Fair Work Ombudsman
At a glance
- Melbourne Digital Pty Ltd
- $33,300
- 4
What happened
The Fair Work Ombudsman has commenced legal action against Melbourne Digital Pty Ltd, a software development company, and its sole director, the Respondent. This followed requests for assistance from four workers employed in IT roles between one month and over four months in 2021. A Fair Work Inspector issued Compliance Notices in October and November 2021, believing the company had underpaid minimum wages and annual leave entitlements. The workers included an Indian national and a Pakistani national on temporary graduate visas.
What was decided
The Fair Work Ombudsman alleges Melbourne Digital Pty Ltd failed to comply with Compliance Notices requiring back-payment of entitlements. The company faces penalties of up to $33,300 per contravention, and the Respondent faces penalties of up to $6,660 per contravention. The court is also expected to order rectification of the alleged underpayments, including interest and superannuation. A directions hearing is scheduled for December 6, 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. The Assurance Protocol provides a safe avenue for visa holders to raise concerns without fear of visa repercussions.
What it means for employees
Employees concerned about their pay or entitlements should contact the Fair Work Ombudsman for free assistance. Visa holders can seek help through the Assurance Protocol without risking their visa status.
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