Fair Work Ombudsman
Citation: FWO-2024-08-09-2cloud-technology-litigation-media-release
At a glance
- Respondent
- 2Cloud Technology Pty Ltd
- Penalty
- $18,418
- Employees affected
- 1
What happened
The Fair Work Ombudsman has commenced legal action against 2Cloud Technology Pty Ltd, a Melbourne-based website design and development company, and its sole director, the Respondent. The action follows a request for assistance from an employee who worked as an IT specialist for the company between January 2022 and May 2023, while on a temporary graduate visa. A Fair Work Inspector issued a Compliance Notice in September 2023, alleging underpayment of wages and annual leave entitlements. The company allegedly failed to comply with the notice, and the outstanding amount is approximately $18,418.
What was decided
The Fair Work Ombudsman is seeking penalties against 2Cloud Technology and the Respondent for failing to comply with a Compliance Notice. 2Cloud Technology faces a potential penalty of up to $46,950, and the Respondent faces a potential penalty of up to $9,390. The court is also seeking an order for the company to pay the alleged outstanding amount of $18,418 to the employee. A directions hearing is scheduled for August 13, 2024.
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 their obligations to vulnerable workers, such as visa holders, who have the same workplace rights as other 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 their full entitlements and should contact the Fair Work Ombudsman if they have concerns about their pay or entitlements. Interpreter services are available.
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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 →