Fair Work Ombudsman
Citation: FWO-2022-12-20-mccullagh-penalty-media-release
At a glance
- Respondent
- McCullagh Enterprises
- Penalty
- $6,000
- Employees affected
- 1
What happened
Brian Douglas McCullagh and Helen June McCullagh, former operators of McCullagh Enterprises, a campervan hire business in Hobart, have been penalised by the Federal Circuit and Family Court. The Fair Work Ombudsman investigated after a Filipino visa holder, employed as a casual campervan cleaner between September 2018 and March 2020, requested assistance. The couple failed to comply with a Compliance Notice requiring them to calculate and back-pay the worker's entitlements. They only back-paid the worker $14,060 after the Fair Work Ombudsman commenced legal action.
What was decided
The Federal Circuit and Family Court imposed penalties of $6,000 against Brian Douglas McCullagh and Helen June McCullagh. The penalties were for failing to comply with a Compliance Notice to back-pay entitlements to a casual employee. The Fair Work Ombudsman emphasised the importance of complying with Compliance Notices and protecting vulnerable workers. The worker received $14,060 in back-payments.
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, should seek assistance from the Fair Work Ombudsman if they believe they have been underpaid or are not receiving their correct entitlements. The Assurance Protocol protects visa holders from visa cancellation when seeking help.
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https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/december-2022/20221220-mccullagh-penalty-media-releaseWant more cases like this?
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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 →