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FWOFair Work Ombudsman · 17 December 2024

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, Jay Parker, 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 Jay Parker 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 Mr Parker'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.

penalty-ratesunderpaymentgeneral-protectionsmodern-award-variationannual-leavelong-service-leaveunfair-dismissal

Every statement above is drawn from the published decision. Read the original here:

https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/december-2024/20241218-abmeng-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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