Fair Work Ombudsman
Citation: FWO-2022-12-07-tipene-litigation-media-release
At a glance
- Penalty
- $6,660
- Employees affected
- 1
What happened
The Fair Work Ombudsman has commenced legal action against Winiata Tipene, who operated 'The brothers metal roofing' in Sydney. A young worker sought assistance after being employed as a full-time labourer from May to July 2021. A Fair Work Inspector issued a Compliance Notice in April 2023, believing the worker was underpaid minimum wages and allowances and not paid for some hours. Tipene allegedly failed to comply with the notice, which required him to calculate and back-pay entitlements. This is the second time the FWO has taken legal action against Tipene.
What was decided
The Fair Work Ombudsman is seeking a penalty of up to $6,660 against Winiata Tipene for failing to comply with a Compliance Notice. The FWO also seeks orders requiring him to rectify the alleged underpayment, plus superannuation and interest. A directions hearing is scheduled for February 2023. Previously, in October 2022, Tipene was ordered to pay over $12,000 in penalties and back-payment for failing to comply with a similar Compliance Notice related to two other workers. "A court can order a business to pay penalties in addition to back-paying workers," said Sandra Parker.
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 rectify underpayments, plus superannuation and interest. The FWO is prepared to take legal action against businesses that do not comply with these notices.
What it means for employees
Employees who believe they have been underpaid or are not receiving their entitlements should contact the Fair Work Ombudsman for free assistance. Interpreter services are available.
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-tipene-litigation-media-releaseWant more cases like this?
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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 →