FWO inspectors say the butcher is entitled to adult apprentice wage rates.
An adult apprentice butcher in Hobart who was paid less than $10 per hour will be back-paid nearly $20,000 by his former employer, following intervention by the Fair Work Ombudsman.
The worker was underpaid while working at Lindisfarne Village Gourmet Meats, a retail butcher located at Lindisfarne, Hobart, between March 2015 and April 2016.
The Fair Work Ombudsman conducted inquiries after he lodged a request for assistance.
Fair Work inspectors discovered the business had paid the worker standard apprentice wage rates of less than $10 on weekdays and less than $12 on Saturdays.
However, having started his apprenticeship over the age of 21, under the Meat Industry Award 2010, he was entitled to adult apprentice rates of up to $16.10 for ordinary hours, $20.13 on Saturdays and $24.15 for the first two hours of overtime. His annual leave entitlements were also underpaid.
In total, the worker was underpaid $19,840.
The owner-operators of the business, Robert and Penelope Dureau, told inspectors they had paid the worker according to advice provided by an employment agency and were unaware that higher rates were payable for adult apprentices.
They fully co-operated and have agreed to enter into an Enforceable Undertaking (EU) with the Fair Work Ombudsman aimed at encouraging compliance with workplace laws.
Under the EU, the Dureau’s have agreed to back-pay the worker in full over a period of 12 months under a payment plan and to commission professional audits of their business’s compliance with workplace laws over the next two years and rectify any underpayments discovered.
They have also agreed to display a workplace notice detailing their contraventions and take steps to comply with workplace laws in future, including registering with the Fair Work Ombudsman’s My Account portal.
Acting Fair Work Ombudsman Michael Campbell says the matter serves a reminder that employers are responsible for paying correct minimum entitlements and need to ensure they are obtaining advice from reliable sources.
“Apprentices, like any worker starting a new career, can be particularly vulnerable, and we place a high importance on ensuring they are paid their full lawful entitlements,” he said.
Inside Small Business
