a prosecution by the Federal Workplace Ombudsman.
Geoff Burke Golf Adventures Pty Ltd received the fine in the Federal Magistrates Court in Brisbane last week.
Federal Magistrates John Coker imposed the penalty after the company admitted to six breaches of the Workplace Relations Act.
The Court heard it had underpaid a casual truck drvier’s casual hourly rate, overtime weekend penalty rates, public holiday rates, night shift allowances and tea money between March, 2006 and January, 2007.
The truck driver was paid a flat rate of $15.50 for all hours worked but was entitled to be paid up to $37.54 for some overtime hours.
Handing down this decision, Federal Magistrate Coker said Geoff Burke Golf Adventures had demonstrated little contrition.
He also noted the company had been less than fully co-operative with the Workplace Ombudsman.
Commenting that a penalty was required to deter other employers from similar behaviour, Federal Magistrate Coker instructed the company to pay the penalty in 10 monthly instalments of $2000.
Workplace Ombudsman Executive Director Michael Campbell says the fine should serve as a strong warning to businesses large and small that they must comply with their lawful obligations to staff.
“The community and the Courts have demonstrated that society will not tolerate the exploitation of workers,” he said.
www.wo.gov.au Monday 22nd June 2009