Fair Work Ombudsman
Citation: FWO-2024-01-11-p49-collingwood-litigation-media-release
At a glance
- Penalty
- $41,250
- Employees affected
- 1
- Awards cited
- MA000173
What happened
The Fair Work Ombudsman has commenced legal action against P49 Collingwood Pty Ltd, which traded as Project 49 in Collingwood, and its sole director, Rocco Esposito. The action follows a request for assistance from a worker employed full-time at Project 49 from February 2021 to August 2022. The worker performed barista, managerial, and supervisory duties. A Fair Work Inspector issued a Compliance Notice in November 2022, believing the worker was owed entitlements under the Restaurant Industry Award 2020 and the Fair Work Act’s National Employment Standards. The company allegedly failed to pay wages in the worker's final two weeks and did not pay accrued annual leave. They also allegedly failed to issue pay slips.
What was decided
The Fair Work Ombudsman is seeking penalties against P49 Collingwood and Rocco Esposito for failing to comply with a Compliance Notice and for breaches of pay slip laws. P49 Collingwood faces a penalty of up to $41,250 for failing to comply with the Compliance Notice, $66,600 for the pay slip breach, and is also required to rectify the alleged underpayment, plus interest and superannuation. Mr Esposito faces a penalty of up to $13,320 for the pay slip breach. A directions hearing is scheduled for February 13, 2024.
What it means for employers
Employers, particularly in the fast food, restaurant, and café sectors, must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties. Employers should ensure they are meeting their obligations regarding wages, annual leave, and pay slips. The Fair Work Ombudsman provides free online resources to assist employers with compliance.
What it means for employees
Employees who have concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman offers interpreters and online resources to help employees understand their rights and obligations.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/january-2024/20240111-p49-collingwood-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 →