AUSTRALIA | The Minns Labor Government has encouraged businesses to self-report worker entitlements.
It followed an audit by the Inspectorate in NSW Industrial Relations, Premier's Department, which commenced an investigation into supermarket giant Coles concerning long service leave.
The NSW agency requested information regarding their compliance with the Long Service Leave Act 1955.
As a result, Coles has agreed to repay over AUD 1.5 million in unpaid long-service leave entitlements after auditing 10,698 employees (6,346 current workers and 4,352 former workers).
The approximate remediation amount is AUD 1.582 million, with workers receiving up to AUD 8,100.
The underpayment occurred due to a failure to calculate ordinary pay correctly. This was caused by several factors, including not taking allowances and bonuses into consideration.
“The NSW Government is committed to ensuring workers receive their correct entitlements,” said Minister for Industrial Relations Sophie Cotsis.
“This outcome is a reminder to employers, big and small, to make sure they are following the rules and that they can proactively self-report non-compliance to NSW Industrial Relations. I would like to acknowledge Coles’ commitment to ensuring they pay long service leave correctly.”
Coles has recalculated and back-paid employees and significantly changed their payroll processes. It has also agreed to invest in its payroll system to comply with the NSW Industrial Relations’ prescribed methodology and to ensure ongoing compliance.
The current action has served as a reminder for businesses to ensure compliance with NSW legislation and to proactively self-report systemic non-compliance to NSW Industrial Relations.
