Charges laid against CBA companies for not paying long service leave

Two CBA entities could face hefty penalties – BankWest and CommSec – for allegedly not paying over $70,000 in long service leave to 20 former employees

This follows Wage Inspectorate Victoria's filing of 23 charges against the two entities in the Magistrates’ Court of Victoria.

Wage Inspectorate Victoria contends that BankWest contravened Victoria’s legislation by not paying more than $31,000 in long service leave entitlements to 12 former employees.

CommSec is alleged to have also contravened the law by failing to pay more than $38,000 in long service leave entitlements to eight former employees.

The maximum penalty for each offence is 60 penalty units ($10,904) for each day during which the offences continued.

Wage Inspectorate Victoria also alleges that BankWest and CommSec each separately contravened the law by failing to comply with a notice to produce documents relating to its investigations.

“CBA Group acknowledges that any instance of employees not being paid their correct long service leave entitlements is unacceptable,” says a CBA spokesperson.

“We have cooperated fully with the Wage Inspectorate Victoria’s investigation and will review the charges filed. The former employees included in these proceedings have been fully remediated.”

It’s believed that CBA self-reported the matter to the authorities.

The matter is listed for mention in the Melbourne Magistrates’ Court on 10 October 2022.

According to Victoria’s Long Service Leave Act 2018, long service leave must be paid to employees who have worked continuously with one employer for at least seven years.

Wage Inspectorate Victoria, which began operating in July 2021, enforces state laws covering wage theft, long service leave, child employment and owner drivers in Victoria.