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FWOFair Work Ombudsman · 27 November 2022

Fair Work Ombudsman

Citation: FWO-2022-11-28-ifits-food-co-litigation-media-release

At a glance

Penalty
$33,300
Employees affected
2
Awards cited
MA000171

What happened

The Fair Work Ombudsman has taken legal action against IFITS Food Co Pty Ltd, the former franchisee of a Pizza Hut outlet in Warwick, Queensland. Two part-time workers, an assistant manager and a 17-year-old customer service employee, raised concerns about unpaid entitlements. The Fair Work Inspector issued Compliance Notices in February and April 2022, relating to unpaid accrued annual leave and payment-in-lieu-of-notice. The company ceased operating the outlet in late 2021.

What was decided

The Fair Work Ombudsman alleges IFITS Food Co failed to comply with the Compliance Notices, which required calculation and back-payment of the workers’ entitlements. The company faces penalties of up to $33,300 per contravention. The FWO is seeking an order for IFITS Food Co to rectify the alleged underpayments, including interest and superannuation. A directions hearing is scheduled for December 2022.

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 orders to back-pay entitlements, plus interest and superannuation. Businesses should ensure they understand and meet their obligations regarding annual leave and termination entitlements.

What it means for employees

Employees who believe they have not received their correct pay or entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman provides information and support for both employees and employers.

underpaymentpenalty-ratesannual-leavegeneral-protectionsfranchisesyoung-workers

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-2022/20221128-ifits-food-co-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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