Petrol station operator cautioned

petrol stationThe Fair Work Ombudsman has cautioned the operator of two petrol stations in Wagga, in regional NSW, for short changing 39 employees by more than $60,000.  Many of the workers were from overseas and more than a third were under 21 years old.

The underpayments occurred over 12 months between January, 2013 and January, 2014, with individual amounts ranging from $14 to $6000.

Fair Work inspectors found that console operators had been misclassified as part time employees, resulting in the non-payment of their casual loadings. Superannuation entitlements were also underpaid.

In addition if motorists drove off without paying for fuel or if cash registers did not balance at the end of a shift, money was unlawfully deducted from employee wages.

Following discussions with the Fair Work Ombudsman, the employer has reimbursed the wages and entitlements, avoiding further enforcement action but has been issued with a formal Letter of Caution warning that future breaches may be prosecuted.

“We will consider taking enforcement action if this business operator fails to comply with workplace laws in the future,” says Fair Work Ombudsman, Natalie James.

“We are conscious that many young workers and overseas workers can be vulnerable if they are not fully aware of their workplace rights or reluctant to complain, so it’s important we are active in ensuring that their workplace rights are respected and upheld,” she said.

Employers or employees seeking assistance can visit the website www.fairwork.gov.au or contact the Infoline on 13 13 94.

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