Fair Work: One in five businesses busted for wage theft   :o



May 24, 2019
MacroBusiness


More than one in five businesses audited by the Fair Work Ombudsman (FWO) across three states have been found to have underpaid workers, with employers forced to backpay over $580,000 to nearly 1000 employees. From The Australian. 

    Fair Work inspectors found widespread noncompliance with workplace laws after auditing 1385 businesses in regional Queensland, New South Wales and Victoria.

    Accommodation, hospitality and retail sectors were a focus of the investigation.

    Inspectors found 22 per cent of audited business failed to pay their employees correctly, 15 per cent were in breach of non-monetary obligations by not providing proper pay slips or keeping proper employment records, and six per cent failed to pay their employees correctly and meet their non-monetary obligations.   :(

    The most common breach of workplace laws was the underpayment of the minimum hourly rate, with inspectors also uncovering underpayment of overtime and penalty rates. The ombudsman recovered an average of about $600 per underpaid employee…

In 2017, the FWO revealed that migrant workers were involved in more than three-quarters of legal cases initiated by the FWO against unscrupulous employers. Whereas last year it was revealed that nearly three-quarters of businesses in the hospitality industry audited by the FWO across Melbourne, Sydney and Brisbane had breached workplace laws.

Thus, the wage theft issue is embedded most deeply in the migrant community. This is part cultural but also structural. Given many migrant workers are vulnerable while they are looking to rack up their years to apply for permanent residency, they are not going to report being underpaid. This is most poignant in those business models in which labour has become a profit centre because workers are effectively paying bosses to sponsor their visas.

Policy makers know the problems, but refuse to take concrete action. Wage theft and low wages growth are a feature not bug of the immigration-led economy.   :(

Over 20% of employers rip off their employees ?

You may not that is is all accidental none of them do it on purpose but note none are caught overpaying their employees.

On the odd occasion that an employer does over pay you they come after you like you are a criminal because of their mistake.

Melbourne cafe underpaid staff almost $38,000   :(

May 22, 2019
Sydney Morning Herald


The operator of Super Max Coffee Pty Ltd, trading as Mitte Café in Fitzroy North, has committed to complying with workplace laws after the Fair Work Ombudsman found it had underpaid 32 staff a total of $37,520.

Fair Work Inspectors found the company failed to pay workers minimum casual loadings,
overtime rates and penalty rates for weekends and public holidays under the Restaurant Industry
Award.   :(


A Melbourne cafe operator has entered into an enforceable undertaking to comply with fair work laws after the Fair Work Ombudsman found it had allegedly underpaid its workers.

The casual employees worked in customer service, as cooks and kitchen attendants when they were allegedly underpayed between July 2017 and June last year. Twelve workers were aged under 26.

The Fair Work Ombudsman said a 21-year-old worker was underpaid $3582 after being paid hourly rates of $23 on weekends when entitled to $28.22, and $31.50 on public holidays despite being owed $47.03.   :(


Under an enforceable undertaking between the FWO and Super Max Coffee, the company has agreed to rectify underpayments and make a donation of $2000 to the Commonwealth Government’s Consolidated Revenue Fund.

The company is also required to complete two audits of the pay and conditions of all employees in 2019 and 2020, rectify any underpayments found, commission workplace relations training for managers and demonstrate how it is complying with the Fair Work Act.

Fair Work Ombudsman Sandra Parker said current and future employees of Mitte Café would have their rights protected through the enforceable undertaking, which included a requirement that the employer would provide a signed declaration every six months for two years that employees
were receiving their lawful wages and superannuation entitlements.

“Fair Work inspectors will continue to conduct targeted audits of businesses in the fast food,
restaurant and café sector to improve compliance," Ms Parker said.

The company has also been required to send an apology letter to all underpaid workers, display a
workplace notice outlining the breaches, and publish the notice on its Facebook page.   :)

Quote:

The operator of Super Max Coffee Pty Ltd, trading as Mitte Café in Fitzroy North, has committed to complying with workplace laws after the Fair Work Ombudsman found it had underpaid 32 staff a total of $37,520. Under an enforceable undertaking between the FWO and Super Max Coffee, the company has agreed to rectify underpayments and make a donation of $2000 to the Commonwealth Government’s Consolidated Revenue Fund.

1. Since when is a fine or penalty being called a "donation"?

2. Underpay $37,520 and get fined $2000. This penalty is not a deterrent. If you want to make sure employers obey the law, the penalty should be three times the amount of the underpayment at least, or 10 times the amount for wilful breaches or a third offence. Indeed, an argument can be made for having these penalties 10 times higher than that - 30 times and 100 times - because that's comparable to the level of penalties for illegal strike action.

