Commonwealth Bank entities accused of underpayment

Wage Inspectorate Victoria

Wage Inspectorate Victoria has filed 23 charges in the Magistrates’ Court of Victoria against two entities of the Commonwealth Bank of Australia Group, alleging the entities failed to pay over $70,000 in long service leave to 20 former employees.

It is alleged BWA Group Services Pty. Ltd. (BankWest) contravened section 9(2) of Victoria’s Long Service Leave Act 2018 (the Act) by failing to pay more than $31,000 in long service leave entitlements to 12 former employees.

Commonwealth Securities Limited (CommSec) is alleged to have also contravened section 9(2) by failing to pay more than $38,000 in long service leave entitlements to 8 former employees.

The maximum penalty for each offence is 60 penalty units ($10,904) for each day during which the offences continue.

It is also alleged that BankWest and CommSec each separately contravened section 38(1) of the Act by failing to comply with a notice to produce documents relating to the Wage Inspectorate’s investigations.

The matter is listed for mention in the Melbourne Magistrates’ Court on 10 October 2022.

Employers and workers seeking information on long service leave should visit the Wage Inspectorate’s website at wageinspectorate.vic.gov.au or call 1800 287 287.

The website contains fact sheets, frequently asked questions and a long service leave calculator. Information on the website has also been translated into 17 languages and interpreting services are available for people who need them. Background on Victoria’s Long Service Leave Act

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.

Wage Inspectorate Victoria enforces state laws covering wage theft, long service leave, child employment and owner drivers in Victoria.

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