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FWOFair Work Ombudsman · 22 September 2024

Fair Work Ombudsman

Citation: FWO-2024-09-23-first-step-finance-penalty-media-release

At a glance

Respondent
First Step Finance Pty Ltd
Penalty
$117,190
Employees affected
3
Awards cited
MA000017

What happened

First Step Finance Pty Ltd, a Sydney-based finance and mortgage-broking company, and its sole director and secretary, David Brian Ward, have been penalised by the Federal Circuit and Family Court. This followed a Fair Work Ombudsman investigation into underpayment of three employees in management roles between August 2020 and February 2023. The company failed to back-pay the workers and knowingly issued false or misleading payslips. The workers were underpaid minimum wages for ordinary hours and accrued but untaken annual leave entitlements.

What was decided

The Court imposed a $97,710 penalty against First Step Finance Pty Ltd and a $19,480 penalty against David Brian Ward. The company was also ordered to back-pay the workers their outstanding entitlements. The penalties were issued for failing to comply with three Compliance Notices requiring back-payment and for issuing false payslips. Judge Robert Cameron noted the company and Mr Ward disregarded their obligations and that penalties were needed to deter future non-compliance.

What it means for employers

Employers must comply with Fair Work Compliance Notices. Failure to do so can result in substantial penalties and back-pay orders. Businesses should ensure accurate pay records and timely payment of entitlements, particularly annual leave.

What it means for employees

Employees experiencing concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance.

underpaymentpenalty-ratesannual-leavegeneral-protectionscompliancewage-theft

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-2024/20240923-first-step-finance-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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