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FWOFair Work Ombudsman · 5 November 2023

Fair Work Ombudsman

Citation: FWO-2023-11-06-byc-penalty-media-release

At a glance

Respondent
Back Your Cause Pty Ltd
Penalty
$39,229
Employees affected
1

What happened

Back Your Cause Pty Ltd, trading as BYC Recruitment, and its former general manager, Aaron Murray, have been penalized by the Federal Circuit and Family Court. This followed a Fair Work Ombudsman investigation into the company's failure to comply with a Compliance Notice. The Compliance Notice related to unpaid entitlements for a business development manager employed between July 2020 and November 2021. The worker hadn't received wages for the final month of work or accrued annual leave. The company ceased operating.

What was decided

The Court imposed a $25,000 penalty on Back Your Cause Pty Ltd and a $5,000 penalty on Aaron Murray. The company was also ordered to pay $9,229 in back-payment, plus superannuation and interest. The court emphasized the seriousness of failing to comply with Compliance Notices, stating it sends a strong deterrent message. Fair Work Ombudsman Anna Booth stressed the consequences of ignoring Compliance Notices.

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 and back-payment orders. The court views non-compliance as a serious matter and will issue strong deterrent messages.

What it means for employees

Employees who believe they have not received their correct pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Ombudsman offers free online courses and resources for employers and employees.

underpaymentgeneral-protectionspenalty-ratesmodern-award-variationcompliance

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

https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/november-2023/20231106-byc-penalty-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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