Fair Work Ombudsman
Citation: FWO-2024-11-20-phillip-island-souvenirs-litigation-media-release
At a glance
- Respondent
- Phillip Island Souvenirs Pty Ltd
- Penalty
- $40,000
- Employees affected
- 3
- Awards cited
- MA000127
What happened
The Fair Work Ombudsman has commenced legal action against Phillip Island Souvenirs Pty Ltd, which operates 'U-Neek Souvenirs & Motorsport' in Cowes, Victoria. The company's sole director and owner, the Respondent, is also facing legal action. The investigation arose from requests for assistance from three retail assistants employed between October 2018 and December 2020, including a Slovenian visa holder. It is alleged the workers were paid unlawfully low flat hourly rates, significantly below the rates they were entitled to under the General Retail Industry Awards 2010 and 2020 and the Fair Work Act’s National Employment Standards.
What was decided
The Fair Work Ombudsman is seeking penalties against Phillip Island Souvenirs Pty Ltd and the Respondent for alleged breaches of workplace laws, including underpayment of wages and failure to provide pay slips and employment records. The company faces penalties of up to $31,300 to $66,600 per contravention, and the Respondent faces penalties of up to $6,260 to $13,320 per contravention. The FWO is also seeking a court order to rectify the alleged $40,009 in underpayments, plus interest and superannuation. A directions hearing is scheduled for December 11, 2024.
What it means for employers
Employers must ensure they are paying employees correctly, including penalty rates, overtime, and leave entitlements, as outlined in relevant awards and legislation. Failing to do so can result in significant penalties and back-payment orders. Employers should use resources like the Pay and Conditions Tool to verify compliance, especially when employing visa holders.
What it means for employees
Employees, including visa holders, have the right to receive the correct pay and entitlements. If you suspect you are being underpaid or your rights are being violated, contact the Fair Work Ombudsman for free assistance. Employees can also seek information from their employer and a co-worker, if they are a union member.
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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 →