Fair Work Ombudsman
Citation: FWO-2022-09-29-carers-portland-litigation-media-release
At a glance
- Respondent
- The Carers Portland Inc
- Penalty
- $1,879
- Employees affected
- 1
- Awards cited
- MA000123
What happened
The Fair Work Ombudsman has taken legal action against The Carers Portland Inc, which operates HCM Café Fresh Q Lunch in Dandenong South, and its secretary, the Respondent. The action follows a request for assistance from an employee employed between January and May 2021. A Fair Work Inspector issued a Compliance Notice in December 2021 regarding alleged underpayment of minimum wages, annual leave, and pay-in-lieu-of-notice under the Fast Food Industry Award 2010 and the National Employment Standards. The company allegedly failed to comply with the notice.
What was decided
The Fair Work Ombudsman is seeking penalties against The Carers Portland Inc and the Respondent for failing to comply with the Compliance Notice. The company faces a potential penalty of up to $33,300, and the Respondent faces a potential penalty of up to $6,660. The court is also expected to order the company to rectify the alleged underpayment of $1,879 plus superannuation. A directions hearing is scheduled for November 8, 2022.
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 penalties and orders to back-pay entitlements. Small businesses should review their payroll practices and seek assistance if unsure about compliance.
What it means for employees
Employees who believe they have been underpaid or are experiencing workplace issues should contact the Fair Work Ombudsman for free advice and assistance. Interpreter services are available.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
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-carers-portland-litigation-media-releaseWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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 →