The Office of Workplace Services (OWS) has widened its legal action against major transport operator National Jet Systems Pty Ltd (NJS), adding claims from another 30 pilots for a further $65,130 in underpayments, OWS Director Mr Nicholas Wilson said today.
The OWS investigation and court action against NJS now alleges that 33 employees have been underpaid, and two of these employees have had duress applied to them to sign AWAs.
“OWS is now taking action in respect of the entitlements of 33 NJS employees to recover a total of more than $70 000 in unpaid wages, and to seek penalties for these underpayments and the two cases of AWA duress,” Mr Wilson said.
The initial court application lodged by OWS on 27 May 2007 alleged the company underpaid three pilots by withholding CPI pay increases due under their pre reform Australian Workplace Agreements (AWAs). The underpayments totalled $5,377.31. The initial application also alleged that NJS applied duress to two of those pilots to sign AWAs. OWS seeks full recovery of the underpayments and penalties against the company for both the underpayments and the duress applied to the two employees.
The subsequent application lodged in the Federal Magistrates’ Court in Perth on Friday 15 June 2007, seeks full recovery of underpayments resulting from the employer’s failure to pay the additional 30 pilots a CPI salary increase to which, it is alleged, they were entitled under their existing AWAs. Further penalties are also sought for these underpayments. The OWS is not alleging that duress was applied to these 30 employees.
OWS’ decision to take legal action comes after extensive investigations and numerous opportunities given to NJS to rectify the alleged underpayments and a lack of co-operation from the company.
“All employers must be absolutely clear - OWS will not hesitate to prosecute an employer who refuses to cooperate and /or rectify breaches of workplace relations law,” he said. “Employers risk potentially significant penalties – up to $33 000 per breach of the Workplace Relations Act 1996.”
The Directions Hearing for OWS case against National Jet Systems remains set for 9.00am on 3 July 2007, in the Federal Magistrates’ Court in Perth.
National Jet Systems Pty Ltd is a major national transport operator employing over 800 people providing contracted airline charter, freight and passenger operations to large civil and government organisations in Australasia.
Any employee who considers that they may have been denied their entitlements is encouraged to contact the OWS via the OWS Help Line on 130 724 200 to lodge a claim or visit our website
www.ows.gov.au .
“OWS, soon to be the Workplace Ombudsman, is committed to ensuring that the rights and obligations of workers and employers under workplace law are protected, understood and enforced fairly”, said Mr Wilson.