Fair Work Ombudsman
Citation: FWO-2023-08-24-nilkanth-enterprise-litigation-media-release
At a glance
- Respondent
- Nilkanth Enterprise Pty Ltd
- Penalty
- $33,300
- Employees affected
- 1
- Awards cited
- MA000113
What happened
The Fair Work Ombudsman has commenced legal action against Nilkanth Enterprise Pty Ltd, which operated a greengrocer called 'Strawberry Point' in Forest Hill, Melbourne, and its sole director and shareholder, the Respondent. The action follows a request for assistance from the Applicant, an international student from India, who was employed from May 2021 to May 2022. A Fair Work Inspector issued a Compliance Notice in October 2022 alleging underpayment of casual minimum wage and weekend penalty rates under the General Retail Industry Award 2020. The company and the Respondent allegedly failed to comply with the notice.
What was decided
The Fair Work Ombudsman is seeking penalties against Nilkanth Enterprise and the Respondent for failing to comply with a Compliance Notice regarding alleged underpayment of the Applicant. Nilkanth Enterprise faces a penalty of up to $33,300 and the Respondent faces a penalty of up to $6,660. The court is also expected to order the company to rectify the alleged underpayment, including interest and superannuation. A directions hearing is scheduled for October 5, 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. Businesses should ensure they are accurately calculating and paying employee entitlements, particularly for vulnerable workers like visa holders and young employees.
What it means for employees
Employees, especially visa holders and young workers, should seek assistance from the Fair Work Ombudsman if they have concerns about their pay or entitlements. The Assurance Protocol protects visa holders who seek help from the FWO.
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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 →