Our business has successfully delivered the message of practical solutions to this growing industrial relations issue. Recent seminars held on the Sunshine Coast have been a great success, and we plan to expand the network through accountants in Brisbane and on the Gold Coast, for the benefit of your clients.

Seminar outline

• Able to be held at our Kangaroo Point office or at your premises
• Minimum of 10 guests required to be confirmed for seminar
• Professional speaker – handouts and slide show
• Suggest morning tea meeting, approx 1.5 hours
• Plenty of time for questions
• We charge you no fees for this service. Morning tea/drinks for guests to be provided by you.

If you would like further information, or would like to book a seminar for your accountancy firm and your clients, please contact Anita Moss on (07) 3891 7788, or 0401 690 150.

Fair Work inspectors raised the issue with the man’s employer, who voluntarily reimbursed the worker $15,160.

In a separate case, two caravan park workers in Darwin have also been back-paid a total $20,000 after their employer was not paying weekend or penalty rates.

The employer was paying the two workers a flat rate for all hours worked.

After Fair Work inspectors contacted the business, the workers were promptly back-paid $14,400 and $5600 respectively.

Fair Work Ombudsman Executive Director Michael Campbell says that because the employers fully co-operated with inspectors and voluntarily rectified the underpayments, no further action will be taken.

“We have a flexible, fair approach and our preference is always to work with employers to educate them and help them voluntarily rectify any non-compliance issues we identify,” he said.

“However, employers need to be aware that they can face fines of up $33,000 per breach if we do take matters to court.”

The Fair Work Ombudsman can help workers and employers to understand their rights and obligations under new National Employment Standards and Modern Awards, which took effect on January 1, 2010.

The Agency has a range of user-friendly resources to assist employers and workers comply with workplace laws and operate their business according to best practice.

Employers or employees seeking assistance should contact the Fair Work Infoline on 13 13 94 or visit www.fairwork.gov.au where payslip and record-keeping templates and other tools are available. For translations call 13 14 50.

The Fair Work Ombudsman promotes harmonious, productive and co-operative workplaces. It also monitors compliance with and investigates breaches of national workplace laws.

Roach Golf Enterprises Pty Ltd, which formerly operated the shop, has been fined $16,000 and the company’s sole director, Bryan James Roach, of Forster, a further $34,000.

The penalties were imposed in the NSW Chief Industrial Magistrate’s Court in Sydney this week following a prosecution by the Fair Work Ombudsman.

The Court had previously instructed the company to back-pay the worker $30,185 plus interest.

Magistrate Patricia O’Shane heard that a casual retail assistant at the Deniliquin shop was underpaid between 2006 and 2008.

The worker, in his 40s, was paid a flat rate of $13 for all hours worked, including some public holidays on which he was entitled to receive up to $45 per hour.

This resulted in underpayment of his minimum hourly rate, weekend and public holiday penalty rates, overtime and annual leave entitlements.
Inspectors from the Fair Work Ombudsman’s Wagga office discovered the underpayments.

Fair Work Ombudsman NSW Director Mark Davidson says underpaying workers’ minimum entitlements is a serious matter.

“Workers have the right to receive the minimum rates that apply to their positions and we will not hesitate to pursue employers who fail to comply with laws protecting that right,” Mr Davidson said.

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.

Haycroft Workplace Solutions are presenting breakfast seminars to assist business owners to understand the compliance requirements, answer your questions and provide solutions.

For more information and to register,  Click here to download “Practical Solutions SEMINAR to Modern Awards & IR Laws” (PDF file, 323kb).

JHAS will today announce it has signed a five-year alliance deal with Virgin to maintain its Boeing 737s.

The deal is the first of its type and will give the Melbourne-based engineering group about half of the Virgin work.

“We’ll particularly focus on all the short-duration work, such as undercarriage changes, engine cowl work and the shorter heavy maintenance checks because they don’t have the cost of ferrying to New Zealand,” JHAS general manager Andrew Henderson said.

“So they can rapidly shoot aircraft through, and you’ll see Virgin aircraft in our hangar most nights.”

“There are a large number of vists planned over the next 12 months, so it’s very good for us.”

John Holland took over the former Ansett engineering facility about 14 months ago and has since doubled the number of aviation maintenance engineers in its workforce and launched new training schemes.

The facility recently won the heavy maintenance work for Tiger Airways’ Airbus A320s and is chasing a similar deal for the airline’s Adelaide-based A319s.

It also does Jetstar’s overnight maintenance as well as a combination of the 737 classic and NG work for Qantas.

It also has contracts with the Australian Defence Force, having recently won a $9 million deal to provide oxygen cylinders and instruments for the RAAF.

It has just successfully completed its first Civil Aviation Safety Authority audit and is seeking New Zealand certification so it can seek work across the Tasman.

Mr Henderson estimated that staffing would reach 500 by the end of next year.

He expected a third heavy maintenance line to be running within 12 months.

At the same time, the facility was pushing its component work, ground support and line maintenance businesses.

