Security company faces court for allegedly underpaying workers $21,000

The Fair Work Ombudsman has launched a prosecution against a security company, alleging it underpaid 19 employees more than $21,000.

Facing court is Secom Australia (ACT), which provides security services to a range of clients. Also facing court is Sydney man Ross Kenneth Barnes, who is the general manager and a director of the company.

The Fair Work Ombudsman claims Barnes was involved in Secom Australia (ACT) underpaying 19 security guards a total of $21,548 between February and June 2011. It is alleged the employees were paid flat hourly rates, which led to underpayment of penalty rates for weekend, overtime, public holiday and night work.

It is said that these flat hourly rates ranged from $18 to $23 for all work performed - except for work on public holidays, when employees were paid a flat hourly rate of $25. The majority of the alleged underpayments relate to overtime work, for which the employees were allegedly entitled to receive between $24 and $42 per hour. The alleged individual underpayments range from $82 to $4153.

Fair Work Ombudsman Nicholas Wilson says a decision to prosecute was made because of the significant amount involved and the employer’s failure to rectify the matter.

Barnes was allegedly involved in Secom Australia (ACT) committing eight breaches of workplace laws. He faces maximum penalties of $6600 per breach and the company faces maximum penalties of $33,000 per breach.

The Fair Work Ombudsman is also seeking a Court Order for Secom Australia (ACT) to rectify the underpayments. The case will be heard in the Federal Magistrates Court in Canberra.