Fair Work Ombudsman
Citation: FWO-2022-11-17-beadon-bay-penalty-media-release
At a glance
- Respondent
- Beadon Bay Resort Pty Ltd
- Penalty
- $16,200
- Employees affected
- 13
- Awards cited
- MA000113
What happened
The Fair Work Ombudsman investigated Beadon Bay Resort Pty Ltd, located in Onslow, Western Australia, and its director, Emanuel Dillon. The company failed to comply with a Compliance Notice regarding underpayments to 13 employees between May and December 2019. Eight of the employees held working holiday visas. The underpayments related to casual loading, minimum payments, penalty rates for weekends and public holidays, overtime, and annual leave. The company back-paid the workers after the Fair Work Ombudsman commenced legal action.
What was decided
The Federal Circuit and Family Court imposed a $15,000 penalty on Beadon Bay Resort Pty Ltd and a $1,200 penalty on Emanuel Dillon. The court found they failed to comply with a Compliance Notice. Fair Work Ombudsman Sandra Parker stated that businesses ignoring Compliance Notices face penalties and back-payment obligations. Employees with pay concerns should contact the Fair Work Ombudsman for assistance.
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 in addition to back-payment obligations. Businesses should ensure they understand and meet their obligations regarding employee entitlements.
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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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