Sydney company faces court for allegedly underpaying six workers almost $30,000
December 2nd, 2009
The Fair Work Ombudsman has launched a prosecution against a Sydney company and a director for allegedly underpaying six workers almost $30,000.
Facing court will be Asteria Joinery Pty Ltd, which is based in Botany, and a director of the company, Ryan Marsh, also of Botany.
Documents lodged in the Chief Industrial Magistrate’s Court in Sydney allege Mr Marsh was involved in Asteria Joinery underpaying six workers it employed for various periods between March, 2006 and February, 2009.
Asteria Joinery allegedly underpaid the workers’ minimum hourly rates, sick and annual leave entitlements, overtime rates and an allowance. The biggest alleged underpayment of an individual worker is $5760.
Mr Marsh was allegedly also involved in Asteria Joinery failing to issue payslips to employees as required under workplace laws.
A Fair Work inspector discovered the alleged underpayments when investigating complaints made by workers earlier this year.
It is alleged that Asteria Joinery back-paid three of the workers $300 each in July but repayments totalling $27,234 remain outstanding.
Fair Work Ombudsman NSW Director Mark Davidson says the decision to prosecute Asteria Joinery and Mr Marsh was made because of the significant amounts involved and the employer’s failure to fully rectify the matter.
The Fair Work Ombudsman alleges Asteria Joinery and Mr Marsh committed several contraventions of workplace relations laws.
The maximum potential penalty per breach is $33,000 for the company and $6600 for Mr Marsh for the underpayment matters – and $5500 for the company and $1100 for Mr Marsh for allegedly failing to issue payslips.
The Fair Work Ombudsman is seeking a Court Order for Asteria Joinery to back-pay the workers the money it alleges is still owed. The case is listed for a directions hearing on January 6.
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 on 13 13 94 or visit www.fairwork.gov.au. For translations call 13 14 50.