Court fines couple over underpayment of security officers

2 September 2011

The operators of a NSW security company have been fined for their involvement in failing to back-pay 22 underpaid workers.

Damien Peter Love, sole director and part-owner of Wollongbar-based company Drymist Holdings Pty Ltd, has been penalised $6000.

His wife Tammy Leigh, a part-owner of the company, has also been fined $1000.

The penalties, imposed in the Federal Magistrates Court in Sydney, are the result of a prosecution by the Fair Work Ombudsman.

The decision comes after Mr and Mrs Love admitted breaching workplace laws through their involvement in Drymist Holdings failing to back-pay 22 security officers who were underpaid a total of $74,389 in 2007-2008.

The underpayments were the result of the security officers being paid according to rates stipulated in workplace agreements that the Workplace Authority later determined had failed the fairness test.

The Workplace Authority ordered Drymist Holdings to compensate the security officers for the entitlements they were underpaid, but the company failed to do so.

Drymist Holdings was placed into liquidation in 2009, which prevented the Fair Work Ombudsman from prosecuting the company.

The underpayments of the 22 security officers have not been rectified.

The biggest underpayment of an individual security officer was $10,355.

Employers or employees seeking assistance should contact the Fair Work Infoline on 13 13 94 or visit www.fairwork.gov.au.

A free interpreter service is available on 13 14 50.

Follow the Fair Work Ombudsman on Twitter @fairwork_gov_au external-icon.png.

Media inquiries:

Ryan Pedler, Senior Adviser, Media & Stakeholder Relations
(03) 9954 2561, 0411 430 902
ryan.pedler@fwo.gov.au

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