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Switched on Security Pty Ltd (Read 2622 times)
Reply #2 - 16. Oct 2009 at 10:53

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Launceston based Switched on Security Pty Ltd trading as Platinum Security has been fined $5,500 in the Federal Magistrate’s Court for failing to lodge Australian Workplace Agreements (AWAs) in relation to 11 of its employees, Australia’s federal Workplace Ombudsman Nicholas Wilson announced today.

At the time the breaches were committed the security and transport services business employed 20 staff and was bound by the Security Industry Award and the relevant pay scales contained in that award.

"Platinum Security began offering AWAs in 2000 and engaged the services of an industrial consultant to assist with the implementation and administration of AWAs with its workforce,’’ Mr Wilson said.

"The consultant ceased providing his services in 2005 and from that time onwards Platinum Security neglected to see that the AWAs were implemented and administered properly in accordance with law, most importantly including the requirements of lodgement.’’

"Being too busy to lodge the required paperwork is not an acceptable reason for breaching workplace laws.’’

Mr Wilson said because the AWAs terms were less generous than certain terms of the Award, each of the 11 employees was underpaid.

"Although each AWA was approved, the Respondent failed to lodge them as required under the Workplace Relations Act 1996 and this meant that the AWAs were non-operational,’’ Mr Wilson said.

"Platinum Security had been made aware, or at the very least ought to have been aware, from the conduct of its industrial adviser that AWAs needed to be filed.’’

Federal Magistrate Burchardt said although all the underpayments had since been rectified there was reason to believe that Platinum Security’s "conduct would have continued for a very considerable period of time’’ without the intervention of the Workplace Ombudsman’s investigation.

http://www.fwo.gov.au/Media-centre/2008/Pages/20080408.aspx
 

Ah! Working in Security where finding the real thief could be your employer. Now is the time to check your super account.
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Reply #1 - 16. Oct 2009 at 10:28

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The consultant ceased providing his services in 2005 and from that
time onwards the Respondent has neglected to see that the AWAs were
implemented and administered properly in accordance with law, most
particularly including the requirements of lodgment with what is now
the Office of Workplace Ombudsman.

In or about January 2007 Mr Jordan commenced an investigation into the conduct of the Respondent and that led to these proceedings.

It is now common cause that the employer failed to lodge AWAs in
respect of eleven named employees, whose names are set out at
paragraph 6 of the agreed statement of facts.

Although each AWA was approved, the Respondent failed to lodge
them, as required by s.342(1) of the Act, and this meant that the AWA
was non-operational. That in turn meant that the employees continued
to be entitled to the benefits of the NAPSA. Because the AWAs terms
were less generous than certain terms of the NAPSA, each of the
eleven employees was underpaid and suffered loss.

In total, about $18,500.00 was underpaid, approximately $1,680.00 per employee. The Respondent fully cooperated with the investigation,including being interviewed, providing documents and promptly
rectifying the underpayments owing after receiving the breach notice
from Mr Jordan. There are no outstanding underpayments with respect
to employees arising from the failure to lodge the AWAs or any other
matters arising out of the investigation.

http://www.fwo.gov.au/Legal-info-and-action/Documents/LitigationPDF/Jordan-v-Swi...
 

Ah! Working in Security where finding the real thief could be your employer. Now is the time to check your super account.
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16. Oct 2009 at 09:49

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And last year, Launceston-based Switched on Security Pty Ltd, trading as Platinum Security, was penalised $5500 – also in the Federal Magistrates Court – after the FWO prosecuted the company for failing to lodge workplace agreements for 11 of its staff.

http://www.fwo.gov.au/Media-centre/Pages/20090730-01.aspx
 

Ah! Working in Security where finding the real thief could be your employer. Now is the time to check your super account.
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