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FWOFair Work Ombudsman · 4 May 2022

Fair Work Ombudsman

Citation: FWO-2022-05-05-tipene-litigation-media-release

At a glance

Penalty
$6,660
Employees affected
2
Awards cited
MA000128

What happened

The Fair Work Ombudsman commenced legal action against Winiata Tipene, who operates 'The brothers metal roofing' in Sydney. Two workers, a roof plumber and a casual labourer, were employed between March and August 2021. A Fair Work Inspector issued a Compliance Notice in October 2021 after believing the workers were underpaid wages, allowances, and leave entitlements under the Plumbing and Fire Sprinklers Award 2020 and the National Employment Standards. Mr Tipene allegedly failed to comply with the notice.

What was decided

The Fair Work Ombudsman is seeking a penalty against Mr Tipene for failing to comply with the Compliance Notice. The penalty could be up to $6,660. The FWO also seeks orders for Mr Tipene to rectify the alleged underpayments, calculate and pay superannuation, and interest. A directions hearing is scheduled for May 27, 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 denied entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Infoline is available for support and interpreters are available.

underpaymentpenalty-ratesgeneral-protectionsmodern-award-variationcompliance

Every statement above is drawn from the published decision. Read the original here:

https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/may-2022/20220505-tipene-litigation-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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