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FWOFair Work Ombudsman · 20 September 2022

Fair Work Ombudsman

Citation: FWO-2022-09-21-adept-penalty-media-release

At a glance

Respondent
Adept Trolly Collection Services Pty Ltd
Penalty
$62,000
Employees affected
5
Awards cited
MA000000

What happened

Adept Trolly Collection Services Pty Ltd, operating at Kmart sites in Launceston, Burnie, and Devonport in Tasmania, and its sole director, Ahlam Osman, have been penalized by the Federal Circuit and Family Court. The company failed to comply with a Compliance Notice regarding back-payments to five trolley collectors employed between June 2017 and April 2018. A worker initially requested assistance from the Fair Work Ombudsman, leading to the investigation.

What was decided

The court imposed a $16,650 penalty on Adept Trolly Collection Services Pty Ltd and a $3,300 penalty on Ahlam Osman. The company must also back-pay the five workers a total of $42,502, plus superannuation and interest. Judge Lucev found the failure to comply with the Compliance Notice was deliberate and noted a lack of regret or remorse. The penalties aim to deter future similar conduct.

What it means for employers

Employers must act on Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant court-imposed penalties and back-payment obligations. Demonstrating regret or remorse may be considered in future proceedings.

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 Infoline is available for support.

underpaymentpenalty-ratespublic-holidaysgeneral-protectionsmodern-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/september-2022/20220921-adept-penalty-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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