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FWOFair Work Ombudsman · 14 June 2023

Fair Work Ombudsman

Citation: FWO-2023-06-15-alexjax-penalty-media-release

At a glance

Respondent
Alexjax Corp Pty Ltd
Penalty
$27,475
Employees affected
4
Awards cited
MA000123

What happened

Alexjax Corp Pty Ltd, trading as Heaven Salons, and its sole director and shareholder, Jack Hanna, failed to comply with Fair Work Ombudsman Compliance Notices. The business, which operated hairdressing and beauty salons in South Yarra and Brighton, Melbourne, underpaid four employees, including a UK working holiday visa holder. The underpayments related to minimum wages, Saturday penalty rates, annual leave, and payment in lieu of notice. The outlets have now closed. The Fair Work Ombudsman investigated after receiving a request for assistance from the affected workers.

What was decided

The Federal Circuit and Family Court imposed a $22,125 penalty on Alexjax Corp Pty Ltd and $5,350 on Jack Hanna. The court ordered Alexjax Corp to back-pay outstanding entitlements, plus interest and superannuation, totaling $12,778. The court found that the respondents did not demonstrate a commitment to compliance and that penalties were needed to deter future similar conduct. Acting Fair Work Ombudsman Kristen Hannah stated the FWO will take legal action when Compliance Notices are not followed.

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. Businesses should ensure they understand their obligations under awards and the Fair Work Act and engage meaningfully with any compliance processes.

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. Visa holders with work rights can seek help without fear of visa cancellation through the Assurance Protocol.

underpaymentpenalty-ratesannual-leavegeneral-protectionsmodern-award-variationvisa-protection

Every statement above is drawn from the published decision. Read the original here:

https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/june-2023/20230615-alexjax-penalty-media-release

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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 →

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