The interactions between the Fair
Work Act 2009 (Cth) (Fair Work Act), the
relevant Awards, enterprise agreements and individual employment
contracts are complex. The difficulty employers face in compliance
is demonstrated by the constant stream of compliance
'scandals' that have bombarded the media in relation to
significant underpayment of employees.
The type of issues that are found to be at the root of these
compliance 'scandals' are often common across employers.
They include the misclassification of employees under the relevant
Modern Award, not effectively setting off over award payments and
poor record keeping. Even a relatively small payroll error, when
accumulated over several years across many employees, can result in
a large problem for employers.
