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FWOFair Work Ombudsman · 20 February 2024

Fair Work Ombudsman

Citation: FWO-2024-02-21-oliver-finance-litigation-media-release

At a glance

Penalty
$7,358
Employees affected
1
Awards cited
MA000117

What happened

The Fair Work Ombudsman commenced legal action against Oliver Finance Pty Ltd, operating as North Queensland Finance Solutions in Cairns, and its sole director, Joshua Brian Oliver. This followed a request for assistance from a former employee who worked as a full-time personal assistant from September 2018 to November 2021. An inspector issued a Compliance Notice in April 2022 regarding unpaid accrued annual leave entitlements under the Banking, Finance and Insurance Award 2020 and the National Employment Standards. The company allegedly failed to comply with the notice, and the worker is reportedly owed $7,358.

What was decided

The Fair Work Ombudsman is seeking penalties against Oliver Finance and Joshua Brian Oliver for failing to comply with a Compliance Notice regarding unpaid annual leave. Oliver Finance faces a potential penalty of up to $33,300, and Mr Oliver faces a potential penalty of up to $6,660. The FWO also seeks a court order to rectify the alleged underpayment, including interest. A directions hearing is scheduled for March 28, 2024. The proceedings were discontinued in October 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 they understand their obligations regarding employee entitlements and seek assistance if unsure.

What it means for employees

Employees who believe they have been underpaid or are not receiving correct entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman can provide information and support to help resolve workplace issues.

underpaymentpenalty-ratesannual-leavecompliancegeneral-protections

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-2024/20240221-oliver-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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