ABCC v Professional Gyprock Solutions Pty Ltd & Lin Qiao
The Federal Court in Perth has penalised Perth company Professional Gyprock Solutions Pty Ltd (PGS) and its sole director Lin Qiao a total of $19,000, for breaches of the Fair Work Act 2009 related to false, misleading and inadequate records of payment.
The breaches were uncovered by the ABCC after payment records provided to the agency in a separate matter contained false information about the amount paid to employees.
“Employees are entitled to receive clear and accurate records of the amount they have been paid and the hours that they have been paid for, so they can be confident that they are receiving the correct amount,” said ABC Commissioner Leigh Johns.
“Without an enforceable reporting system it would be easy for unscrupulous employers to rip workers off, and workers would have no easy way of making sure they receive their full entitlements.
“Accountability provides an essential layer of protection for employees. Today’s judgment should demonstrate to employers that good record keeping is a responsibility, not an optional extra.”
The Court determined the penalties after the ABCC and respondents provided a Deed of Settlement, in which the respondents admitted the contraventions and agreed to pecuniary penalties.
PGS was penalised a total of $16,000 for three contraventions of the FW Act and Mr Qiao was penalised a total of $3,000 for three contraventions of the FW Act.
“Ordinarily when the ABCC identifies non-compliance with payment matters we prefer to provide information and assistance to help employers voluntarily resolve issues,” said ABC Commissioner Johns.
“In this matter we accept the respondents did not intend to contravene the law, but the failure to keep accurate pay records heightened the general non-compliance risk and necessitated civil litigation proceedings.”
“If employers are uncertain about their obligations, I encourage them to make contact with the ABCC so that we can provide the assistant and tools needed for compliance.”