Fair Work Ombudsman
At a glance
- Open Close It Pty Ltd
- $3,482
- 1
- MA000063
What happened
The Fair Work Ombudsman has commenced legal action against Open Close It Pty Ltd, which operates Shutters Quickly in Lansvale, Sydney, and its sole director, the Respondent. The action follows a request for assistance from a Chinese visa holder who worked as a roller blinds manufacturer from July 2021 to February 2022. A Fair Work Inspector issued a Compliance Notice in December 2022, alleging underpayment of minimum wages and overtime rates under the Manufacturing and Associated Industries and Occupations Award 2020. The company allegedly failed to comply with the notice, with the worker reportedly owed at least $3,482.
What was decided
The Fair Work Ombudsman discontinued the proceedings in May 2024. The regulator alleges Open Close It failed to comply with a Compliance Notice requiring back-payment of entitlements. The Fair Work Ombudsman is seeking penalties against the company and the Respondent, and orders for rectification of the alleged underpayment, including interest and superannuation. A hearing was scheduled for May 17, 2024, in the Federal Circuit and Family Court in Sydney.
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 be particularly aware of the workplace rights of vulnerable workers, such as visa holders, who are entitled to the same protections as all employees. The Fair Work Ombudsman offers free online courses to help employers understand Compliance Notices.
What it means for employees
Employees, including visa holders, have the right to receive minimum wages and overtime rates. Employees who believe they have been underpaid should contact the Fair Work Ombudsman for free assistance. Interpreter services are available.
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Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. FairWork Mate may receive a referral fee from Liquid Legal. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.
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