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FWOFair Work Ombudsman · 24 January 2023

Fair Work Ombudsman

Citation: FWO-2023-01-25-sofworks-penalty-media-release

At a glance

Respondent
Sofworks Pty Ltd
Penalty
$10,000
Employees affected
1

What happened

Sofworks Pty Ltd, trading as Geelong Cable Locations, failed to comply with a Fair Work Ombudsman Compliance Notice. The company, based in Geelong, Victoria, was investigated after a worker sought assistance. The worker was employed as an underground utility detection technician from 2017 to 2021. The Compliance Notice related to unpaid accrued annual leave entitlements. Sofworks only back-paid the worker after the Fair Work Ombudsman commenced legal action.

What was decided

The Federal Circuit and Family Court imposed a $10,000 penalty against Sofworks Pty Ltd. The court found that failing to comply with Compliance Notices undermines the statutory notice regime. Judge Catherine Symons stated a penalty was needed to deter similar breaches. The Fair Work Ombudsman emphasised the importance of acting on Compliance Notices and encouraged employees with pay concerns to seek assistance.

What it means for employers

Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in court-imposed penalties and further legal action. Businesses should ensure they understand their obligations regarding employee entitlements and act promptly when notified of potential breaches.

What it means for employees

Employees who believe they have not received their correct pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Infoline is available for support and information.

underpaymentgeneral-protectionspenalty-ratesannual-leavemodern-award-variation

Every statement above is drawn from the published decision. Read the original here:

https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/january-2023/20230125-sofworks-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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