Fair Work Ombudsman
Citation: FWO-2022-03-31-ip-west-litigation-media-release
At a glance
- Respondent
- IP West Pty Ltd
- Penalty
- $33,300
- Employees affected
- 1
- Awards cited
- MA000173
What happened
IP West Pty Ltd, formerly operating the London Spice Bulimba restaurant in Brisbane, is facing legal action from the Fair Work Ombudsman. The action follows a complaint from a waitress who worked casually between November 2020 and August 2021, when she was aged 18 to 19. A Fair Work Inspector issued a Compliance Notice in November 2021 regarding alleged underpayment of minimum hourly rates, casual loading, and weekend penalty rates under the Restaurant Industry Award 2020. The company failed to comply with the notice.
What was decided
The Fair Work Ombudsman is taking IP West Pty Ltd to court for failing to comply with a Compliance Notice regarding alleged underpayment of a worker. The company faces a potential penalty of up to $33,300. The court may also order the company to calculate and rectify any underpayments, including superannuation and interest. A directions hearing is scheduled for June 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 superannuation and interest. Employers 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 concerned about their entitlements should contact the Fair Work Ombudsman for free advice and assistance. Interpreter services are available.
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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