THE Canberra arm of security company Secom Australia has been fined $66,000 for underpaying 19 security guards by a total of $21,548 between February and June, 2011.

The Fair Work Ombudsman took legal action against the company in the Federal Court after an investigation, which led to Secom back-paying the 19 employees in full and voluntarily back-paying another $80,000 to other employees.

One of the 19 underpaid employees worked in Cooma while the rest were employed in the ACT. They were paid flat hourly rates between $18 and $23 and hour for all work performed, except for public holidays, when they were paid a flat hourly rate of $25.

This led to underpayment of penalty rates for night work, weekend, public holiday and overtime work, for which they were entitled to receive up to $42 an hour, according to the the Ombudsman’s office.

The individual underpayments ranged from $82 to $4153.

Secom Australia (ACT) told the Court that it had misunderstood legislative provisions, but Judge Warwick Neville said there the company should have sought proper advice to ensure compliance with the law.

“Put more bluntly: ignorance is no excuse,” the judge said.

Judge Neville said Secom Australia (ACT) was “an organisation of some means” but had no system in place to ensure compliance with minimum entitlements.

“This was a very significant omission on the part of management,” he said.

Acting Fair Work Ombudsman, Michael Campbell, said the Court’s decision sends a message that under workplace laws, it is the responsibility of employers to ensure employees receive their full lawful entitlements.

“Employers must ensure they are aware of the minimum pay rates that apply and that their business is fully compliant with workplace laws,” Mr Campbell said.

Employers and employees can get assistance from fairwork.gov.au or contact the Fair Work Infoline on 13 13 94. A free interpreter service is available by calling 13 14 50.