Melbourne Restaurant Owners Hit With Almost $200,000 In Penalties For Underpaying Staff

The operators of a Melbourne restaurant have been hit with nearly $200,000 in penalties, after a Judge ruled they deliberately underpaid workers.

The penalties, imposed in the Federal Circuit Court, are the result of an investigation and legal action by the Fair Work Ombudsman. 

Thirteen employees at the restaurant in Westfield Knox shopping centre, including six young workers under 21, were underpaid a combined $26,707 over a period of just three-and-a-half months in 2015.

Workers were paid flat rates which failed to meet the minimum hourly rate for 11 of the workers. The flat rates were also not enough to meet weekend, overtime, night and public holiday penalty rates under the Restaurant Industry Award 2010.

Casual loading, shift allowances and annual leave entitlements were also underpaid.
The employees missed out on between 16.95 and 38.22 per cent of their minimum entitlements. They have now been back-paid in full.

The ex-operator and his company also contravened workplace laws by failing to keep proper employment records and failing to comply with a Notice to Produce pay records.

Fair Work Ombudsman Natalie James says the substantial penalties reflect the seriousness of the contraventions.

“We have no patience for business operators who fail to respect the law and ignore our advice,” Ms James said.

Ms James said addressing underpayment of young workers in the restaurant industry would continue to be a key focus for her agency.

“We have commenced more than 25 legal actions against restaurant industry operators over the past two years, which means the restaurant sector has accounted for about a quarter of our legal actions over this period,” she said.

“We will continue to scrutinise the restaurant sector closely and employers should be aware that we treat cases involving underpayment of young workers particularly seriously because we are conscious that they can be vulnerable due to a lack of awareness of their entitlements and a reluctance to complain.”

Are You A Business Owner In Need Of Expert Help?
ISOsafe offer Fair Work support to businesses Australia-wide. One of our Specialists will visit your workplace to review your processes and documents. Based on this, we will provide you with advice, compliance documents, training and a detailed report containing areas for improvement. Call ISOsafe today on 1300 789 132.

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Truck Driver Dies In Victoria’s North East

A man in his 50s has died after the tip truck he was driving made contact with overhead powerlines on a dairy farm at Kergunyah, south of Albury Wodonga, on Tuesday evening.

It is believed the man died when the front of the tip truck trailer made contact with the powerlines.
The trailer was unloading when the incident occurred.

WorkSafe is investigating the incident.

Do you own or operate a Heavy Vehicle Business? Contact ISOsafe today for Heavy Vehicle Compliance Documents to protect your business and avoid costly incidents and avoidable injuries. 

Crane Fails And Sends 32-tonne Concrete Structure Crashing

WorkSafe is making inquiries into a serious incident in which a precast concrete structure weighing 32 tonnes fell while being lifted by two cranes at a factory in Dandenong on Tuesday. 

The structure fell to the ground when a gantry crane being used in the lift failed. There were no injuries.  

The serious nature of the incident has prompted WorkSafe Executive Director of Health and Safety, Marnie Williams, to issue a warning to employers about the importance of crane safety.

“We are thankful there were no injuries, but it is a stark reminder to every employer that uses a crane to manage all the risks and ensure safety is a priority,” Ms Williams said. “Because inquiries into this incident are ongoing, we cannot release further details at this stage.”

Ms Williams said that with so much construction work going on across Melbourne, many worksites were lifting heavy loads daily.

“Cranes are an essential part of many industries but work involving cranes is high risk and must be treated with the utmost care and caution,” Ms Williams said. “Failure to do otherwise could have tragic consequences.”

When using cranes, measures to manage the risks include:

Selecting the proper crane and lifting equipment for the task, size and weight of the load.

For construction work, ensuring a Safe Work Method Statement (SWMS) is created and adhered to.

Ensuring cranes are maintained in accordance with the manufacturer’s specifications and requirements.

Checking that crane operators have the skills, training and licences to operate safely.

Creating and adhering to safe systems of work and ensuring all workers are properly trained and competent before commencing the task.

Avoid costly WorkSafe penalties. For peace of mind, contact ISOsafe. Our specialists provide training, customised induction programmes for businesses Australia-wide. 

Ballarat Construction Company Fined $25,000 For Unsafe Scaffolding

A Ballarat construction company has been convicted and fined $25,000 for ignoring WorkSafe directions to fix unsafe scaffolding at a Mount Clear worksite.

The company was found guilty in the Ballarat Magistrates’ Court of two offences relating to a failure to provide a safe workplace and a failure to comply with a WorkSafe prohibition notice.

It was also ordered to pay $2897 in costs.

The court heard that WorkSafe issued the company with a prohibition notice in May 2016 after an inspector observed incomplete scaffolding, with missing planks and gaps in the handrails, at a site in the Ballarat suburb of Mount Clear. 

The notice required that the scaffolding not be used until the safety issues were addressed.

When a WorkSafe inspector returned to check that the notice has been complied with, he observed a person working from the same incomplete scaffolding.

The court heard that two subcontractors said they were directed by a company representative to work on the roof of the construction, and were not aware there was a prohibition notice in respect to the scaffolding.

WorkSafe Head of Operations and Emergency Management Adam Watson said the idea that a construction company would ignore a directive to fix a safety issue as critical as scaffolding was abhorrent.

“Falls are one of the most common causes of death and serious injury among construction workers. You don’t have to fall from a great height to be killed or suffer permanent injuries at a worksite,” Mr Watson said.

“Given the risks it’s quite disturbing to think that anyone would ignore a specific WorkSafe directive to make scaffolding safer.”

Employers should control the risk of injury through falls from height by ensuring:

• The installation of passive fall prevention measures such as railings and scaffolding.

• Workers perform their tasks within a safe area.

• Safety equipment is used to minimise the risk of injury if there is a fall.

• That workplace layout, access requirements, training and experience levels and on-site conditions are taken into account when the risk of falls is assessed.

For peace of mind, contact ISOsafe. Our specialists provide training, support and Safety Policies tailored for businesses Australia-wide.