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Home > Publications and Forms > Workplace prosecutions > Workplace prosecutions 2007 > Prosecutions under the industrial relations law for 2007 > Details of successful prosecution against Tyson Lee Colman trading as ACC Cleaning

Colman, Tyson Lee trading as ACC Cleaning


Summary

Tyson Lee Colman, carrying on the business of a cleaning contractor at Redcliffe under the name of ACC Cleaning and being an employer under the Industrial Relations Act 1999 (PDF, 1.9 MB) , was prosecuted for failing to pay an employee wages and occupational superannuation payable under the Contract Cleaning Industry Award – State 2003.The employee was employed as a cleaner and underpaid during the period of employment from 15 February to 4 November 2006. No superannuation contributions were made during this period nor did the employee receive wages in lieu of notice or pro rata holiday pay on termination of her employment. Mr Colman was convicted of both the wages and superannuation offences together with the offences that he failed to keep proper time and wages records for an industrial instrument employee as required by section 366 of the Act and that he failed to provide a written statement of pay details as required by section 370 of the Act. He was fined a total of $15,000 and was ordered to pay $9,240.44 wages, $1,326.96 pro rata annual leave, $357.85 wages in lieu of notice, and $1,341.70 occupational superannuation.

Details
Industry:

Cleaning

Defendant:

Colman, Tyson Lee trading as ACC Cleaning

Date of offence:

5 November 2006

Location of offence:

Fortitude Valley

Offence:
  • Failure to pay wages
  • Failure to contribute to the approved superannuation fund
  • Failure to keep time and wages record
  • Failure to provide pay advice details
Court:

Brisbane Central Industrial Magistrates Court

Magistrate:

Ms Margaret Cassidy

Legislation:

s.666, s.406, s.366 and s.370 of Industrial Relations Act 1999

Plea:

 

Decision date:

7 June 2007

Penalty:

A total of $15,000 in fines and was ordered to pay $10,925.25 wages, pro rata annual leave, and wages in lieu of notice and $1,341.70 occupational superannuation.

Professional and legal costs:

-

Court costs:

$266

In default period to pay:

No time to pay, referred to the State Penalties Enforcement Registry

Conviction recorded:

No

 

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Last updated 21 July 2009