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ARTICLE · 17 MARCH 2012

Cash-flow problems no excuse for underpayment of workers, magistrate rules

Financial difficulties and/or a lack of knowledge of industrial law do not justify a failure to provide adequate pay.

AustraliaEmployment and HR

In these difficult economic times it is common for small businesses to experience liquidity and cash-flow problems. Under these situations it is natural for a small business to concentrate on paying those people that keep the business afloat. However, it is important that a business does not disregard its obligations as an employer.

It must be emphasised that Fair Work Australia considers that financial difficulties and/or a lack of knowledge regarding the relevant industrial laws and rates of pay do not justify a failure to provide adequate pay for your employees.

The case of FWO v Promoting U Pty Ltd & Anor [2012] FMCA 58 is a good example of the consequences which can result from underpaying employees. Promoting U and its director, Sebastian Boi ('the respondents') were found to have committed 16 breaches of workplace relations laws including underpayments and record keeping breaches.

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