The Fair Work Ombudsman has launched a prosecution against a security company, Secom Australia (ACT) Pty Limited that provides security services to a range of clients, alleging it underpaid 19 employees more than $21,000.
Facing court is Sydney-man Ross Kenneth Barnes, stated the 6 July release, who is the general manager and a director of the company. ‘The Fair Work Ombudsman alleges Barnes was involved in Secom Australia (ACT) underpaying 19 security guards a total of $21,548 between February and June, 2011.
It is alleged the employees were paid flat hourly rates ranging from $18 to $23 for all work performed – except for work on public holidays, when they were paid a flat hourly rate of $25. This led to underpayment of penalty rates for weekend, overtime, public holiday and night work.
‘The majority of the alleged underpayments relate to overtime work, for which the employees were allegedly entitled to receive between $24 and $42 per hour. 18 of the employees worked at various locations in the ACT and one worked at Cooma, NSW. The alleged individual underpayments range from $82 to $4153.’
‘Fair Work Ombudsman Nicholas Wilson says a decision to prosecute was made because of the significant amount involved and the employer’s failure to rectify the matter.’ ‘Barnes was allegedly involved in Secom Australia (ACT) committing eight breaches of workplace laws. Barnes faces maximum penalties of $6600 per breach and the company faces maximum penalties of $33,000 per breach.’
‘The Fair Work Ombudsman is also seeking a Court Order for Secom Australia (ACT) to rectify the alleged underpayments. The case will be heard in the Federal Magistrates Court in Canberra.