Brisbane barista paid $10 an hour
A Brisbane café which paid a young barista as little as $10 an hour has been cautioned over its workplace practices.
The café underpaid the 19-year-old a total of $6650 in just six months.
The barista was treated as a contractor and told he needed to acquire an Australian Business Number (ABN).
However, the worker should have been classified as a casual employee, not an independent contractor.
The teenager was paid flat rates of between $10 and $13 an hour while working at the café, in the CBD, between June and December last year.
Under the Restaurant Industry Award, he should have received casual hourly rates of $23.09 for normal hours, $27.71 at weekends and $46.18 for public holidays.
Acting Fair Work Ombudsman Mark Scully says employers should be aware that simply calling a worker a “contractor” and requiring them to obtain an ABN does not automatically make them a contractor under workplace laws.
“Contracting arrangements can be appropriate, but not as a mechanism to reduce payments to workers who are performing specified duties at specified times under direction from an employer,” he said.
Employers with concerns about the classification of their workers can contact the Fair Work Ombudsman for advice and assistance at www.fairwork.gov.au/contractors
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The Fair Work Ombudsman is working hard to build a culture of compliance with workplace laws in Australia by providing practical advice that is easy to access, understand and apply.
Employers and employees seeking assistance can visit www.fairwork.gov.au or phone the Fair Work Infoline on 13 13 94. A free interpreter service is available by calling 13 14 50.