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FWOFair Work Ombudsman · 13 November 2022

Fair Work Ombudsman

Citation: FWO-2022-11-14-thorwesten-litigation-media-release

At a glance

Penalty
$6,660
Employees affected
1

What happened

The Fair Work Ombudsman commenced legal action against Enrico Thorwesten, who operates 'Allotae Designs', a bricklaying business in Melbourne. This followed a request for assistance from a young worker employed as a bricklayer’s labourer between June 2018 and May 2021. A Fair Work Inspector issued a Compliance Notice in February 2022, believing the worker was underpaid minimum wage, casual loading, overtime rates, and travel allowances. Mr Thorwesten allegedly failed to comply with the notice.

What was decided

The Fair Work Ombudsman is seeking a penalty of up to $6,660 against Mr Thorwesten for failing to comply with the Compliance Notice. The regulator also wants an order for him to rectify the alleged underpayment, including superannuation and interest. A directions hearing is scheduled for February 2023. The Fair Work Ombudsman stated they will take legal action when employers fail to act on Compliance Notices.

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 underpaid entitlements, plus superannuation and interest. Employers should review their payroll practices to ensure compliance with relevant awards and legislation.

What it means for employees

Employees who believe they have been underpaid or are concerned about their entitlements should contact the Fair Work Ombudsman for free advice and assistance. Interpreter services are available.

underpaymentpenalty-ratesgeneral-protectionsmodern-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/november-2022/20221114-thorwesten-litigation-media-release

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This summary was drafted by AI 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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