Fair Work Ombudsman
Citation: FWO-2022-03-30-cg-smith-second-litigation-media-release
At a glance
- Respondent
- C & G Smith Enterprises Pty Ltd
- Penalty
- $33,300
- Employees affected
- 1
- Awards cited
- MA000073
What happened
The Fair Work Ombudsman has commenced legal action against C & G Smith Enterprises Pty Ltd, formerly operating a Rapid Tune franchise in Keysborough, Melbourne. A young worker was employed as a full-time junior apprentice mechanic from February 2020 to February 2021. Following a request for assistance, a Fair Work Inspector issued a Compliance Notice in October 2021, alleging underpayment of wages, overtime rates, and accrued annual leave. The company allegedly failed to comply with the notice.
What was decided
The Fair Work Ombudsman is seeking a penalty against C & G Smith Enterprises Pty Ltd for failing to comply with the Compliance Notice. The company faces a potential penalty of up to $33,300. The Ombudsman also seeks an order for the company to rectify any underpayments, including superannuation and interest. A directions hearing is scheduled for April 2022. This is the second legal action against the company; the first commenced in 2021 remains before the court. "Where employers do not comply, we will take appropriate action to protect employees," said Fair Work Ombudsman Sandra Parker.
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 superannuation and interest. The Fair Work Ombudsman will take businesses to court if lawful requests are not met.
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.
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-2022/20220330-cg-smith-second-litigation-media-releaseWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The full dataset, with structured fields for awards cited, industry, penalty amounts and affected employee counts, is available through the Business API. FairWork Mate AI answers plain-English questions grounded on the full corpus.
Individual case summaries on this site are free. API + AI access is a paid product. Contact us for pricing or a 50% off first month.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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 →