Fair Work Ombudsman
Citation: FWO-2022-05-11-designer-projects-litigation-media-release
At a glance
- Respondent
- Designer Projects Victoria Pty Ltd trading as ‘Designer Projects’
- Penalty
- $33,300
- Employees affected
- 1
- Awards cited
- MA000013
What happened
The Fair Work Ombudsman has taken legal action against Designer Projects Victoria Pty Ltd, trading as ‘Designer Projects’ in Melton, and its director, the Respondent. The company was investigated after a worker, a construction site supervisor, contacted the Fair Work Ombudsman seeking assistance. It was alleged the Applicant was not paid accrued annual leave entitlements when their employment ended. The company also allegedly breached pay slip laws. A Compliance Notice was issued in November 2021, which the company failed to comply with.
What was decided
The Fair Work Ombudsman is seeking penalties against Designer Projects Victoria and the Respondent for failing to comply with a Compliance Notice and for alleged pay slip contraventions. Designer Projects Victoria faces a penalty of up to $33,300, and the Respondent faces a penalty of up to $6,660 for the Compliance Notice breach. The company faces a penalty of up to $66,000 and the Respondent faces a penalty of up to $13,320 for the alleged pay slip contravention. The court is also expected to order the company to rectify the underpayments, plus interest.
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. Employers should ensure they are calculating and paying all employee entitlements correctly, including annual leave.
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 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