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FWOFair Work Ombudsman · 6 December 2022

Fair Work Ombudsman

Citation: FWO-2022-12-07-bhangu-penalty-media-release

At a glance

Respondent
Bhangu Pty Ltd
Penalty
$30,000
Employees affected
1
Awards cited
MA000113

What happened

Bhangu Pty Ltd, trading as Rehaan Automotive Care in Archerfield, Brisbane, failed to comply with a Compliance Notice. The Fair Work Ombudsman investigated after a visa-holder worker from India, employed as a motor mechanic from February 2017 to February 2018, requested assistance. The company was found to have underpaid minimum wages and annual leave entitlements under the Vehicle Manufacturing, Repair, Services and Retail Award and the Fair Work Act’s National Employment Standards.

What was decided

The Federal Circuit and Family Court imposed a $30,000 penalty against Bhangu Pty Ltd. The company must now back-pay the worker all entitlements, including superannuation and interest, as outlined in the Compliance Notice. The Fair Work Ombudsman emphasised the consequences of failing to act on Compliance Notices and prioritising the protection of vulnerable employees.

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. Employers should be particularly aware of their obligations to vulnerable employees, such as visa holders.

What it means for employees

Employees, especially visa holders, can seek assistance from the Fair Work Ombudsman without fear of visa repercussions. The Assurance Protocol provides protection for visa holders seeking help with pay or entitlements.

underpaymentgeneral-protectionspenalty-ratesmodern-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/december-2022/20221207-bhangu-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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