“We started with 130 employees. We’ve now got a bit over 300 and I’m recruiting another 70,” Mr Henderson said.

“But primarily it’s AMEs (aircraft maintenance engineers), unlicensed guys, that we’re chasing. We’ve already got a very large pool of licensed people…to make sure we had coverage of all the current aircraft types.”

“We’ve already filled those holes pretty mcuh. Our international line maintenance business is going gangbusters, so we’re looking for A340 and 777 licensed guys, but for our heavy maintenance we’re looking to expand our numbers.”

The JHAS boss said the company’s international line maintenance business had doubled in the last three months as it won contracts from companies such as Air Cailin, Air Vanuatu, Air NZ and Vietnam Airlines.

“We’ve probably got 10 or more bids in for others,” he said. “So the international line maintenance side is going very, very well as people start to realise we’re not just a bunch of guys working out of trucks.”

“If they need a cherry picker or they need an air start unit or whatever, we have all that sort of gear.”

Commenting on the furore over maintenance work going offshore, Mr Henderson said John Holland was well prepared to compete against overseas maintenance providers and had not been hurt.

“All of the Australian carriers are extremely focused on aviation safety and none of them will entertain anthhign that might in any way effect that,” he said.

“I’m sure that’s foremost on their minds when they make a decision whether to outsource.”

“There’s no doubt that putting it in an Australian operation like ourselves is low-risk alternative.”

He singled out the facility’s flexible collective agreement — which allows it to schedule staff when work is available and send them home when it’s quite — as one of its major drawcards.

“In the first week of September, we’ll be busier than we’ve ever known — we’ll have two Virgin aircraft, two Qantas aircraft in the hangar and everyone will be working very long hours,” he said.

“But earlier this month, it was a bit quieter and people went fishing, or saw their kids’ swimming carnival or something like that.”

Steve Creedy, Aviation writer – August 22, 2008

The Bavarian Hospitlality Group has been fined $3750 in the Chief Industrial Magistrate’s Court of NSW.

Chief Industrial Magistrate Gregory Hart imposed the fine yesterday following a prosecution by the Fair Work Ombudsman.

The company admitted inadvertently underpaying approximately 1018 casual employees a total of $334,000 between October, 2007 and November, 2008.

The employees worked at Lowenbrau Kellar (CBD), Bavarian Bier Cafe (Manly, York Street, O’Connell Street, Entertainment Quarter and Parramatta), Uber Bar (CBD) and The Argyle (CBD).

Fair Work inspectors discovered the underpayments last year during a national campaign which ultimately recouped $1.1 million for 3863 employees.

Bavarian signed its employees tow orkplace agreements in 2007 which paid slightly above the minimum hourly rate at that time – but which did not provide for future increases.

The oversight resulted in the workers being paid less than the minimum hourly rate after minimum pay rates rose on October 1, 2007. The largest underpayment of  a single worker was $3642.

Bavarian has rectified all underpayments, except for $33,000 still owing to former employees it cannot locate. The company is in the process of completing documentation to submit this money to the Collector of Public Monies.

Fair Work Ombdusman NSW Director Mark Davdison says that the underpaymetn of workers in any circumstance is a serious matter.

“While I accpet that Bavarian relied upon incorrect legal advice with respect to its workplace agreements, it serves to remind employers that the ultimate responsibility for compliance with workplace law is theirs alone,” he said.

“Doubtless the company has saved itself from a much bigger penalty by fully co-operating with us and volunatrily rectifying the underpayments.”

Employers or employees seeking information or assistance should contact the Fair Work Infoline on 13 13 94 or visit www.faiwork.gov.au For translations call 13 14 50.

The Fair Work Ombudsman promotes harmonious, productive and co-operative workplaces It also monitors compliance and investigates breaches of national workplace laws.

www.fwo.gov.au Wednesday 9th December 2009

Canberra-based inspectors checked the books of 69 businesses in the hospitality, accommodation and service industries at Jindabyne, Perisher and Thredbo during this year’s ski season.

They were looking to ensure casual workers – including bartenders, waiters, house-keepers, reception staff, sales assistants, ski-lift operators, parking attendants, snow shovelers, ski instructors and nannies – were receiving their proper entitlements.

The targeted campaign followed a similar exercise in the Victorian snowfields last year which recovered $22,000 back-pay for 38 casual workers who had been short-changed.

Fair Work Ombudsman NSW director Mark Davidson says the latest campaign has identified around 15 casual and short-term employees who have been underpaid about $10,000.

Investigations into the underpayments are continuing.

“We have a flexible, fair approach and our preference is always to work with employers to educate them and help them voluntarily rectify any non-compliance issues we identify,” Mr Davidson said.

“Given that the snowfields attract many young, unskilled and inexperienced workers, it was felt that a targeted aeducation and compliance campaign was warranted.”

Mr Davidson says it is pleasing that 60 of the 69 employers audited were found to be compliant with their workplace obligations.

