On Wednesday 9th September 2020, new legislation was passed by the Palaszczuk Government, making it a criminal offence for employers to knowingly underpay their staff. Directors and business owners in Queensland can now face jail time.
What You Need to Know
- Wage theft is now a criminal offence in Queensland punishable by up to 10 years in prison for ‘stealing’ and a maximum of 14 years in jail for an offence of fraud.
- Workers, or a Union on behalf of a worker, can initiate the process by making a complaint to Queensland Police.
- The process involves conciliation for cases up to $20,000.
- Workers, or a Union on behalf of a worker, can initiate a civil claim instead, through a new Industrial Magistrates Court if they choose.
Now more than ever, employers need to pay their employees correctly. This means employers must ensure that:
- Their employees are being paid correctly under the relevant Modern Award or enterprise agreement (keeping in mind recent changes to Award minimum rates of pay and conditions);
- The correct allowances, overtime penalty rates, and other relevant entitlements are factored in when paying employees;
- Constantly keep up to date with Fair Work ongoing changes to pay rates and conditions via https://www.fairwork.gov.au/.
