Last year the Office of the Australian Building and Construction Commissioner recovered back-payments of $52,500 for Queensland building and construction workers.
The ABCC’s investigations ensured unpaid wages, leave entitlements, site allowances and superannuation entitlements were recouped for 10 individual workers in 2011.
The largest recovery came after the ABCC found a general labourer did not receive superannuation payments due to being incorrectly classified as an independent contractor, resulting in a back-payment of $17,830.
“An ABC inspector investigating the case found that the worker had been incorrectly classified as an independent contractor. When the inspector contacted the business and explained their obligations, the labourer was back-paid all money owed without the need for further action,” said Australian Building and Construction Commissioner Leigh Johns.
“I am determined that employees in the building and construction industry get the entitlements they deserve. Every Australian deserves a fair day’s pay for a fair day’s work.
“The start of a new year is a good time for employers to review their payroll obligations and make sure they understand their obligations to employees. As 2012 kicks off, employers should make it a priority to understand their workplace law responsibilities.
“Unintentional underpayments might occur from time to time but it is important to rectify the underpayment as soon as possible. No company wants to face hefty back-payments, especially not smaller employers in the building and construction industry.
“Employers that are taking on new projects, working at new sites or employing new staff in 2012 can contact the ABCC for free advice about appropriate classifications, minimum wages and entitlements.”
In October 2010 the ABCC broadened its scope to become a full service regulator which investigates underpayment of wages and entitlements, as well as breaches of workplace relations laws.
Along with the money recovered for Queensland workers in 2011, the ABCC recovered an additional $245,400 for 255 employees in other Australian states and territories including:
• $60,500 for 146 employees in New South Wales
• $32,700 for 47 employees in Victoria
• $92,800 for 25 employees in West Australia
• $17,750 for six employees in South Australia
• $27,300 for 15 employees in the Australian Capital Territory and
• $14,350 for 18 employees in the Northern Territory.
Employers or employees seeking advice on their workplace rights and obligations should visit www.abcc.gov.au or contact the ABCC Hotline on 1800 003 338. Non-English speakers should call via the free Translating and Interpretive Service on 13 14 50.
NOTE: The ABCC is not able to identify businesses or provide further information on these cases.