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FWOFair Work Ombudsman · 24 May 2022

Fair Work Ombudsman

Citation: FWO-2022-05-25-core9-st-ives-litigation-media-release

At a glance

Penalty
$6,000
Employees affected
1

What happened

The Fair Work Ombudsman commenced legal action against Core9 St Ives Pty Ltd, a former Core9 Fitness franchise outlet in St Ives, and its sole director, Kyle Arnold. This followed a request for assistance from a former marketing assistant who worked between February 2018 and March 2021. An inspector issued a Compliance Notice in August 2021, alleging the worker was not paid over $6000 in accrued annual leave. The company allegedly failed to comply with the notice.

What was decided

The Fair Work Ombudsman is seeking penalties against Core9 St Ives Pty Ltd and Kyle Arnold for failing to comply with the Compliance Notice. Core9 St Ives Pty Ltd faces a penalty of up to $33,300, and Mr Arnold faces a penalty of up to $6,660. The FWO also seeks an order for the company to rectify the alleged underpayment, including interest. A directions hearing was scheduled for June 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 interest. Businesses should ensure they understand and fulfil their obligations regarding employee entitlements.

What it means for employees

Employees who believe they have not received proper pay or entitlements should contact the Fair Work Ombudsman for assistance. Free advice and support are available through the Fair Work Infoline and website.

underpaymentgeneral-protectionspenalty-ratesannual-leave

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-2022/20220525-core9-st-ives-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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