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FWOFair Work Ombudsman · 10 May 2022

Fair Work Ombudsman

Citation: FWO-2022-05-11-corinthian-capital-penalty-media-release

At a glance

Respondent
Corinthian Capital Pty Ltd
Penalty
$77,922
Employees affected
11
Awards cited
MA000000

What happened

Corinthian Capital Pty Ltd, formerly operating 'Galangal Award Winning Thai Cuisine' in Mount Hawthorn, Perth, and its sole director, Richard James Trainer, have been penalised by the Federal Circuit and Family Court. This followed the company's failure to comply with three Compliance Notices regarding underpayments to 11 workers, including waiters, kitchen staff, and drivers, employed between February and July 2020. Some workers held working holiday visas or were international students. The Fair Work Ombudsman investigated after receiving requests for assistance from the affected employees.

What was decided

The Court imposed a $64,935 penalty on Corinthian Capital Pty Ltd and a $12,987 penalty on Richard James Trainer. The company was also ordered to calculate and rectify the underpayments, including superannuation and interest. The penalties were due to the company’s failure to act on Compliance Notices. Judge Nicholas Manousaridis found the failure was deliberate and noted the need for deterrence, particularly in the hospitality industry. The Fair Work Ombudsman emphasised the consequences of ignoring Compliance Notices.

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 and the obligation to back-pay workers. Businesses should ensure they understand their obligations and take corrective action promptly when issues are identified.

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.

underpaymentpenalty-ratesgeneral-protectionsmodern-award-variationcasual-conversionpublic-holidays

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-2022/20220511-corinthian-capital-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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