Fair Work Ombudsman
Citation: FWO-2022-09-16-beil-penalty-media-release
At a glance
- Respondent
- Woolshed Bakery
- Penalty
- $11,833
- Employees affected
- 1
- Awards cited
- MA000113
What happened
The Fair Work Ombudsman investigated Woolshed Bakery in Tara, Queensland, after a worker requested assistance. Allan James Beil, the sole trader operating the bakery, and Brooke Beil, involved in managing the bakery, were found to have breached workplace laws. Allan Beil failed to comply with a Compliance Notice regarding back-paying a worker and issuing pay slips. The worker, employed casually from March to May 2020, alleged underpayment of casual night shift allowance and weekend penalty rates under the General Retail Industry Award 2010. A Fair Work Inspector issued a Compliance Notice in July 2021.
What was decided
The Federal Circuit and Family Court imposed penalties of $8,057 against Allan James Beil and $3,776 against Brooke Beil for failing to comply with the Compliance Notice and for the pay slip contravention. The court ordered Allan Beil to back-pay the worker’s outstanding entitlements, including superannuation and interest. Judge Amanda Tonkin emphasized the seriousness of failing to comply with Compliance Notices and the need to send a message to employers. 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 significant court-imposed penalties and the obligation to back-pay outstanding entitlements. Businesses should ensure they understand and meet their obligations under workplace laws and awards.
What it means for employees
Employees who believe they have been underpaid or are not receiving their lawful entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Infoline is available for support and information.
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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 →