Perth baker fined $19,500 for underpaying driver

25 March 2010

A Perth baker has been fined $19,500 for underpaying a delivery driver.

The penalty was handed down in the Federal Magistrates Court yesterday against Efes Bakery Pty Ltd at Welshpool following a prosecution by the Fair Work Ombudsman.

Federal Magistrate Denys Simpson imposed the fine after the company admitted underpaying the driver $16,204 between 2006 and 2008.

FM Simpson said the amount was significant considering the driver had relatively low wage entitlements.

The driver was employed on a casual basis to deliver bread products to customers around Perth.

Efes Bakery paid the employee $60 to $65 per shift, regardless of the number of hours he worked, which resulted in underpayment of the casual loading, overtime rates and early-start premiums he was entitled to.

The Fair Work Ombudsman discovered the underpayments after investigating a complaint from the employee.

The company has now rectified all underpayments.

Efes Bakery also contravened workplace laws by failing to maintain proper employment records for the driver.

In total, the company committed seven contraventions of workplace laws.

Fair Work Ombudsman WA Director Leigh Quealy says the court penalty illustrates that failing to pay employees their full entitlements is a serious matter.

Employers or employees seeking assistance should contact the Fair Work Infoline on 13 13 94 or visit www.fwo.gov.au. For translations call 13 14 50.

The Fair Work Ombudsman promotes harmonious, productive and co-operative workplaces. It also monitors compliance with and investigates breaches of national workplace laws.

Media inquiries:

Craig Bildstien, Director Media & Stakeholder Relations,
0419 818 484
craig.bildstien@fwo.gov.au

Ryan Pedler, Media & Stakeholder Relations Senior Adviser
(03) 9954 2561, 0434 365 924
ryan.pedler@fwo.gov.au

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