“Most employers had an understanding of the importance of paying at or above award entitlements to attract and maitain seasonal staff,” he said.

The educational and compliance campaign began with an information seminar for employers in June, providing employers with information and advice about employee entitlements and record keeping.

The Fair Work Ombudsman has a range of user-friendly resources that can help employers and workers comply with workplace laws and operate their workplace at best practice.

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.

www.fwo.gov.au

The regulator will focus on the industry for the next six weeks after noticing a rise in complaints from employees.

Fair Work Ombudsman NSW Director Mark Davidson says the aim of the campaign is to ensure employers are complying with workplace laws and employees are receiving their full entitlements.

“As a first step, we will write to employers to advise them of their obligations and then we will follow up with random audits of a number of businesses,” he said.

The campaign will focus on time-and-wages sheets, pay slips and other employment records.

Mr Davidson says the Fair Work Ombudsman has a culture of “going the extra mile” to help resolve workplace issues.

“The Fair Work Ombudsman can help workers and employers understand recent changes to Australia’s workplace relations laws, including minimum rates of pay,” he said.

Mr Davidson says that the Fair Work Ombudsman has a flexible, fair approach and prefers to work with employers to educate them and help them voluntarily rectify any non-compliance issues that are identified.

“However, employers must be aware that it is their responsibility to ensure they pay staff correctly.”

“In cases where we suspect deliberate underpayments or other serious breaches have occurred, we may launch a full audit which could lead to court proceedings.

“The maximum penalty for a breach of workplace law is $33,000.”

Payslip and record-keeping templates and other tools are available by visiting www.fairwork.gov.au. Employers or employees seeking assistance can also contact the Fair Work Infoline on 13 13 94.

The Fair Work Ombudsman promotes harmonious, productive and co-operative workplaces.

www.fwo.gov.au

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.

www.fwo.gov.au

Latest investigations by the federal Fair Work Ombudsman have recouped another $206,000 for 1100 employees of 59 clubs.

The regulator targeted clubs for a second round of random audits after inspectors last year found less than a third were complying with workplace laws.

The 2008 campaign recovered $141,000 from 52 clubs which had underpaid 890 of their staff.

Some of those underpaying last year were visited a second time, and inspectors discovered three – one in the Cairns region and two in the Rockhampton region – had again short-changed 13 of their staff more than $8500.

Eighty-two sports, RSL and community clubs in the Cairns, Townsville, Rockhampton, Bundaberg, Gladstone, Mackay and South-West regions have been scrutinised by Fair Work inspectors over the past eight months.

Fair Work Ombudsman Executive-Director Michael Campbell says the result of the latest audit is disturbing, with 59 of the 80 clubs audited (74 per cent) non-compliant – and he would not rule out legal action against repeat offenders.

Mr Campbell says the outcome is a wake-up call to employers to double-check they are meeting their legal obligations to their workforce.

“And we can help with that. We have 200 highly-skilled advisers ready to answer employer’s questions if they pick up the phone and call our national Infoline on 13 13 94,” he said.

“Alternatively, we have a range of user-friendly resources available on our website – www.fairwork.gov.au – including Best Practice Guides, fact sheets and templates.”

Mr Campbell says most clubs were paying incorrect wage rates and not paying correct overtime, weekend and public holiday penalty rates.

The highest underpayments were unearthed at a club in the Townsville region which had underpaid its staff $40,000.

The largest amount recovered for a single employee was $20,000 in central inland Queensland.

“We have a flexible, fair approach and our preference is always to work with employers to educate them and help them voluntarily rectify any non-compliance issues we identify,” Mr Campbell said.

“Fortunately in this latest campaign, the clubs have co-operated and all outstanding entitlements have been voluntarily reimbursed to employees.

“Indeed, after we wrote to clubs signalling our intention to conduct this campaign, 13 of them did their own self-assessments and had back-paid $54,000 to their staff without having to be asked.”

However, Mr Campbell issued a cautionary reminder that employers who failed to take their responsibilities seriously could face penalties up to $33,000 per breach if the matter went to court.

Recoveries for workers from the latest campaign are:

• Cairns region - $13,000 for 92 workers
• Rockhampton region - $62,000 for 393 workers
• Townsville region - $54,000 for 105 workers
• Bundaberg/Gladstone region – $9500 for 55 workers
• Mackay region - $54,000 for 496 workers, and
• South-West region - $12,000 for 57 workers.

Inspectors are continuing investigations at two clubs.

Mr Campbell says the Fair Work Ombudsman can help workers and employers alike to understand their respective rights and obligations under the new National Employment Standards and Modern Awards which come into effect on January 1 next year.

Those seeking assistance should contact the Fair Work Infoline on 13 13 94 between 8am and 6pm weekdays. For translations call 13 14 50.

The Fair Work Ombudsman promotes harmonious, productive and co-operative workplaces. It also monitors compliance and investigates breaches of national workplace laws.

www.fwo.gov.au