Fair Work Ombudsman
Citation: FWO-2023-05-19-di-troia-litigation-media-release
At a glance
- Respondent
- Skipper Automotive
- Penalty
- $3,600
- Employees affected
- 1
What happened
The Fair Work Ombudsman commenced legal action against the Respondent, the operator of Skipper Automotive in Adelaide. A young worker, aged 22, sought assistance after being employed between March and May 2021. A Fair Work Inspector issued a Compliance Notice in April 2022, alleging unpaid wages for a trial period (75 hours) and underpayment of annual leave entitlements. The Respondent allegedly failed to comply with the notice, which required him to calculate and back-pay the worker's entitlements.
What was decided
The Federal Circuit and Family Court imposed a penalty of $3,600 against the Respondent for failing to comply with the Compliance Notice. The court also ordered him to back-pay the worker in full. The Fair Work Ombudsman is seeking a further penalty of up to $6,660 and a court order for full rectification of underpayments, including superannuation and interest. A directions hearing is scheduled for July 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 back-pay entitlements. Employers should ensure they understand and adhere to workplace laws and award obligations.
What it means for employees
Employees who believe they have been underpaid or not paid for work should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman can investigate and enforce workplace laws to protect employee entitlements.
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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 →