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FWOFair Work Ombudsman · 23 August 2023

Fair Work Ombudsman

Citation: FWO-2023-08-24-little-unicorn-litigation-media-release

At a glance

Penalty
$41,250
Employees affected
1
Awards cited
MA000063

What happened

The Fair Work Ombudsman commenced legal action against The Little Unicorn on Honeysuckle Pty Ltd, a day care centre in Newcastle. The action followed a request for assistance from a casual childcare worker who alleged she was not paid for her final shifts between June 2021 and May 2022. A Fair Work Inspector issued a Compliance Notice in December 2022 regarding alleged underpayment of minimum entitlements under the Children’s Services Award 2010. The company allegedly failed to comply with this notice.

What was decided

The Fair Work Ombudsman discontinued the proceedings on August 29, 2023. The regulator is seeking a penalty for the alleged failure to comply with the Compliance Notice. The Little Unicorn on Honeysuckle faces a potential penalty of up to $41,250, along with orders to rectify the alleged underpayment, including interest and superannuation. A case management hearing was scheduled for September 7, 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 underpaid entitlements, plus interest and superannuation. Employers should review their payroll practices and seek assistance if unsure about their obligations.

What it means for employees

Employees who believe they have been underpaid or are experiencing issues with their pay or entitlements should contact the Fair Work Ombudsman for free assistance. Interpreter services are available.

underpaymentpenalty-ratesmodern-award-variationgeneral-protectionscompliance

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

https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/august-2023/20230824-little-unicorn-litigation-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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