ABC Enters An Enforceable Undertaking With Fair Work Ombudsman

The ABC has joined the list of Australian companies who have admitted to underpaying approximately 2,000 current and former casual employees between October 2012 and February 2019.

The underpayments are due to some casual staff members being paid a flat hourly rate which wasn’t sufficiently high enough to compensate for overtime rates, penalty rates and allowances due to them, and others being paid less than the national minimum hourly rate.

Back payments ranging from $7 to $180,000 have already commenced, including interest of 5.25% and superannuation, with full remediation to be complete by 31st of July 2020.

The Enforceable undertaking was provided to the ABC because they self-disclosed the non-deliberate breaches, are cooperating with the FWO investigation, fast-tracking backpay and improving processes to ensure future compliance. An independent expert will be used to carry out annual audits of their workplace compliance for the next three years, an electronic record-keeping and rostering system will be used and Payroll and HR staff will be provided with training to avoid further underpayments.

The ABC must also pay $600,000 to the Commonwealths Consolidated Revenue Fund in recognition of the civil penalties that would have been imposed by a court if the ABC had not self-reported and to provide deterrence for any future noncompliance.

What happened at the ABC demonstrates the importance of correctly paying employees and ensuring that employees are actually better off overall by being paid a flat hourly rate which is clearly documented in an employment contract and individual flexibility agreement.

If you require assistance with determining correct pay for employees ProcessWorx can help your business contact us on  (08) 9316 9896 or

Follow ProcessWorx on LinkedInFacebookInstagram, and Twitter to keep up to date with the latest HR and Safety news.


More Posts

How Are You Managing Your Farm's HR

How Are You Managing Your HR?

The recent election of the Labor government is likely to lead to significant employment and industrial relations changes. With the new government, I anticipate several

Industrial Manslaughter Imprisonment

Industrial Manslaughter Imprisonment

Businesses should now be aware of Western Australia’s new Work, Health, and Safety (WHS) legislation and the implications concerning workplace deaths and industrial manslaughter.  If

Contact us for help

Contact Us

Start your HR or Safety assessment for your business

Treat yourself

Let Us Take Care Of You

Copyright © ProcessWorx 2022

marisa ross team photo

Marisa Ross

HR Advisor

Marisa is an experienced and motivated HR professional with a strong HR generalist and business operations background with a focus on employee relations, performance management, leadership training & development, workers compensation & injury management, and employee retention. Marisa holds a Bachelor of Human Resource Management and a Bachelor of Behavioural Science with a minor in Counselling. Having worked in a variety of industries from SMEs to large blue-chip organisations, Marisa is passionate about enriching employee experience, employee retention, and building leadership capability in people management.

Aimee Grigson

Aimee Grigson

WHS Advisor

Aimee has a strong understanding of Workplace Health and Safety Legislation and standards and has extensive HSEQ experience in a number of industries. Aimee has a great ability to engage across all levels of organisation, including field teams, leadership and external stakeholders. Aimee ensures Health and Safety Management Systems are compliant to legislation, effectively implemented and understood by all. Aimee has a Certificate IV in Work Health and Safety and qualifications in auditing and incident investigations. Aimee is passionate about coaching and developing small businesses towards a positive safety culture.