$22k back pay for two Mornington Peninsula workers

The Fair Work Ombudsman announced that two workers on Victoria's Mornington Peninsula have been back-paid a total of $22,000, following recent intervention by the Agency.

A restaurant employee at a local winery was underpaid $14,000 between 2007 and 2014 during her employment as a waitress and supervisor.

She was paid a flat hourly rate of $25, which was not sufficient to cover the weekend and night penalty rates she was entitled to under the Restaurant Industry Award.
In a separate matter, a barista at a café in the region was also underpaid her penalty rates as a result of being paid a flat hourly rate.

The employee was underpaid $8000 for weekend and public holiday work between 2009 and 2015.

Fair Work Ombudsman Natalie James said Mornington Peninsula employers need to be aware that paying employees a flat rate that is above the minimum normal hourly rate does not automatically negate the need to pay penalty rates.

"A small mistake left over time can easily result in a hefty bill for back-payment of wages - so it is important employers get it right in the first place," she said.

"When we find employers who have made mistakes, our preference is always to educate them about their obligations and work with the business to resolve the issues outside of the courts," Ms James said.
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