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FWOFair Work Ombudsman · 28 September 2022

Fair Work Ombudsman

Citation: FWO-2022-09-29-anvisco-penalty-media-release

At a glance

Respondent
Anvisco Pty Ltd trading as ‘Go Lights’ and/or ‘Fosini Lighting’
Penalty
$5,100
Employees affected
1
Awards cited
MA000173

What happened

the Applicant, the former general manager of Anvisco Pty Ltd (trading as ‘Go Lights’ and/or ‘Fosini Lighting’), has been penalized by the Federal Circuit and Family Court. This followed a Fair Work Ombudsman investigation into underpayment of entitlements to a salesperson employed between March 2017 and January 2020. The salesperson had requested assistance regarding their pay. Anvisco Pty Ltd is now in liquidation.

What was decided

The Court imposed a $5,100 penalty against the Respondent for failing to comply with Compliance Notices requiring back-payment of entitlements. The penalty will be paid to the worker to partially rectify the outstanding underpayment. The court found that the failure to pay caused 'loss and hardship' to the worker and to deter others from disregarding Compliance Notices. Anvisco Pty Ltd could not be penalized due to its liquidation.

What it means for employers

Employers must act on Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in court-imposed penalties for individuals involved in operating the business. This highlights the importance of ensuring accurate pay and entitlements for all employees.

What it means for employees

Employees who believe they have been underpaid or are not receiving correct entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Infoline is available for support.

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underpaymentgeneral-protectionspenalty-ratesmodern-award-variationcompliance

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-2022/20220929-anvisco-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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