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FWOFair Work Ombudsman · 20 November 2022

Fair Work Ombudsman

Citation: FWO-2022-11-21-designer-projects-penalty-media-release

At a glance

Respondent
Designer Projects Victoria Pty Ltd
Penalty
$43,956
Employees affected
1
Awards cited
MA000047

What happened

Designer Projects Victoria Pty Ltd, trading as ‘Designer Projects’ in Melton, and one of its directors, Visna Thanthrige, have been penalised by the Federal Circuit and Family Court. This followed a Fair Work Ombudsman investigation into underpayment of entitlements and failure to provide pay slips to a construction site supervisor employed between July 2019 and September 2021. A Compliance Notice was issued in November 2021, which the company failed to follow.

What was decided

The Court imposed penalties of $39,960 against Designer Projects Victoria Pty Ltd and $3,996 against Visna Thanthrige. The company was ordered to comply with the Compliance Notice, including back-paying the worker accrued annual leave entitlements plus interest. Fair Work Ombudsman Sandra Parker stated legal action is taken when Compliance Notices are ignored. The worker was believed to be owed 220 hours of annual leave.

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 and the obligation to back-pay entitlements. Directors can also be held accountable for company contraventions.

What it means for employees

Employees who believe they have been underpaid or are not receiving correct pay slips should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Infoline is available for support.

underpaymentpenalty-ratesgeneral-protectionsmodern-award-variationsham-contracting

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-2022/20221121-designer-projects-penalty-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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