Illawarra company fined over sham contracting
19 August 2013
An Illawarra company that hired four workers as independent contractorsinstead of employees has been hit with a $161,700 fine in the Federal CircuitCourt.
The employment arrangement led to underpayments of the workers totalling more$10,000.
Metro Northern Enterprises Pty Ltd, is an Albion Park-basedcompany which sells home-ware products.
Judge Shenagh Barnes imposed the fine after finding that the company breachedsham contracting laws in relation to four sales promotion workers.
Judge Barnes has also ordered the company to back-pay the workers infull.
The fine and back-payment order are the result of a legal action instigatedby the Fair Work Ombudsman.
The workers - three women and one man aged in their 20s and 30s - promotedhome-ware products in the Illawarra region from January to March, 2010.
Metro Northern Enterprises classified the workers as independent contractorsand paid them on a commission-only basis - but their correct classification wasas employees, for reasons including that they were required to attend work andperform duties as directed by the company.
The incorrect classification led to the workers being underpaid minimum wagerates, overtime, a vehicle allowance and annual leave pay totaling $10,327.
Individual workers were underpaid amounts ranging from $1599 to $3373. FairWork Inspectors investigated when the workers lodged complaints after theyresigned.
Fair Work Ombudsman, Natalie James, said the Court's decision sends a messagethat sham contracting will not be tolerated.
"There are serious consequences for business operators who recklessly orcarelessly misclassify employees as contractors, leading to employees beingdenied basic workplace rights and entitlements," Ms James said.
"Successful legal actions such as this also help other employers who arecomplying with workplace laws by ensuring a level playing field."
Employers and workers seeking advice regardingcontracting can visit the Fair Work Ombudsman's website at www.fairwork.gov.au/contractors.
They can also contact the Fair Work Infoline on 13 13 94. Aninterpreter service is available by calling 13 14 50.
Ryan Pedler, Assistant Director, Media &Stakeholder Relations,
(03) 9954 2561, 0411 430 902
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