Fair Work Ombudsman
Citation: FWO-2023-06-28-cg-smith-second-penalty-media-release
At a glance
- Respondent
- C & G Smith Enterprises Pty Ltd
- Penalty
- $19,980
- Employees affected
- 1
- Awards cited
- MA000045
What happened
C & G Smith Enterprises Pty Ltd, formerly operating a Rapid Tune franchise in Keysborough, Melbourne, has been penalised for failing to comply with a Compliance Notice. The company previously employed a young apprentice mechanic, aged 22 to 23, between February 2020 and February 2021. The Fair Work Ombudsman investigated after a request for assistance from the worker. The company had previously been penalised for similar non-compliance in 2022.
What was decided
The Federal Circuit and Family Court imposed a $19,980 penalty against C & G Smith Enterprises Pty Ltd. The court ordered the company to back-pay the apprentice mechanic all outstanding entitlements, including interest and superannuation, as per the Compliance Notice. The judge found the company showed a 'blatant disregard for workplace laws' and a 'belligerent head in the sand' response to the compliance scheme. The penalty aims to deter future non-compliance.
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 legal action. Prioritising the protection of vulnerable workers, such as young employees, is a key focus for the FWO. Cooperation with investigations is essential.
What it means for employees
Employees who have concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance. The FWO provides information and support to both employers and employees.
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-2023/20230628-cg-smith-second-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 →