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FWOFair Work Ombudsman · 23 June 2022

Fair Work Ombudsman

Citation: FWO-2022-06-24-cooper-green-penalty-media-release

At a glance

Respondent
Jagged Edge Hair Design and T.L.C By the Sea
Penalty
$4,000
Employees affected
1
Awards cited
MA000138

What happened

the Applicant, who operates Jagged Edge Hair Design and T.L.C By the Sea in Port Macquarie, NSW, failed to comply with a Compliance Notice. The Fair Work Ombudsman investigated after a request from a hairdresser who worked full-time at the salon between January 2019 and January 2021. The worker was aged 23 to 25 during this period.

What was decided

The Federal Circuit and Family Court imposed a $4,000 penalty against the Applicant. She must also rectify a $7,686 underpayment, including superannuation and interest. The court found the worker suffered significant loss and the penalty aimed to deter similar conduct. The Fair Work Ombudsman stated they will take legal action when Compliance Notices are not followed.

What it means for employers

Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in court-imposed penalties and back-payment obligations. The court highlighted a culture of wage non-compliance in some industries and stressed that wage theft will not be tolerated.

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. The Fair Work Ombudsman provides interpreters and resources for small businesses.

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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-2022/20220624-cooper-green-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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