Fair Work Ombudsman
Citation: FWO-2022-03-10-mccullagh-and-mccullagh-litigation-media-release
At a glance
- Penalty
- $6,660
- Employees affected
- 1
- Awards cited
- MA000113
What happened
The Fair Work Ombudsman commenced legal action against Brian Douglas McCullagh and Helen June McCullagh, who operated McCullagh Enterprises, a campervan hire business in Hobart. The investigation began after a former visa holder employee from the Philippines contacted the Fair Work Ombudsman seeking assistance. The employee worked as a casual campervan cleaner between September 2018 and March 2020. A Fair Work Inspector issued a Compliance Notice in July 2021, alleging underpayment of the casual minimum wage and overtime, weekend, and public holiday rates under the General Retail Industry Award 2010.
What was decided
The Fair Work Ombudsman is seeking penalties against Mr and Ms McCullagh for failing to comply with the Compliance Notice. Each respondent faces a potential penalty of up to $6,660. The regulator also seeks an order for the partnership to rectify the alleged underpayment, including superannuation. A directions hearing is scheduled for April 2022 in the Federal Circuit and Family Court.
What it means for employers
Employers must comply with workplace laws and act on Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties and orders to back-pay underpaid entitlements.
What it means for employees
Employees, particularly visa holders, can seek assistance from the Fair Work Ombudsman if they have concerns about their pay or entitlements without fear of visa repercussions. The Assurance Protocol protects visa holders who seek help.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/march-2022/20220310-mccullagh-and-mccullagh-litigation-media-releaseWant more cases like this?
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This summary was drafted by AI 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 →