MY RADIO RIP-OFF
Former K rock worker’s dispute goes to Fair Work watchdog amid claims of underpayment
GEELONG radio station K rock is embroiled in a pay dispute with a former casual worker.
Jacob O’Brien (pictured) claims the radio station underpaid him, with the parties now involved in mediation with federal industrial umpire, the Fair Work Ombudsman.
Mr O’Brien alleges the radio station doesn’t pay its weekend promotional casual staff penalties when it should.
GEELONG’S K rock radio station is in mediation involving the Fair Work Ombudsman, after a former employee accused the broadcaster of underpaying him.
Jacob O’Brien, who worked for K rock as a casual promotions employee, lodged a complaint with the Fair Work Ombudsman after first seeking to remedy his alleged underpayment directly with K rock’s payroll team.
Mr O’Brien claims he was underpaid a total of $180 over three weekend shifts.
He and other casual staff were paid $23.66 an hour on weekends when he says they should have been paid $27.45 an hour on Saturdays and $33.13 per hour on Sundays.
He alleges up to 15 staff could be affected.
“Lots of people asked why they weren’t getting paid extra on weekends and payroll said that we weren’t covered by the miscellaneous award because the station’s deal was that they paid us under the national employment standard, which doesn’t include penalty rates,” Mr O’Brien said.
“Fair Work has told me that that’s not true.”
K rock general manager Andy Mathers said allegations the radio station had underpaid its employees were “factually incorrect”.
“That’s the first time I’ve ever heard of that, so it’s news to me,” he told the Geelong Advertiser, despite having replied to a tweet from Mr O’Brien about the alleged underpayment days earlier.
Mr Mathers yesterday admitted to the Addy that K rock — part of Grant Broadcasters — was involved in mediation with Mr O’Brien, saying the process “was the best way to go about it to make sure both parties are happy”.
Mr Mathers said there would be no internal audit as a result of Mr O’Brien’s complaint. “We’ve got absolutely nothing to hide, we want everything to be above board,” he said.
In an email seen by the Geelong Advertiser, Mr Mathers told Mr O’Brien that Grant Broadcasters had received legal advice on the appropriate award for all its employees.
“On behalf of Grant Broadcasters, we are sorry that you feel as though you have been so wronged by us,” Mr Mathers said in the email.
“We are yet to have received any advice that supports your claims that promotional workers are cov- ered under the Miscellaneous Award and are therefore being underpaid.
“In an effort to ensure that we obey the relevant industrial laws, we invite you to send us an explanation of the reasons for why promotional workers are covered under the Miscellaneous Award.
Mr O’Brien said a Fair Work Australia Ombudsman spokesman said that, as a result of a court case in September, the interpretation of section 4.3 of the Miscellaneous Award now included promotional employees.
A Fair Work Ombudsman spokesman said the ombudsman “has not taken any compliance action” and it was “not appropriate for the Fair Work Ombudsman to comment on this matter”.