Fair Work Ombudsman
Citation: FWO-2023-05-17-gothic-downs-penalty-media-release
At a glance
- Respondent
- Gothic Downs Pty Ltd
- Penalty
- $60,480
- Employees affected
- 2
- Awards cited
- MA000113
What happened
Gothic Downs Pty Ltd, which operates Bakers Boutique & Patisserie outlets in Melbourne, and its sole director, Giuseppe Conforto, failed to comply with Fair Work Ombudsman (FWO) Compliance Notices. The notices related to underpayment of entitlements to two workers at Meadow Heights and Caroline Springs outlets between 2016 and 2018. One worker was a visa holder from India. The company and director back-paid $30,107 after the FWO commenced legal action. The workers were a pastry cook and a sales assistant.
What was decided
The Federal Circuit and Family Court imposed a $50,400 penalty on Gothic Downs Pty Ltd and $10,080 on Giuseppe Conforto. The court found the breaches were deliberate and that the company and director took advantage of the visa holder’s vulnerability. The court rejected claims of confusion regarding the owed amounts. The penalties are intended to deter similar behaviour. The FWO secured a total of $60,480 in penalties.
What it means for employers
Employers must comply with Compliance Notices issued by the FWO. Failing to do so can result in significant penalties. Employers should be particularly mindful of protecting vulnerable workers, such as visa holders, and ensuring accurate pay and entitlements.
What it means for employees
Employees, especially visa holders, can seek free advice and assistance from the FWO regarding their pay and entitlements without fear of visa repercussions due to the Assurance Protocol.
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-2023/20230517-gothic-downs-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 →