Intentional under payment of wages became a criminal offence on 1st January. Trying to save a few bucks could result in a 0 star ‘holiday’. Is it worth it?
The National Minimum Wage in Australia is currently $24.95 p/h or $948 p/w for workers not covered by an award. (You did notice the use of the word minimum.) Awards usually increase for the first full pay period after 1st July each year.
Fairwork says:
An employer may commit a criminal offence where they were required to:
-pay an amount to an employee such as wages or paid leave entitlements
– pay an amount on behalf of the employee, or for their benefit, such as superannuation or a salary sacrifice arrangement
-have intentionally done something that intentionally results in those amounts not being paid on or before the day they were due.
The offence only applies to intentional underpayments that happen after these provisions take effect. This includes where they’re part of a course of conduct that started before the provisions take effect. This doesn’t include honest mistakes.
An employer can be an individual or a company.
Prosecution can result in monetary fines, prison time, or both.
Anyone who processes wages might be held responsible for the decisions and directions of their boss.
Read more here: https://www.fairwork.gov.au/about-us/workplace-laws/legislation-changes/closing-loopholes/criminalising-wage-underpayments-and-other-issues
You can search FairWork Pay and Conditions Tool https://www.fairwork.gov.au/pay-and-wages/minimum-wages to determine the minimum you can pay each employee based on the award and their skill level.
If you haven’t already, review staff payrates against the current minimum wages and entitlements for your industry. We love you, but not enough to go to jail for you.
