Fair Work Ombudsman
Citation: FWO-2022-03-30-statewide-security-penalties-media-release
At a glance
- Respondent
- Statewide Security (WA) Pty Ltd
- Penalty
- $74,000
- Employees affected
- 3
- Awards cited
- MA000045
What happened
The Fair Work Ombudsman investigated Statewide Security (WA) Pty Ltd and its director, Richard Michael Clayton, after receiving requests for assistance from three security guards. The guards were employed between May 2018 and November 2019. A Fair Work Inspector believed the workers were underpaid entitlements under the Security Services Industry Award 2010, including minimum rates, overtime, penalty rates, and annual leave. The company failed to comply with three Compliance Notices and a Notice to Produce records.
What was decided
The Federal Circuit and Family Court imposed penalties of $61,500 against Statewide Security (WA) Pty Ltd and $12,500 against Richard Michael Clayton for failing to comply with Fair Work notices. Judge Allyson Ladhams emphasized the importance of general and specific deterrence, noting that failing to comply with statutory notices undermines the work of inspectors. The court ordered the company to calculate and back-pay outstanding entitlements, plus interest and superannuation.
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 court-imposed penalties. Businesses should ensure they understand their obligations under workplace laws and awards.
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 on 13 13 94.
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https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/march-2022/20220330-statewide-security-penalties-media-releaseSend your details to Liquid Employment Lawyers
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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