ARTICLE · 08 FEBRUARY 2020

The employee underpayment scandals continue

Coleman Greig Lawyers

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Employers must keep comprehensive and current employee time and wage records and stay up to date with Award changes.

AustraliaEmployment and HR

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In 2017, the Fair Work Act 2009 (Cth) was amended to impose stricter obligations on employers to keep employee time and wage records. The amendments have also equipped the Ombudsman with tougher powers to inspect employee records and have seen the quantum of fines that can be imposed on wrongdoing employers increase 10-fold. The driving force behind these amendments has been to maximise protection of Australia's most vulnerable workers – migrants, young persons and persons from non-English speaking backgrounds.

As you would have no doubt have seen on the news or read in the papers (or online), many businesses are being caught red handed ripping off their employees, especially in the restaurant, hospitality and retail industries. The "ripping off" may be an employers innocent omission or inability to interpret and grapple with the intricacies of an Award or enterprise agreement. Alternatively, it may be based on something more dubious – a means of obtaining a

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