Fair Work Ombudsman
Citation: FWO-2024-08-29-nilkanth-penalty-media-release
At a glance
- Respondent
- Nilkanth Enterprise Pty Ltd
- Penalty
- $7,992
- Employees affected
- 1
- Awards cited
- MA000173
What happened
Nilkanth Enterprise Pty Ltd, trading as 'Strawberry Point' in Forest Hill, Melbourne, and its sole director, Ashvinkumar Mavjibhai Chavan, failed to comply with a Fair Work Ombudsman Compliance Notice. The company employed an international student from India as a casual retail assistant from May 2021 to May 2022. The worker was underpaid casual minimum wage and weekend penalty rates under the General Retail Industry Award 2020. The company back-paid $5,474 after the Fair Work Ombudsman commenced legal action. The FWO investigated after a request for assistance from the worker.
What was decided
The Federal Circuit and Family Court imposed a $6,660 penalty on Nilkanth Enterprise Pty Ltd and a $1,332 penalty on Ashvinkumar Chavan. The court found they demonstrated a disregard for their obligations and penalties were needed to deter future non-compliance. Judge Young emphasised the importance of a compliance framework for employers. The Fair Work Ombudsman reiterated that failing to act on Compliance Notices can result in penalties and back-pay orders.
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 and back-pay orders. Employers should be particularly aware of their obligations to young and migrant workers and ensure compliance frameworks are in place.
What it means for employees
Employees, especially young and migrant workers, should seek assistance from the Fair Work Ombudsman if they have concerns about their pay or entitlements. Free advice and assistance are available through the Fair Work Infoline and website.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/august-2024/20240829-nilkanth-penalty-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 →