Fair Work Ombudsman
Citation: FWO-2024-05-23-cobra-security-penalty-media-release
At a glance
- Respondent
- Cobra Security Services Pty Ltd
- Penalty
- $22,200
- Employees affected
- 2
- Awards cited
- MA000043
What happened
Cobra Security Services Pty Ltd, a former security company based in Melbourne, has been penalized by the Federal Circuit and Family Court. The company failed to comply with a Compliance Notice issued by the Fair Work Ombudsman. The notice required the company to calculate and back-pay entitlements to two casual security officers. One worker was reportedly paid nothing for 10 days of work, and the other was underpaid for work between March and May 2022. The Fair Work Ombudsman investigated after receiving requests for assistance from the workers.
What was decided
The Federal Circuit and Family Court imposed a $22,200 penalty against Cobra Security Services Pty Ltd for failing to comply with the Compliance Notice. Judge Forbes found the company pursued a strategy to avoid its obligations and lacked cooperation. The judge noted the company attempted to mislead the corporate regulator by claiming there were no proceedings against it. The court emphasized the need for a penalty to deter similar conduct from other employers. Employees with concerns about pay or entitlements should contact the Fair Work Ombudsman.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in substantial penalties. Employers should be aware that attempts to mislead regulators or avoid legal obligations will be viewed seriously by the courts and can increase the severity of penalties.
What it means for employees
Employees who believe they have been underpaid or are concerned about their entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Ombudsman offers resources and courses to help employers and employees understand their rights and obligations.
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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 →