Fair Work Ombudsman
Citation: FWO-2023-11-08-sellick-litigation-media-release
At a glance
- Respondent
- Multi Services Gold Coast
- Penalty
- $6,660
- Employees affected
- 1
- Awards cited
- MA000113
What happened
The Fair Work Ombudsman commenced legal action against the Respondent, the sole trader of Multi Services Gold Coast, a Gold Coast business offering shoe and bag repairs and key cutting services. The action followed a request for assistance from the Applicant employed from April to June 2022. A Fair Work Inspector issued a Compliance Notice in November 2022, alleging underpayment of minimum wages, Sunday penalty rates, and unpaid annual leave and termination entitlements under the General Retail Industry Award 2020 and the National Employment Standards. The Respondent failed to comply with the notice and subsequently back-paid the worker’s entitlements.
What was decided
The Federal Circuit and Family Court will hear the case against the Respondent for failing to comply with the Compliance Notice. The Fair Work Ombudsman is seeking a penalty of up to $6,660 and a court order for the Respondent to rectify the alleged underpayments, including superannuation and interest. The Applicant received back-payment of all entitlements owed. The Fair Work Ombudsman emphasised the importance of complying with Compliance Notices and taking action to protect employees’ rights.
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 court orders to rectify underpayments. Employers should seek advice if unsure how to respond to a Compliance Notice.
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 offers resources and courses to help employers understand their obligations.
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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 →