Public notice from Paul Sadler Swimland clarifies Fair Work Ombudsman agreement

Leading learn-to-swim group Paul Sadler Swimland Pty Ltd has issued a public notice in relation to its agreement to be supervised by the Fair Work Ombudsman for the next two years having admitting to the underpayment of 1,300 staff.

The Public Notice, which can be viewed on the Paul Sadler Swimland website, clarifies that the following entities:

Paul Sadler Swimland Pty Ltd;
Paul Sadler Swimland Bacchus Marsh Pty Ltd;
Paul Sadler Swimland Bendigo Pty Ltd;
Paul Sadler Swimland Braybrook Pty Ltd;
Paul Sadler Swimland Carrum Downs Pty Ltd;
Paul Sadler Swimland Essendon Pty Ltd;
Paul Sadler Swimland Hoppers Crossing Pty Ltd;
Paul Sadler Swimland Melton Pty Ltd;
Paul Sadler Swimland Narre Warren Pty Ltd;
Paul Sadler Swimland Parkwood Green Pty Ltd;
Paul Sadler Swimland Riverside Gardens Pty Ltd;
USAust Management Services Pty Ltd t/as Paul Sadler Swimland Rowville; and
Paul Sadler Swimland Taylors Lakes Pty Ltd,

contravened the Fair Work Act 2009 and applicable industrial instruments (including the Fitness Industry Award 2010 (Award) and applicable enterprise agreements) during the period from July 2010 to March 2016 by failing to pay the minimum wages set out in the Award to adult and junior employees, and the minimum rates set out in the applicable enterprise agreements to employees.

The Public Notice states “Paul Sadler Swimland Pty Ltd and each of the named Paul Sadler Swimland franchisees have formally admitted to the FWO that the contraventions occurred and have entered into an Enforceable Undertaking (EU) with the FWO committing to a number of measures to remedy the contraventions, rectify workplace practices and ensure future compliance.”

Some of the undertakings include:

• Ensuring that measures are implemented such that all Paul Sadler Swimland franchisees, including any new franchise that opens within two years of executing the EU, will comply with the Fair Work Act 2009, Fair Work Regulations 2009 and any applicable industrial instrument that may apply to any Paul Sadler Swimland franchise from time to time.
• Undertaking an audit of Paul Sadler Swimland Pty Ltd and the named Paul Sadler Swimland Franchisees’ compliance with all Commonwealth workplace laws and applicable industrial instruments (currently the Paul Sadler Swimland Single Enterprise Agreement 2017) within 6 months of the execution of the EU and again within 18 months of the execution of the EU.
• That Paul Sadler Swimland Pty Ltd will maintain a designated email address as set out below for all current and former employees to make enquiries in relation to any underpayment or related employment concerns.
• That Paul Sadler Swimland Pty Ltd, in conjunction with each of the named Paul Sadler Swimland franchisees, will organise that additional workplace relations training is provided to all people with relevant managerial responsibility on behalf of Paul Sadler Swimland Pty Ltd or any of the named Paul Sadler Swimland franchisees.
• That Paul Sadler Swimland Pty Ltd will make a donation of $25,000 to the charity known as the Smith Family ABN 33 007 457 141 and a donation of $25,000 to the charity known as Western Chances ABN 17 110 713 865.

The statement added “Paul Sadler Swimland Pty Ltd and each of the named Paul Sadler Swimland franchisees express their sincere regret and apologise for the conduct which resulted in the contraventions and give a commitment that they will comply with all requirements of the Commonwealth workplace relations laws in the future.

“Each of the named Paul Sadler Swimland franchisees has fully rectified the total underpayments by making payments directly to the affected employees. Where a Paul Sadler Swimland franchisee has been unable to pay an employee directly, they have undertaken to make application to the Commonwealth of Australia (through the FWO) in accordance with section 559 of the FW Act to pay money into the Commonwealth Revenue Fund.

“In addition, Paul Sadler Swimland Pty Ltd and each of the named Paul Sadler Swimland franchisees calculated and paid an additional 5% ex gratia amount of each underpayment.”

Anyone who worked for Paul Sadler Swimland Pty Ltd or any of the named Paul Sadler Swimland franchisees during the period from July 2010 to March 2016 and has queries or questions relating to their employment entitlements, please contact payinfo@paulsadlerswimland.com

Image courtesy of Paul Salder Swimland.

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