Queensland Education, Employment and Small Business Committee 30 July 2020 Criminal Code and Other Legislation (Wage Theft) Amendment Bill 2020:
“Ai Group strongly opposes the introduction of criminal penalties for wage underpayments. While at first glance, the introduction of criminal penalties for certain underpayments might seem like a good idea, there are many reasons why this is not in anyone's interests and needs to be rejected: Implementing criminal penalties for wage underpayments would discourage investment, entrepreneurship and employment growth; Exposing directors and managers of businesses to criminal penalties would operate as a major barrier to employers self-disclosing underpayments to the FWO; and Importantly, a criminal case would not deliver any back-pay to an underpaid worker. While a criminal case is underway, any civil case to recoup unpaid amounts would no doubt be put on hold by the Court until the criminal case is concluded. This means that underpaid workers could be waiting years for redress.”