Fair Work Ombudsman
Citation: FWO-2022-10-17-powell-penalty-media-release
At a glance
- Respondent
- Oak and Stone Landscaping
- Penalty
- $9,990
- Employees affected
- 1
- Awards cited
- MA000047
What happened
the Applicant, the operator of Oak and Stone Landscaping in Mernda, Melbourne, has been penalised by the Federal Circuit and Family Court. This followed a Fair Work Ombudsman investigation initiated by a request from a young worker. The worker, aged 17, was employed as a labourer between August and October 2020. the Applicant failed to comply with a Compliance Notice, which required him to calculate and back-pay entitlements and issued false pay slips. The worker was underpaid minimum wage rates, casual loadings, and was not paid for some work.
What was decided
The Federal Circuit and Family Court imposed penalties of $9,990 against the Applicant. He was ordered to comply with the Compliance Notice, back-paying the worker all entitlements plus superannuation and interest. The court found the worker was vulnerable due to his age, the underpayment was not trifling, and the false pay slips were a particularly egregious contravention. The judge found the Applicant’s actions were deliberate and showed no contrition.
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. Providing false or misleading pay slips is a serious offence. Employers should ensure they understand their obligations regarding minimum wages, casual loadings, and superannuation, particularly when employing young or vulnerable workers.
What it means for employees
Employees, especially young or vulnerable workers, should seek assistance from the Fair Work Ombudsman if they believe they have been underpaid or received false pay slips. Free advice and assistance are available through the Fair Work Infoline and website.
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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 →