Fair Work Ombudsman
Citation: FWO-2024-11-25-p49-collingwood-penalty-media-release
At a glance
- Respondent
- P49 Collingwood Pty Ltd
- Penalty
- $61,796
- Employees affected
- 1
- Awards cited
- MA000172
What happened
P49 Collingwood Pty Ltd, which operated 'Project 49' in Collingwood, and its sole director, Rocco Esposito, have been penalized by the Federal Circuit and Family Court. The Fair Work Ombudsman investigated after a worker requested assistance. The worker was employed full time from February 2021 to August 2022, performing barista, managerial, and supervisory duties. The company breached pay slip laws and failed to comply with a Compliance Notice regarding unpaid entitlements. Most entitlements were back-paid only after legal action commenced.
What was decided
The Court imposed a $55,003 penalty on P49 Collingwood Pty Ltd and a $6,793 penalty on Rocco Esposito. The penalties were for breaching pay slip laws and failing to comply with a Compliance Notice. The company must also calculate and pay any outstanding superannuation entitlements. Judge O’Sullivan found the contraventions were deliberate and aimed to deter future non-compliance. The Fair Work Ombudsman emphasized that failing to act on Compliance Notices can result in penalties.
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 for both the company and its directors. The fast food, restaurants, and cafes sector is a priority for the FWO, so employers in this industry should ensure they are meeting their obligations.
What it means for employees
Employees who have concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance. Compliance Notices are designed to protect employee rights, and employers who ignore them face consequences.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/november-2024/20241125-p49-collingwood-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 →