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FWOFair Work Ombudsman · 8 May 2024

Fair Work Ombudsman

Citation: FWO-2024-05-09-sawdy-penalty-media-release

At a glance

Penalty
$7,400
Employees affected
3
Awards cited
MA000000

What happened

The Fair Work Ombudsman investigated Troy Malcolm Sawdy, a sole trader operating Sawdy Pastoral Company in central Queensland, after receiving requests for assistance from three workers. The workers were employed between July and December 2020. A Fair Work Inspector issued Compliance Notices in March and June 2021, believing the workers were underpaid minimum wages, overtime rates, and annual leave entitlements under the Miscellaneous Award 2020 and the Fair Work Act’s National Employment Standards. The workers received approximately $9,448 in back-pay, plus superannuation, after the FWO commenced legal action.

What was decided

The Federal Circuit and Family Court imposed a $7,400 penalty against Troy Malcolm Sawdy for failing to comply with Compliance Notices. The court ordered him to back-pay the entitlements to the three workers. Fair Work Ombudsman Anna Booth stated that failing to act on Compliance Notices can result in penalties and back-pay orders. The FWO encourages employees with pay concerns to seek assistance.

What it means for employers

Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in court penalties and orders to back-pay entitlements. Employers should review their payroll practices and seek advice if unsure about their obligations.

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 advice and assistance. Information and support are available through the Fair Work Infoline and website.

underpaymentpenalty-ratesannual-leavegeneral-protectionsmodern-award-variationcompliance-notice

Every statement above is drawn from the published decision. Read the original here:

https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/may-2024/20240509-sawdy-penalty-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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