Fair Work Ombudsman
Citation: FWO-2022-04-04-universal-asian-supermarket-penalties-media-release
At a glance
- Respondent
- Universal Asian Supermarket Southbnk Pty Ltd
- Penalty
- $20,500
- Employees affected
- 1
- Awards cited
- MA000113
What happened
Universal Asian Supermarket Southbnk Pty Ltd and its sole director, Songbo (Alex) Yang, faced legal action from the Fair Work Ombudsman. A part-time retail assistant, a student visa holder from China, worked at the supermarket from June 2019 to September 2020. A Fair Work Inspector issued a Compliance Notice in March 2021, believing the worker was underpaid minimum wages, penalty rates, overtime, public holiday pay, and accrued annual leave. The company back-paid the worker after the Fair Work Ombudsman commenced legal action.
What was decided
The Federal Circuit and Family Court imposed a $17,000 penalty against Universal Asian Supermarket Southbnk Pty Ltd and $3,500 against Songbo (Alex) Yang. The penalties were for failing to comply with a Compliance Notice requiring back-payment of entitlements. The Fair Work Ombudsman emphasized the importance of complying with Compliance Notices and protecting vulnerable workers. The worker was back-paid.
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. Employers should be particularly aware of their obligations to vulnerable workers, such as those on student visas.
What it means for employees
Employees, especially visa holders, should seek assistance from the Fair Work Ombudsman if they believe they are being underpaid or are not receiving their correct entitlements. The Assurance Protocol protects visa holders from visa cancellation when seeking help.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/april-2022/20220404-universal-asian-supermarket-penalties-media-releaseWant more cases like this?
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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 →