Court Issues Stern Warning to Employers on Preventing Underpayments
The Federal Court of Australia (FCA) has imposed record penalties of $10.34 million against two related entities for multiple violations of the Fair Work Act 2009 (FW Act), resulting in significant underpayments. The Fair Work Ombudsman (FWO) initiated legal action against the Commonwealth Bank of Australia (CBA) and its subsidiary, Commonwealth Securities Limited (CommSec), following their voluntary disclosure of underpaid entitlements to approximately 7,400 employees between October 2015 and January 2021. In the case Fair Work Ombudsman v Commonwealth Bank of Australia [2024] FCA 81, the FCA determined penalties for the following admitted violations: The Better Off Overall Test (BOOT) The enterprise agreements required CBA and CommSec to conduct BOOT assessments to ensure employees were better off overall. This involved: – Comparing entitlements under the enterprise agreement with those under the relevant modern award at the end of each “relevant period” and making to...