Westside Petroleum and three of its management staff will pay a total of $57,000 in penalties. This comes after underpaying 22 employees a total of $62,393.
The underpayments occurred from July 2015 to May 2016 at 12 petrol stations. Adaminaby, Wagga Wagga, Finley, Gurley, Somerton, Temora, Tolland, Blayney, Glen Innes, Peak Hill and Cooma in NSW, as well as Lismore in Victoria, are involved.
“The Fair Work Ombudsman has been highlighting for many years that the use of low, flat rates that undercut lawful minimums is a clear breach of workplace laws,” Fair Work Ombudsman Sandra Parker said.
“Any employer paying their staff with flat rates less than the relevant minimum rate, faces enforcement action. Any employees with concerns about their pay should contact us.”
Westside Petroleum Retail 1 Pty Ltd will pay a penalty of $45,000. General Manager Patrick Riad, Accountant Francesco Ieraci and Area Manager Shahzaib Khawaja, each will pay a penalty of $4,000.
Judge Robert Cameron has found that the underpayments were deliberate. He also says they were not “not insignificant”, with some employees being underpaid approximately $1,000 per month.
“It is unacceptable that Westside Petroleum focused on the growth of its business and failed to have proper regard to very basic employer obligations,” Mr Cameron said.