Dnarever wrote on May 25^th, 2019 at 8:09am:

Over 20% of employers rip off their employees ? You may not that is is all accidental none of them do it on purpose but note none are caught overpaying their employees. On the odd occasion that an employer does over pay you they come after you like you are a criminal because of their mistake.

Only 20% have been caught.

The real figure would be closer to 50%.

And, when they do accidentally overpay a worker, many employers break the law by taking it back directly out of the employee's wages.

Unauthorised deductions from your pay are illegal.

The employer has the right to get their money back, but they cannot just simply take it from the employee's wages without consultation.

Moreover, the employee is entitled to pay it back in installments.

e.g, $10 per week.

Bam wrote on May 25^th, 2019 at 10:52am:

Quote: The operator of Super Max Coffee Pty Ltd, trading as Mitte Café in Fitzroy North, has committed to complying with workplace laws after the Fair Work Ombudsman found it had underpaid 32 staff a total of $37,520. Under an enforceable undertaking between the FWO and Super Max Coffee, the company has agreed to rectify underpayments and make a donation of $2000 to the Commonwealth Government’s Consolidated Revenue Fund. 1. Since when is a fine or penalty being called a "donation"? 2. Underpay $37,520 and get fined $2000. This penalty is not a deterrent. If you want to make sure employers obey the law, the penalty should be three times the amount of the underpayment at least, or 10 times the amount for wilful breaches or a third offence. Indeed, an argument can be made for having these penalties 10 times higher than that - 30 times and 100 times - because that's comparable to the level of penalties for illegal strike action.

Yes there is no deterant that is why over 20% take the punt and deliberately do it.

Going back 5 years only means that they probably got away with it the previous 15 years, it is a great deal with a huge success rate. Almost guaranteed to get away with it for decades and even if caught you get to keep most of the stolen money and cop a fine the equivalent of being hit on the wrist with a soggy asparagus stalk.

greggerypeccary wrote on May 25^th, 2019 at 11:20am:

Unauthorised deductions from your pay are illegal. .

....so income tax is illegal

Quote:

In 2017, the FWO revealed that migrant workers were involved in more than three-quarters of legal cases initiated by the FWO against unscrupulous employers

.



work it out


Couple of decades ago a current affairs programme revealed that leading clothing retailers were paying back-yard manufacturers only $4.50 per garment, which were then priced in retail stores at $29.99 to $49.99


the migrant workers were bitching to the reporter


the reporter then filmed the migrant operation which was being run out of a garage and interior of a rented unit


children as young as nine were sewing button holes in the garments -- being kept out of school in order to work in the family business


the grandparents were busy too, attaching labels, etc.

the parents were cutting, sewing


The family had been happpy to get the contract to make the garments to begin with

but grew increasingly confident, spurred by 'concerned Aussies'


The family had WAY undercut costings tendered by legitimate, Australian manufacturers, in order to get the contract.  Aussie manufacturers went broke, went out of business

Everyone involved in the contracts understood how the garments would be produced. Everyone from the middle-men to the retailers to the migrant workers

with Aussie producers out of the picture, the migrants started throwing their weight around, demanding 'more'


and that's how it goes

Swagman wrote on May 26^th, 2019 at 8:16am:

greggerypeccary wrote on May 25th, 2019 at 11:20am: Unauthorised deductions from your pay are illegal. . ....so income tax is illegal

No.

See the highlighted word above.

Income tax deductions are authorised by the employee.

When you start a new job, you give the employer your tax file number and sign an authorisation for them to deduct tax on your behalf.

....authorised theft is still theft

greggerypeccary wrote on May 25^th, 2019 at 11:20am:

Unauthorised deductions from your pay are illegal.

Yes.

One year many years ago, all of our payslips one week had a little note at the bottom saying "We've deducted $5 from your pay this week to pay for a present for the manager's birthday".

Never happened again after that one time - after it was politely pointed out to management that it was illegal.

Of course, most of us never had a problem giving a few dollars for a present if someone was going around asking with a collection tin or whatever.

Swagman wrote on May 26^th, 2019 at 12:23pm:

....authorised theft is still theft

Don't like living in Australia under Australian law? Leave.

Bam wrote on May 26^th, 2019 at 1:56pm:

Swagman wrote on May 26th, 2019 at 12:23pm: ....authorised theft is still theft Don't like living in Australia under Australian law? Leave.

