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FWOFair Work Ombudsman · 6 February 2024

Fair Work Ombudsman

Citation: FWO-2024-02-07-first-step-finance-litigation-media-release

At a glance

Penalty
$37,016
Employees affected
3
Awards cited
MA000117

What happened

The Fair Work Ombudsman has commenced legal action against First Step Finance Pty Ltd, a finance and mortgage broking company in Sydney, and its sole director, David Brian Ward. Three workers in management roles raised concerns about underpayment between August 2020 and February 2023. Fair Work Inspectors issued Compliance Notices in 2021, 2022, and 2023 regarding alleged underpayment of minimum wages and unpaid annual leave entitlements under the Banking, Finance and Insurance Award 2020 and the National Minimum Wage Order 2022. The company allegedly failed to comply with these notices and issued false pay slips.

What was decided

The Fair Work Ombudsman is seeking penalties against First Step Finance and David Brian Ward for failing to comply with Compliance Notices and issuing false pay slips. First Step Finance faces penalties of up to $66,600 for the pay slip contravention, and Mr Ward faces a penalty of up to $13,320. The FWO is also seeking court orders to rectify the alleged $37,016 in underpayments, including interest and superannuation. A hearing is scheduled for April 12, 2024.

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. Employers should ensure accurate pay slips are issued and that employees receive all entitlements, including minimum wages and annual leave.

What it means for employees

Employees who believe they have been underpaid or are experiencing workplace issues should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman provides resources and advice to help employees understand their rights and obligations.

underpaymentpenalty-ratesgeneral-protectionssham-contractingmodern-award-variationcompliance

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

https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/february-2024/20240207-first-step-finance-litigation-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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