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FWOFair Work Ombudsman · 4 December 2022

Fair Work Ombudsman

Citation: FWO-2022-12-05-quickpoint-penalty-media-release

At a glance

Respondent
Quickpoint Pty Ltd
Penalty
$192,995
Employees affected
2

What happened

Quickpoint Pty Ltd, formerly operating a café called 'Shimizu Harbour Town' in Perth, and its sole director, the Respondent, have been penalized by the Federal Circuit and Family Court. The Fair Work Ombudsman investigated after receiving a request for assistance from a worker. Quickpoint and the Respondent admitted to breaching record-keeping and pay slip laws by falsifying wage records and providing them to the Fair Work Ombudsman during an investigation. They pressured two employees to support their deception by claiming they were paid award rates, despite only receiving $15 to $16 per hour.

What was decided

The Federal Circuit and Family Court imposed a $168,415 penalty on Quickpoint Pty Ltd and a $24,580 penalty on the Respondent. The court found their conduct, including falsifying records and attempting to manipulate employees, was 'reprehensible'. The penalties are intended to deter similar behavior. The court noted the falsified records made it difficult for employees to discover they were being underpaid. The total penalty amount is $192,995.

What it means for employers

Employers must keep accurate wage records and be truthful during Fair Work Ombudsman investigations. Falsifying records and pressuring employees to provide false information carries significant penalties. The Fair Work Ombudsman prioritizes compliance in the fast food, restaurant, and café sector.

What it means for employees

Employees who believe they are being underpaid or have concerns about their entitlements should contact the Fair Work Ombudsman for free advice and assistance. Be aware of potential pressure from employers to provide false information.

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penalty-ratesgeneral-protectionswage-theftrecord-keepingunderpaymentsham-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/december-2022/20221205-quickpoint-penalty-media-release

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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 →

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