Fair Work Ombudsman
Citation: FWO-2023-03-31-catanzariti-litigation-media-release
At a glance
- Penalty
- $2,997
- Employees affected
- 3
- Awards cited
- MA000173
What happened
The Fair Work Ombudsman commenced legal action against Giuseppe Catanzariti, the former operator of 'Juicy Fruits Kensington' in Kensington, Melbourne. Three part-time shop assistants, aged 19 to 20, worked for Mr Catanzariti between August 2021 and March 2022. They performed duties including customer service and handling transactions. A Fair Work Inspector issued a Compliance Notice in July 2022, alleging underpayment of minimum wages under the General Retail Industry Award 2020 and failure to pay accrued annual leave. Mr Catanzariti allegedly failed to comply with the notice.
What was decided
The Federal Circuit and Family Court imposed a penalty of $2,997 on Mr Catanzariti for failing to comply with the Compliance Notice. The court also ordered him to rectify the underpayment of the workers. The Fair Work Ombudsman is seeking a penalty of up to $6,600 and a court order for Mr Catanzariti to rectify the alleged underpayments, including superannuation and interest. The matter is scheduled for a court date in August 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 penalties and court orders to rectify underpayments. Employers should ensure they are paying employees correctly, including minimum wages and accrued annual leave, and seek assistance if unsure.
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/2023-media-releases/march-2023/20230331-catanzariti-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 →