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FWOFair Work Ombudsman · 27 February 2024

Fair Work Ombudsman

Citation: FWO-2024-02-28-fimmano-litigation-media-release

At a glance

Respondent
R & R River Trust trading as Pure Bliss Spa & Beauty
Penalty
$8,250
Employees affected
1

What happened

The Fair Work Ombudsman has commenced legal action against Frances Fimmano and Rocco Fimmano, co-trustees of R & R River Trust, which operates Pure Bliss Spa & Beauty in Gawler, South Australia. A young casual beauty therapist, aged 24 to 25, worked at the salon between February 2021 and March 2022. A Fair Work Inspector issued a Compliance Notice in December 2022 regarding alleged underpayment of casual minimum wages and Saturday penalty rates under the Hair and Beauty Industry Award 2020. The co-trustees allegedly failed to comply with the notice.

What was decided

The Fair Work Ombudsman is taking Frances Fimmano and Rocco Fimmano to court for failing to comply with a Compliance Notice regarding alleged underpayment of a worker. The court can order penalties and back-payment of entitlements, including interest and superannuation. A directions hearing is scheduled for May 14, 2024. The Fair Work Ombudsman aims to enforce workplace laws and protect employees, particularly young workers.

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 under workplace laws, especially regarding pay and entitlements for young and casual workers. Free resources and courses are available on the Fair Work Ombudsman's website.

What it means for employees

Employees who believe they have been underpaid or are unsure about their entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman prioritises protecting young workers and will take action against employers who do not comply with workplace laws.

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underpaymentpenalty-ratesgeneral-protectionscomplianceyoung-workershair-beauty

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-2024/20240228-fimmano-litigation-media-release

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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 →

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