Fair Work Ombudsman
Citation: FWO-2024-02-12-oz-esdm-litigation-media-release
At a glance
- Respondent
- Oz ESDM Pty Ltd
- Penalty
- $5,815
- Employees affected
- 1
What happened
The Fair Work Ombudsman has commenced legal action against Oz ESDM Pty Ltd, a Melbourne-based labour-hire company in the health industry, and its sole director, the Respondent. The investigation began after the Applicant, a child therapist aged 22, contacted the Fair Work Ombudsman for assistance. She was employed by Oz ESDM from January to August 2022. A Fair Work Inspector issued a Compliance Notice in April 2023, alleging underpayment of minimum wages, failure to pay annual leave entitlements, and breaches of pay slip laws. Oz ESDM contested the Compliance Notice, and the Federal Circuit and Family Court subsequently cancelled it, leading the Fair Work Ombudsman to discontinue proceedings. The Applicant is alleged to be owed at least $5,815.
What was decided
The Fair Work Ombudsman is seeking penalties against Oz ESDM Pty Ltd and the Respondent for failing to comply with the Compliance Notice and for alleged breaches of pay slip laws. Oz ESDM faces penalties of up to $41,250 for the Compliance Notice breach and $66,600 for the pay slip breach. The Respondent faces penalties of up to $8,250 and $13,320 respectively. The FWO is also seeking orders for the company to rectify the alleged underpayment, including interest and superannuation. A hearing is scheduled for April 12, 2024, in the Federal Circuit and Family Court in Melbourne.
What it means for employers
Employers, particularly those in the labour-hire industry, must ensure they comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties. Employers should also be aware of the Fair Work Ombudsman’s focus on protecting vulnerable workers, such as young employees.
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 provides resources and support for both employees and employers to understand workplace 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 →