Fair Work Ombudsman
Citation: FWO-2023-11-15-gietzel-second-litigation-media-release
At a glance
- Penalty
- $3,250
- Employees affected
- 3
- Awards cited
- MA000126
What happened
The Fair Work Ombudsman has commenced legal action against Gary John Gietzel, the former operator of Sunpine Furniture in Toowoomba, Queensland. Three casual furniture labourers, including two young workers aged 17 and 19-20, were employed between October 2020 and December 2021. A Fair Work Inspector issued a Compliance Notice in June 2022, alleging underpayment of wages under the Timber Industry Award 2010 and 2020. The workers are allegedly owed over $12,600. Mr Gietzel allegedly failed to comply with the Compliance Notice.
What was decided
The Federal Circuit and Family Court has ordered Mr Gietzel to pay a penalty of $3,250 for failing to comply with the Compliance Notice. He must also back-pay the three workers a total of $12,661.50, plus interest. This follows a separate, earlier case involving Mr Gietzel and another business, Sunpine Pluss, where penalties were imposed on both Mr and Ms Gietzel. The worker at Sunpine Pluss was back-paid in that earlier case.
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 orders to back-pay entitlements, including superannuation and interest. Prioritising compliance and understanding obligations under awards is crucial, especially when employing young workers.
What it means for employees
Employees, particularly young workers, should seek assistance from the Fair Work Ombudsman if they suspect they are being underpaid or are unsure about their entitlements. The Fair Work Ombudsman provides free advice and assistance.
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-2023/20231115-gietzel-second-litigation-media-releaseWant more cases like this?
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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 →