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FWOFair Work Ombudsman · 10 April 2022

Fair Work Ombudsman

Citation: FWO-2022-04-11-mxs-penalty-media-release

At a glance

Penalty
$22,500
Employees affected
1
Awards cited
MA000173

What happened

M.X.S. Australia Pty Ltd, trading as MedX Physio in Southport, Queensland, failed to back-pay entitlements to a full-time employee between February and August 2020. The employee held a support services role performing administrative and cleaning duties. A Fair Work Inspector issued a Compliance Notice in February 2021, but the business did not comply. The worker requested assistance from the Fair Work Ombudsman.

What was decided

The Federal Circuit and Family Court imposed a $22,500 penalty against M.X.S. Australia Pty Ltd. The business must also back-pay the worker $3,569.93 plus interest. Fair Work Ombudsman Sandra Parker stated that failing to act on Compliance Notices can result in court-imposed penalties. The court ordered the business to comply with the original Compliance Notice.

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 back-payment obligations. Businesses should seek advice if unsure about their obligations.

What it means for employees

Employees who believe they have not received their correct pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance. Interpreter services are available.

underpaymentpenalty-ratesgeneral-protectionsmodern-award-variation

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-2022/20220411-mxs-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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