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FWOFair Work Ombudsman · 24 March 2022

Fair Work Ombudsman

Citation: FWO-2022-03-25-dynamics-clean-services-penalty-media-release

At a glance

Respondent
Dynamics Clean Services Pty Ltd
Penalty
$12,787
Employees affected
1

What happened

Dynamics Clean Services Pty Ltd, a cleaning business based in Campsie, Sydney, and its sole director, Alan Avalos, have been penalised by the Federal Circuit and Family Court. This followed a failure to comply with a Compliance Notice issued by the Fair Work Ombudsman. The notice related to unpaid entitlements for a Nepalese casual cleaner employed for approximately one week in October 2020. The cleaner had requested assistance regarding their pay.

What was decided

The court imposed penalties of $10,656 against Dynamics Clean Services Pty Ltd and $2,131 against Alan Avalos for failing to comply with the Compliance Notice. The Compliance Notice required back-payment of entitlements under the Cleaning Services Award 2020. Dynamics Clean Services initially back-paid $217.90 of the $826.40 owed, with the remainder paid later. The Fair Work Ombudsman emphasised the importance of complying with Compliance Notices and highlighted ongoing scrutiny of the contract cleaning sector.

What it means for employers

Employers must act on Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant court-imposed penalties. The Fair Work Ombudsman is actively monitoring the contract cleaning sector, so ensuring compliance with workplace laws is crucial.

What it means for employees

Employees who have concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Ombudsman provides interpreters and resources for small businesses.

underpaymentpenalty-ratesgeneral-protectionsmodern-award-variationcasual-conversion

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-2022/20220325-dynamics-clean-services-penalty-media-release

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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 →

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