Unscrupulous service stations charging employees for fuel drive-offs
Issue Date: - Thursday, 11 October 2007
Some Western Australian service station owners are forcing console operators to pay for fuel if a vehicle drives-off without paying.
The blatantly unfair practice was brought to the attention of the Fair Employment Advocate, Helen Creed, by console operators concerned they could potentially owe their employer money after working a shift.
Releasing her investigation report today, Ms Creed said several service station employers had deducted the value of unpaid fuel from the console operators’ wages after a drive-off. In one case, an employee worked extra unpaid hours to compensate.
“The initial complaints came from two separate service stations and our subsequent investigation revealed that deducting drive-offs from console operators was common practice amongst franchised service stations.
“Console operators are not highly paid. One drive off worth $50 could potentially leave an operator with less than $70 pay for an eight hour shift, which is significantly under minimum wage.”
Ms Creed said the practice was unfair because the console operator could not be held responsible for the carelessness or criminal behaviour of individual customers.
“Many service stations require console operators to record registration plates of all vehicles so if there is a drive-off the matter can be referred to the police.
“If the console operator was unable to get the registration, for example if they were serving another customer at the time, they have been held responsible for the theft.”
Ms Creed said it was unreasonable to expect a console operator to stop serving a customer, or to leave their console, to record licence plates especially during busy times.
As well as being unfair, the action is likely to be illegal, as an unauthorised deduction from the employee’s pay. Under the State Minimum Conditions Act, an employer can only deduct money with the consent of the employee.
The penalty is a fine of up to $2000 for each breach.
Console operators who are concerned about this practice are urged to contact the Fair Employment Advocate on 1300 790 636.