Fair Work Ombudsman
Citation: FWO-2024-12-18-abmeng-penalty-media-release
At a glance
- Respondent
- ABMENG Pty Ltd
- Penalty
- $67,000
- Employees affected
- 3
- Awards cited
- MA000033, MA000069, MA000106
What happened
ABMENG Pty Ltd, an instrument calibration company based in Queensland with operations in Melbourne and Perth, and its sole director, the Respondent, have been penalized by the Federal Circuit and Family Court. The company failed to comply with a Notice to Produce records and a Compliance Notice related to three workers employed between March and July 2021. The workers held full-time customer service, sales, and engineering roles. The Fair Work Ombudsman investigated after receiving requests for assistance from the affected workers.
What was decided
The court imposed a $56,000 penalty against ABMENG Pty Ltd and $11,000 against the Respondent for failing to comply with the notices. The company must also back-pay the remaining $12,003 owed to the workers, plus superannuation and interest. The court found the company’s conduct was serious and deliberate, frustrating the investigation process. Judge Ladhams emphasized the importance of complying with statutory notices and noted the Respondent's previous workplace law contraventions.
What it means for employers
Employers must comply with Fair Work Ombudsman notices and requests for information. Failure to do so can result in significant penalties and back-payment obligations. Companies and directors should be aware of their legal obligations and ensure compliance with workplace laws, particularly when dealing with statutory notices.
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 can investigate and help ensure workers receive their lawful entitlements.
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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