Fair Work Ombudsman
Citation: FWO-2022-08-05-cg-smith-enterprises-penalty-media-release
At a glance
- Respondent
- C & G Smith Enterprises Pty Ltd
- Penalty
- $22,200
- Employees affected
- 1
- Awards cited
- MA000017
What happened
C & G Smith Enterprises Pty Ltd, formerly operating a Rapid Tune franchise in Keysborough, Melbourne, failed to comply with a Fair Work Ombudsman Compliance Notice. The notice related to underpayment of a full-time motor mechanic employed between October 2019 and October 2020. The mechanic had requested assistance regarding their pay and entitlements. The company’s failure to act on the Compliance Notice led to legal action by the Fair Work Ombudsman.
What was decided
The Federal Circuit and Family Court imposed a $22,200 penalty against C & G Smith Enterprises Pty Ltd. The court also ordered the company to rectify the underpayment, including back-paying wages, superannuation, and interest. Judge Forbes found the company’s response to the Compliance Notice was inadequate and aimed to deter similar conduct by employers. A separate Fair Work Ombudsman case against the company is ongoing.
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 court-imposed penalties and the obligation to back-pay entitlements. Inaction regarding Compliance Notices is considered a serious matter and can be viewed as a deterrent for other employers.
What it means for employees
Employees concerned about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Ombudsman encourages employees to seek help if they believe they have been underpaid.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/august-2022/20220805-cg-smith-enterprises-penalty-media-releaseWant more cases like this?
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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 →