Fair Work Ombudsman
Citation: FWO-2023-05-03-lobos-penalty-media-release
At a glance
- Penalty
- $11,322
- Employees affected
- 1
- Awards cited
- MA000173
What happened
The Fair Work Ombudsman investigated RBE Transport, a furniture delivery business in Maitland, NSW, after a worker requested assistance. Mr Mariano Lobos operated the business as a sole trader, and Ms Jamie Lobos was involved in managing it. The worker, aged 18 to 19, was employed as a furniture delivery assistant between December 2020 and July 2021. A Fair Work Inspector issued a Compliance Notice in September 2021, but Mr Lobos failed to comply, and Ms Lobos was involved in this failure. The Compliance Notice related to unpaid annual leave entitlements under the Road Transport and Distribution Award 2020 and the Fair Work Act’s National Employment Standards.
What was decided
The Federal Circuit and Family Court imposed penalties of $5,661 against Mr Mariano Lobos and $5,661 against Ms Jamie Lobos for failing to comply with the Compliance Notice. The court also ordered Mr Lobos to rectify the underpayment to the worker, plus interest. Judge Sophie Given found the failure to comply was deliberate and noted a lack of contrition from both respondents. The penalties are intended to deter others from similar behaviour. The worker has been partially back-paid to date.
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 also prioritise protecting the rights of young workers, as the FWO will take action to ensure they receive their lawful entitlements.
What it means for employees
Employees who believe they have been underpaid or are not receiving their correct entitlements should contact the Fair Work Ombudsman for free assistance. Young workers should be particularly aware of their rights and seek help if needed.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/may-2023/20230503-lobos-penalty-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 →