Fair Work Ombudsman
Citation: FWO-2022-11-10-anastasio-litigation-media-release
At a glance
- Respondent
- SA Dents & Detailing
- Penalty
- $6,660
- Employees affected
- 2
- Awards cited
- MA000117
What happened
The Fair Work Ombudsman commenced legal action against the Respondent, the operator of ‘SA Dents & Detailing’ in Payneham, Adelaide. Two casual workers were employed for short periods in October-November 2020 and January 2021 to perform car detailing duties. A Fair Work Inspector issued a Compliance Notice in February 2022 after believing the workers were not paid wages and were entitled to minimum wages plus a casual loading under the Vehicle Repair, Services and Retail Award 2020. The Respondent allegedly failed to comply with the notice.
What was decided
The Fair Work Ombudsman is seeking a penalty against the Respondent for failing to comply with the Compliance Notice. A penalty of up to $6,660 is possible. The Ombudsman also seeks an order for the Respondent to rectify the alleged underpayment, including interest. A directions hearing is scheduled for January 2023 in the Federal Circuit and Family Court.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in penalties and orders to back-pay entitlements, plus interest. Employers should ensure they are paying employees correctly and seek advice if unsure.
What it means for employees
Employees who believe they have not been paid correctly should contact the Fair Work Ombudsman for free advice and assistance. Interpreter services are available.
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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 →