Fair Work Ombudsman
Citation: FWO-2022-06-06-mm-jalloh-litigation-media-release
At a glance
- Respondent
- Honourable Cleaning
- Penalty
- $4,662
- Employees affected
- 2
- Awards cited
- MA000128
What happened
The Fair Work Ombudsman commenced legal action against the Respondent, the former operator of 'Honourable Cleaning' in Auburn, New South Wales. The action followed requests for assistance from two international students from Nepal, who were employed as casual cleaners between August and October 2020. A Fair Work Inspector issued a Compliance Notice in January 2021, believing the workers were underpaid casual minimum wages under the Cleaning Services Award 2020. The Respondent allegedly failed to comply with the notice, which required him to calculate and back-pay the workers’ entitlements.
What was decided
The Federal Circuit and Family Court imposed a penalty of $4,662 on the Respondent for failing to comply with the Compliance Notice. The Court also ordered him to rectify the underpayment of the workers, including interest and superannuation. The Fair Work Ombudsman is seeking further penalties and an order for the Respondent to comply with the Compliance Notice. 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 penalties and orders to rectify underpayments, plus interest and superannuation. The Fair Work Ombudsman will take legal action against businesses that do not comply with lawful requests.
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 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 →