Fair Work Ombudsman
At a glance
- Modern Day Communications
- $6,600
- 1
- MA000129
What happened
The Fair Work Ombudsman has taken legal action against the Respondent, who operates Modern Day Communications in Melbourne. A graphic designer working casually for the business from October 2020 to February 2021, and who was a visa holder from South Korea, reportedly did not receive wages. A Fair Work Inspector issued a Compliance Notice in April 2021, which the Respondent allegedly failed to comply with. The business is a communications agency.
What was decided
The Fair Work Ombudsman is taking the Respondent to court for allegedly failing to comply with a Compliance Notice. The notice required her to calculate and back-pay the worker’s outstanding entitlements, including casual minimum wages under relevant awards. The Respondent faces a maximum penalty of $6,600. The Fair Work Ombudsman is also seeking a court order for her to rectify the underpayment, including superannuation and interest. A directions hearing is scheduled for February 2022.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties and court orders to rectify underpayments. Employers should ensure they are paying employees correctly and keeping accurate records.
What it means for employees
Employees who believe they have been underpaid or are experiencing issues with their entitlements should contact the Fair Work Ombudsman for free assistance. Visa holders are entitled to the same workplace rights as Australian citizens.
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Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. FairWork Mate may receive a referral fee from Liquid Legal. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.
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