Fair Work Ombudsman
Citation: FWO-2022-02-21-smart-vision-litigation-media-release
At a glance
- Respondent
- Smart Vision Developments (Qld) Pty Ltd
- Penalty
- $33,300
- Employees affected
- 2
- Awards cited
- MA000173
What happened
The Fair Work Ombudsman commenced legal action against Smart Vision Developments (Qld) Pty Ltd and its director, John Atkinson, former operators of Grand Central Cafe in Townsville, Queensland. The action followed requests for assistance from two workers employed as food and beverage attendants from June to September 2020. A Fair Work Inspector issued Compliance Notices in March 2021, alleging the workers were underpaid minimum wage, overtime, weekend, and annual leave entitlements, as well as payment-in-lieu-of-notice. The company allegedly failed to comply with these notices.
What was decided
The Fair Work Ombudsman is seeking penalties against Smart Vision Developments (Qld) Pty Ltd and John Atkinson for failing to comply with Compliance Notices. The maximum penalty for a company is $33,300 per contravention, and for an individual, $6,660 per contravention. The FWO also seeks an order for the company to rectify any underpayments, including interest and superannuation. A directions hearing is scheduled for April 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 orders to back-pay entitlements plus interest and superannuation. Businesses should ensure they understand and meet their obligations regarding employee pay and entitlements.
What it means for employees
Employees who believe they have been underpaid or are concerned about their entitlements should contact the Fair Work Ombudsman for free assistance. Interpreter services are available.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →