Fair Work Ombudsman
Citation: FWO-2022-11-10-alliance-penalty-media-release
At a glance
- Respondent
- Alliance Property Consultancy Pty Ltd
- Penalty
- $19,000
- Employees affected
- 1
What happened
Alliance Property Consultancy Pty Ltd, trading as ‘Storm Assist’ in Brisbane, and its former director, Adam Skilled Killackey, have been penalised by the Federal Circuit and Family Court. The Fair Work Ombudsman investigated after a worker, employed as a full-time sales consultant between January and May 2021, requested assistance. The company failed to comply with a Compliance Notice to calculate and back-pay annual leave entitlements. the Respondent was involved in this failure.
What was decided
The court imposed a $17,000 penalty on Alliance Property Consultancy Pty Ltd and a $2,000 penalty on the Respondent. The court also ordered the Respondent to pay $1988.44 to the worker to rectify the underpayment. The Fair Work Ombudsman emphasised the consequences of failing to act on Compliance Notices, highlighting the potential for legal action and penalties. The decision reinforces the importance of complying with Compliance Notices to ensure workers receive their lawful entitlements.
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 penalties and orders to back-pay underpaid entitlements. Directors can be held personally liable for breaches.
What it means for employees
Employees who believe they have been underpaid or are unsure about their entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Infoline is available for support.
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https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/november-2022/20221110-alliance-penalty-media-releaseWant more cases like this?
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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 →