9 April 2010
Perth company fined $7260 for refusing to provide records
A Perth company and one of its directors have been fined a total of $7260 for refusing to provide the employment records of a former employee who claimed he had been underpaid.
Earthmoving and road construction company Industrial Roadpavers (WA) Pty Ltd, based in Bibra Lake, has been fined $6050 and company director-controller Marc William Skewes, of Mosman Park, a further $1210.
The penalties were handed down in the Federal Magistrates Court in Perth following a prosecution by the Fair Work Ombudsman.
Federal Magistrate Toni Lucev imposed the penalties after Skewes admitted he was involved in Industrial Roadpavers failing to comply with a workplace inspector’s requests to provide employment records.
Under workplace laws, employers must keep employment records for employees and former employees and provide them to Fair Work inspectors upon request.
The documents the Fair Work inspector requested related to a former Industrial Roadpavers employee who complained to the Fair Work Ombudsman in late 2008 that the company had not paid him for some hours worked, pay in lieu of notice or some annual leave entitlements.
Federal Magistrate Lucev said Skewes and Industrial Roadpavers “deliberately refused to provide records to the inspector over an extended period of time” before finally providing the records in February this year.
“It is clear that Mr Skewes acted evasively in dealing with the inspector and showed a deliberate disregard for his obligations,” Federal Magistrate Lucev said.
Fair Work Ombudsman WA Director Leigh Quealy says the court penalty reinforces the message that failing to provide employment records is a serious matter.
“Inspectors will now investigate the underpayment complaint against Industrial Roadpavers,” Mr Quealy said.
Employers or employees seeking assistance should contact the Fair Work Infoline on 13 13 94 or visit www.fairwork.gov.au For translations call 13 14 50.
Craig Bildstien, Director Media & Stakeholder Relations,
0419 818 484
Ryan Pedler, Media & Stakeholder Relations Senior Adviser
(03) 9954 2561, 0434 365 924