Or-Tak Pty Ltd T/A Or-Tak Pty Ltd

Or-Tak Pty Ltd, trading as Or-Tak Pty Ltd, was found to be in breach of the National Employment Standards (NES) by the Fair Work Commission. The employer was found to have contravened the NES by failing to pay loaded rates of pay and unpaid annual leave, as well as personal/carer’s leave. The dispute was brought before the Fair Work Commission, Australia’s workplace relations tribunal.

The legal issues before the Commission were whether Or-Tak Pty Ltd had contravened the NES by failing to pay loaded rates of pay and unpaid annual and personal/carer’s leave. The NES are minimum entitlements that all employees are entitled to, regardless of the terms of their employment contract. The Commission had to determine if Or-Tak Pty Ltd had failed to provide these entitlements to its employees.

In determining the matter, the Commission found that Or-Tak Pty Ltd had failed to provide loaded rates of pay and unpaid annual leave, as well as personal/carer’s leave, to its employees. The Commission found that the employer had not kept accurate records of the employees' leave entitlements, and had not paid the required loaded rates of pay for public holidays. The Commission also found that the employer had not provided the required notice of termination to employees, and had not provided a payment summary for employees who had left the business. These failures constituted a breach of the NES. The Commission ordered Or-Tak Pty Ltd to pay the employees the amounts owing to them, as well as a penalty for the breach of the NES.