Wage Inspectorate Victoria has filed charges in the Magistrates’ Court of Victoria against Spotless Facility Services Pty Ltd and Spotless Services Australia Limited, alleging they failed to pay more than $17,000 in long service leave entitlements to 13 former employees.
It is alleged Spotless Facility Services Pty Ltd contravened section 9(2) of the Long Service Leave Act 2018 by failing to pay almost $14,000 in long service leave entitlements to eight former employees, when their employment ended.
Spotless Services Australia Limited is alleged to have also contravened section 9(2) by failing to pay over $3,500 in long service leave entitlements to five former employees, when their employment ended.
The maximum penalty for each offence is 60 penalty units for each day during which the offences continued.
“Long service leave is a long standing, valued workplace entitlement in Victoria, and the Wage Inspectorate is here to ensure it is paid when it is owed,” said Robert Hortle, Commissioner of Wage Inspectorate Victoria.
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 seven years. It applies to work that is full time, part time, casual, seasonal, and fixed term.
After at least seven 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.
In addition to the matter against Spotless, the Wage Inspectorate has cases against Woolworths, Optus, CommSec, and BankWest before the court alleging breaches of Victoria’s long service leave laws.
The matter is listed for mention in the Melbourne Magistrates’ Court on 10 October 2023.
Downer Group was contacted by INCLEAN but declined to comment
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