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Employment Relations, Industrial Relations

Spotless entities accused of underpayments

Wage Inspectorate Victoria 2 mins read

Wage Inspectorate Victoria has filed charges in the Magistrates’ Court of Victoria against Spotless Facility Services Pty Ltd and Spotless Services Australia Limited, alleging they failed to pay over $17,000 in long service leave entitlements to 13 former employees.

It is alleged Spotless Facility Services Pty Ltd contravened section 9(2) of the Long Service Leave Act 2018 by failing to pay almost $14,000 in long service leave entitlements to 8 former employees, when their employment ended.

Spotless Services Australia Limited is alleged to have also contravened section 9(2) by failing to pay over $3,500 in long service leave entitlements to 5 former employees, when their employment ended.

The maximum penalty for each offence is 60 penalty units for each day during which the offences continued.

The matter is listed for mention in the Melbourne Magistrates’ Court on 10 October 2023.

The Wage Inspectorate will not provide further details while the matter is before the court.

In addition to the matter against Spotless, the Wage Inspectorate has cases against Woolworths, Optus, CommSec and BankWest before the court alleging breaches of Victoria’s long service leave laws.

Quotes attributable to Robert Hortle, Commissioner of Wage Inspectorate Victoria

“Long service leave is a long standing, valued workplace entitlement in Victoria, and the Wage Inspectorate is here to ensure it is paid when it is owed.”

“The amount of underpayment never tells the full story in long service leave matters. It's hard to put a value on the leave workers were initially denied. Time that could have been spent with family, travelling or just relaxing.”

Background

The Long Service Leave Act 2018 is a Victorian law that provides long service leave for employees who have worked continuously with one employer for at least 7 years. It applies to work that is:

  • full time
  • part time
  • casual
  • seasonal
  • fixed term.

After at least 7 years’ continuous employment with one employer, an employee is entitled to take their long service leave and be paid any unused long service leave entitlement when their employment ends.

Most Victorian employees will be covered by and entitled to long service leave in accordance with the Act, unless they have a long service leave entitlement from another source, such as under other legislation, a registered agreement, award, or another law.


Contact details:

Anna Basil-Jones - 0428 627 002

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