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FWOFair Work Ombudsman · 17 September 2024

Fair Work Ombudsman

Citation: FWO-2024-09-18-yarraville-penalty-media-release

At a glance

Respondent
Yarraville Business Pty Ltd
Penalty
$16,000
Employees affected
1
Awards cited
MA000034, MA000069

What happened

Yarraville Business Pty Ltd, formerly operating Cash Converters stores in Yarraville and Taylors Lakes, 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 related to a full-time worker employed at the Yarraville store between July 2015 and April 2018, and at the Taylors Lakes store between May 2018 and March 2020. The worker was allegedly paid a flat rate of $21.76 an hour, resulting in underpayment of minimum wages, overtime, annual leave, and penalty rates.

What was decided

The Federal Circuit and Family Court imposed a penalty of $16,000 against Yarraville Business Pty Ltd for failing to comply with the Compliance Notice. The court ordered the company to calculate and pay any outstanding entitlements. Judge Amanda Mansini found the failure to comply was serious and deliberate, emphasizing the need for general deterrence. The Fair Work Ombudsman can take legal action against employers who do not act on Compliance Notices.

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. A robust compliance framework is essential to ensure legal obligations to employees are met.

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 free online courses for employers and resources for small businesses.

underpaymentpenalty-ratesgeneral-protectionsmodern-award-variationcompliance

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

https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/september-2024/20240918-yarraville-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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