Fair Work Ombudsman
Citation: FWO-2023-08-28-phillips-litigation-media-release
At a glance
- Respondent
- Michael Phillips Acoustics
- Penalty
- $4,662
- Employees affected
- 1
- Awards cited
- MA000173
What happened
The Fair Work Ombudsman commenced legal action against Michael Phillips, the sole trader operating 'Michael Phillips Acoustics' in Alexandria, Sydney. A worker, employed as a senior acoustic engineer between May 2021 and April 2022, requested assistance. A Fair Work Inspector issued a Compliance Notice in August 2022, believing the worker was underpaid wages and accrued annual leave entitlements under the Professional Employees Award 2020 and the National Employment Standards. Phillips allegedly failed to comply with the notice.
What was decided
The Federal Circuit and Family Court imposed a penalty of $4,662 against Michael Phillips for failing to comply with the Compliance Notice. The court also ordered Phillips to calculate and rectify any underpayments, including interest. The Fair Work Ombudsman is seeking a penalty of up to $6,660 and a court order for Phillips to rectify the alleged underpayments, plus superannuation and interest. A directions hearing is scheduled for November 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 penalties and court orders to rectify underpayments and pay interest. It is important to ensure accurate wage calculations and compliance with relevant awards and legislation.
What it means for employees
Employees who believe they have been underpaid or are not receiving correct entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman can investigate and take action against employers who fail to comply with workplace laws.
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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 →