.....nah Ive got 3 more years respite from Labor and 4 in NSW .......as good as it gets  ;D

whiteknight wrote on May 25^th, 2019 at 10:34am:

Melbourne cafe underpaid staff almost $38,000   :( May 22, 2019 Sydney Morning Herald The operator of Super Max Coffee Pty Ltd, trading as Mitte Café in Fitzroy North, has committed to complying with workplace laws after the Fair Work Ombudsman found it had underpaid 32 staff a total of $37,520.

Efniks ripping off other efniks. Super Max Coffee is Greek-owned.

tsk tsk. Even as bad as the union parasites forcing businesses to close down and leave Australia.

four in five employees busted on the internet at work, stealing their noble employers capital ;)

aquascoot wrote on May 26^th, 2019 at 6:04pm:

four in five employees busted on the internet at work, stealing their noble employers capital ;)

Link?

Imagine if someone didn't pay enough tax?

Imagine if 20% of taxpayers didn't pay enough tax?

I bet the fines woukd not be a paltry $2000.00 and I can just about guarantee that the grubberment would be considerably more disgruntled.

But then, it's ok to steal from workers.

But NEVER FROM THE KLEPTOCRATIC GRUBBERMENT.

Bam wrote on May 26^th, 2019 at 10:09pm:

aquascoot wrote on May 26th, 2019 at 6:04pm: four in five employees busted on the internet at work, stealing their noble employers capital ;) Link?

shameful behaviour Bam,  ::) ::)


Yet a study of nearly 2,000 full-time office workers revealed that most people aren't working for most of the time they're at work.


The most popular unproductive activities listed were:

Reading news websites--1 hour, 5 minutes
Checking social media--44 minutes
Discussing non-work-related things with co-workers--40 minutes
Searching for new jobs--26 minutes
Taking smoke breaks--23 minutes
Making calls to partners or friends--18 minutes
Making hot drinks--17 minutes
Texting or instant messaging--14 minutes
Eating snacks--8 minutes
Making food in office--7 minutes

aquascoot wrote on May 27^th, 2019 at 5:15am:

Bam wrote on May 26th, 2019 at 10:09pm: aquascoot wrote on May 26th, 2019 at 6:04pm: four in five employees busted on the internet at work, stealing their noble employers capital ;) Link? shameful behaviour Bam,  ::) ::) Yet a study of nearly 2,000 full-time office workers revealed that most people aren't working for most of the time they're at work. The most popular unproductive activities listed were: Reading news websites--1 hour, 5 minutes Checking social media--44 minutes Discussing non-work-related things with co-workers--40 minutes Searching for new jobs--26 minutes Taking smoke breaks--23 minutes Making calls to partners or friends--18 minutes Making hot drinks--17 minutes Texting or instant messaging--14 minutes Eating snacks--8 minutes Making food in office--7 minutes

Link?

(You do know what a link is?)

A nothing thread going nowhere.

Sounds like union propaganda.

What about Labor's plan to steal from everyman and his dog ?

What the gooks don't understand is that people are happy to get underpaid just to be able to earn ANYTHING at all.

If they had to be paid full cost they would not be hired at all.

Getting a job is a competition and the lowest bidder gets the job. This is common in Asia.

Bam wrote on May 27^th, 2019 at 9:48am:

aquascoot wrote on May 27th, 2019 at 5:15am: Bam wrote on May 26th, 2019 at 10:09pm: aquascoot wrote on May 26th, 2019 at 6:04pm: four in five employees busted on the internet at work, stealing their noble employers capital ;) Link? shameful behaviour Bam,  ::) ::) Yet a study of nearly 2,000 full-time office workers revealed that most people aren't working for most of the time they're at work. The most popular unproductive activities listed were: Reading news websites--1 hour, 5 minutes Checking social media--44 minutes Discussing non-work-related things with co-workers--40 minutes Searching for new jobs--26 minutes Taking smoke breaks--23 minutes Making calls to partners or friends--18 minutes Making hot drinks--17 minutes Texting or instant messaging--14 minutes Eating snacks--8 minutes Making food in office--7 minutes Link? (You do know what a link is?)

here you go bammy,
i was working
i suppose if i was an employee i could have got the link for you much earlier during some of my paid "leisure time"

https://www.inc.com/melanie-curtin/in-an-8-hour-day-the-average-worker-is-productive-for-this-many-hours.html

Oh Aqua you have just sunk Bammy's whole charade.