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FWOFair Work Ombudsman · 23 May 2022

Fair Work Ombudsman

Citation: FWO-2022-05-24-city-convenience-penalty-media-release

At a glance

Respondent
City Convenience
Penalty
$30,000
Employees affected
1
Awards cited
MA000173

What happened

the Applicant, the former director of two companies trading as City Convenience stores in Adelaide, faced legal action from the Fair Work Ombudsman. The stores, located at 3 Rundle Mall and 132 Grenfell Street, failed to comply with Compliance Notices and issue pay slips. An investigation began after a worker requested assistance. The Compliance Notices related to underpayment of minimum wage rates, overtime rates, and penalty rates for weekend, evening, and public holiday work between November 2018 and August 2019. One worker was employed as a casual retail assistant.

What was decided

the Federal Circuit and Family Court imposed a $16,039.80 penalty against the Respondent. He was also ordered to pay $15,220.71 in outstanding entitlements to an underpaid worker. The court found the contraventions were serious and aimed to deter similar conduct. Judge Brown emphasized the importance of rectifying errors quickly. The companies involved went into liquidation after the court action commenced. The Fair Work Ombudsman encourages employees with pay concerns to seek assistance.

What it means for employers

Employers must act on Compliance Notices from the Fair Work Ombudsman. Failure to do so can result in significant penalties and back-payment orders. It's crucial to manage businesses to quickly correct errors, benefiting both the business and employees.

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.

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underpaymentpenalty-ratesgeneral-protectionsmodern-award-variationcompliance-notices

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-2022/20220524-city-convenience-penalty-media-release

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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 →

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