Fair Work Ombudsman
Citation: FWO-2024-01-25-abm-litigation-media-release
At a glance
- Respondent
- ABM (AUS) Pty Ltd
- Penalty
- $14,689
- Employees affected
- 3
What happened
The Fair Work Ombudsman has commenced legal action against ABM (AUS) Pty Ltd, an industrial equipment instrument calibration company, and its sole director, the Respondent. The action follows requests for assistance from three workers employed in Melbourne and Perth between March and July 2021. These workers held customer service, sales, and engineering roles. A Fair Work Inspector issued a Compliance Notice in August 2022 alleging underpayment of minimum wages and failure to pay accrued annual leave. The company allegedly failed to comply with the Compliance Notice and a Notice to Produce documents.
What was decided
The Fair Work Ombudsman is seeking penalties against ABM (AUS) Pty Ltd and the Respondent for failing to comply with a Compliance Notice and a Notice to Produce. ABM faces a potential penalty of up to $33,300, and the Respondent faces a potential penalty of up to $6,660. The FWO is also seeking a court order for the company to pay compensation for the alleged $14,689 underpayment, plus interest. A hearing is scheduled for June 11, 2024, in the Federal Circuit and Family Court in Melbourne.
What it means for employers
Employers must comply with Compliance Notices and Notices to Produce issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties. Businesses should ensure they are paying employees correctly and providing all entitlements as required by law and relevant awards.
What it means for employees
Employees who believe they have been underpaid or are not receiving their entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman offers resources and advice to help employees understand their rights and 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 →