Fair Work Ombudsman
Citation: FWO-2024-10-01-clarke-allied-penalty-media-release
At a glance
- Respondent
- Clarke Allied Work Pty Ltd
- Penalty
- $7,992
- Employees affected
- 1
- Awards cited
- MA000136
What happened
Clarke Allied Work Pty Ltd, operating 'The Innovative Dietitian' in Adelaide, failed to comply with a Fair Work Ombudsman Compliance Notice. The company employed a dietitian at its Maylands outlet between August 2020 and June 2022, initially part-time and then as a full-time principal dietitian. Following a request for assistance from the worker, the Fair Work Ombudsman investigated and issued a Compliance Notice. The company back-paid $10,387 in wages and over $1,000 in superannuation only after legal action commenced.
What was decided
The Federal Circuit and Family Court imposed a $7,992 penalty against Clarke Allied Work Pty Ltd for failing to comply with the Compliance Notice. The court found the penalty necessary to deter similar conduct by the company and other employers. Judge Lucev emphasised the importance of general deterrence. The Fair Work Ombudsman encourages employees with pay concerns to seek assistance and employers to respond to 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 substantial penalties in addition to back-paying entitlements. The court highlighted the importance of general deterrence, meaning penalties serve as a warning to all employers.
What it means for employees
Employees who believe they have been underpaid or are unsure of their entitlements should contact the Fair Work Ombudsman for free advice and assistance. There are interpreters available to assist with communication.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/october-2024/20241001-clarke-allied-penalty-media-releaseWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The full dataset, with structured fields for awards cited, industry, penalty amounts and affected employee counts, is available through the Business API. FairWork Mate AI answers plain-English questions grounded on the full corpus.
Individual case summaries on this site are free. API + AI access is a paid product. Contact us for pricing or a 50% off first month.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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 →