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FWOFair Work Ombudsman · 31 May 2022

Fair Work Ombudsman

Citation: FWO-2022-06-01-neubauer-litigation-media-release

At a glance

Penalty
$6,660
Employees affected
1
Awards cited
MA000173

What happened

The Fair Work Ombudsman commenced legal action against Josef Samuel Neubauer, who operated City Central Cleaning in Adelaide. An investigation began after a request for assistance from a part-time administration assistant employed between January 29 and February 15, 2021. The worker, who was in Australia on a bridging visa, allegedly did not receive proper entitlements under the Clerks – Private Sector Award 2020. A Compliance Notice was issued in July 2021, which Mr. Neubauer allegedly failed to comply with, and is also accused of issuing false payslips.

What was decided

The Fair Work Ombudsman is taking Mr. Neubauer to court for allegedly failing to comply with a Compliance Notice and issuing false payslips. The Compliance Notice required him to calculate and back-pay the worker’s outstanding entitlements, including minimum wages, annual leave, and payment-in-lieu-of-notice. A directions hearing is scheduled for June 28, 2022. Mr. Neubauer faces a maximum penalty of $6,660 for the Compliance Notice breach and $13,320 for the payslip contravention. The Ombudsman is also seeking a court order to rectify underpayments.

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 court orders to rectify underpayments. Issuing false payslips is also a serious offence with substantial penalties.

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.

underpaymentgeneral-protectionspenalty-ratesmodern-award-variationsham-contracting

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

https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/june-2022/20220601-neubauer-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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