Fair Work Ombudsman
Citation: FWO-2024-03-26-asa-personnel-litigation-media-release
At a glance
- Penalty
- $236,100
- Employees affected
- 13
What happened
The Fair Work Ombudsman has commenced legal action against ASA Personnel Pty Ltd, a labour-hire company operating in Victoria and Queensland, its director Steven Lloyd Richardson, and its payroll manager Peter Crilly. An investigation alleges the company underpaid 13 casual labourers a total of $236,100 between November 2018 and May 2021. The workers performed construction work in Toongabbie, Rosedale, and Drouin South, Victoria. A Compliance Notice issued in June 2023 was not followed, and the company and individuals are now facing court.
What was decided
The Fair Work Ombudsman is seeking penalties against ASA Personnel Pty Ltd, Steven Lloyd Richardson, and Peter Crilly for failing to comply with a Compliance Notice and for alleged underpayments. The company faces a potential penalty of up to $46,950, while Richardson and Crilly each face a potential penalty of up to $9,390. The court is also expected to order the rectification of the alleged underpayments, including interest. A hearing is scheduled for April 18, 2024.
What it means for employers
Employers, particularly those in the building and construction industry, must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties and orders to back-pay entitlements. The Fair Work Ombudsman prioritises enforcement in the building and construction sector.
What it means for employees
Employees who believe they have been underpaid or are unsure of their entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Ombudsman offers online resources and courses to help employees understand their rights.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/march-2024/20240326-asa-personnel-litigation-media-releaseWant more cases like this?
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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 →