Fair Work Ombudsman
Citation: FWO-2023-03-28-graham-and-noy-litigation-media-release
At a glance
- Penalty
- $6,660
- Employees affected
- 1
- Awards cited
- MA000173
What happened
The Fair Work Ombudsman commenced legal action against Andrew Kevin Graham and Kelly Nicole Noy, former operators of the 'Slice of the Bay' pizza business in Batemans Bay, New South Wales. The action followed a request for assistance from a young, casual worker who performed front-of-house and delivery duties between February and July 2021. A Fair Work Inspector issued a Compliance Notice in June 2022 alleging underpayment of the casual minimum wage, weekend, and overtime penalty rates under the Fast Food Industry Award 2010. The Compliance Notice required calculation and back-payment of entitlements, which Graham and Noy allegedly failed to comply with.
What was decided
The Fair Work Ombudsman is seeking penalties against Graham and Noy for failing to comply with the Compliance Notice. Each faces a potential penalty of up to $6,660. The regulator also seeks an order requiring the partnership to rectify the alleged underpayment, including superannuation and interest. A directions hearing is scheduled for April 27, 2023, in the Federal Circuit and Family Court in Sydney. The proceedings were discontinued in November 2023.
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. Small businesses should review their payroll practices and ensure compliance with relevant awards and legislation.
What it means for employees
Employees who believe they have been underpaid or are concerned about 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/2023-media-releases/march-2023/20230328-graham-and-noy-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 →