Fair Work Ombudsman
Citation: FWO-2023-03-15-neubauer-penalty-media-release
At a glance
- Respondent
- City Central Cleaning
- Penalty
- $13,986
- Employees affected
- 1
- Awards cited
- MA000065
What happened
Josef Samuel Neubauer, the former operator of 'City Central Cleaning' in Adelaide, has been penalised by the Federal Circuit and Family Court. He attempted to avoid his obligations to a Brazilian national working as an administration assistant by using his father’s Australian Business Number (ABN). The Fair Work Ombudsman investigated after the worker requested assistance, alleging underpayment of wages, annual leave pay, and payment-in-lieu-of-notice. Neubauer failed to comply with a Compliance Notice and provided the worker with a false payslip.
What was decided
The Federal Circuit and Family Court imposed a penalty of $13,986 against Josef Samuel Neubauer. The court ordered him to back-pay the worker’s entitlements as outlined in the Compliance Notice. Judge Stewart Brown found Neubauer’s use of his father’s ABN was a 'calculated attempt to deceive' and highlighted the vulnerability of the worker. The court emphasized the importance of transparency regarding pay and employer identity for employees, particularly vulnerable ones.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Falsifying documents or attempting to avoid obligations by using false records, such as an ABN belonging to another person, will result in significant penalties. Employers should be aware of their responsibilities to vulnerable workers, including visa holders.
What it means for employees
Employees, especially visa holders, should seek assistance from the Fair Work Ombudsman if they suspect they are being underpaid or have concerns about their entitlements. The Assurance Protocol protects visa holders who seek help from the FWO without fear of visa cancellation.
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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 →