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FWOFair Work Ombudsman · 24 July 2023

Fair Work Ombudsman

Citation: FWO-2023-07-25-meriel-penalty-media-release

At a glance

Respondent
Meriel Enterprises Pty Ltd
Penalty
$16,650
Employees affected
1
Awards cited
MA000133

What happened

Meriel Enterprises Pty Ltd, formerly operating as Meei Clinic in Baulkham Hills, NSW, failed to comply with a Fair Work Ombudsman Compliance Notice. The Compliance Notice related to unpaid entitlements for a part-time beauty therapist employed from March to June 2021. The business was required to calculate and back-pay minimum wages, Saturday penalty rates under the Hair and Beauty Industry Award 2010, and annual leave entitlements. The company only made the back-payment after the Fair Work Ombudsman initiated legal action.

What was decided

The Federal Circuit and Family Court imposed a penalty of $16,650 against Meriel Enterprises Pty Ltd for failing to comply with the Compliance Notice. The court found the company showed a conscious disregard for its obligations. Judge Nicholas Manousaridis stated that failing to comply with Compliance Notices will not be tolerated. The Fair Work Ombudsman secured the penalty to ensure the worker received their lawful entitlements.

What it means for employers

Employers must act on Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties in court, in addition to back-paying owed entitlements. The court emphasised that disregarding Compliance Notices will not be tolerated.

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. The Fair Work Infoline and website provide information and support for workplace rights and obligations.

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

https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/july-2023/20230725-meriel-penalty-media-release

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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 →

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