Fair Work Ombudsman
Citation: FWO-2022-03-21-yarraville-litigation-media-release
At a glance
- Respondent
- Yarraville Business Pty Ltd
- Penalty
- $33,300
- Employees affected
- 1
- Awards cited
- MA000736, MA000679
What happened
The Fair Work Ombudsman commenced legal action against Yarraville Business Pty Ltd, formerly operating Cash Converters stores in Yarraville and Taylors Lakes. A worker was employed at the Yarraville store from July 2015 to April 2018, and at the Taylors Lakes store from April 2018 to March 2020. A Fair Work Inspector believed the worker was paid a flat hourly rate of $21.76, resulting in underpayment of minimum wages, overtime, annual leave, and penalty rates. The inspector believed the Banking, Finance and Insurance Award 2010 applied to the Yarraville store and the General Retail Industry Award 2010 to the Taylors Lakes store.
What was decided
Yarraville Business Pty Ltd allegedly failed to comply with a Compliance Notice requiring them to calculate and back-pay the worker’s entitlements. The Fair Work Ombudsman is seeking a court order for full rectification of underpayments, including interest and superannuation. The company faces a penalty of up to $33,300 for failing to comply with the notice. A directions hearing is scheduled for May 11, 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 review their payroll practices to ensure compliance with relevant awards and legislation.
What it means for employees
Employees who believe they have been underpaid or are not receiving their correct entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Infoline is available for support.
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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 →