Fair Work Ombudsman
Citation: FWO-2024-12-18-esr-group-penalty-media-release
At a glance
- Respondent
- ESR Group
- Penalty
- $131,268
- Employees affected
- 4
- Awards cited
- MA000030
What happened
The Fair Work Ombudsman secured penalties and back-pay orders against ESR Group Pty Ltd, formerly operating 'Essential Motor Body Smash Repairs' in Seven Hills, and its manager, Paul Silvestro. The company failed to comply with three Compliance Notices requiring calculation and back-payment of entitlements to four employees, including panel beaters and a spray painter, employed between March 2020 and December 2021. The workers were also not provided with pay slips. The Fair Work Ombudsman investigated after receiving requests for assistance from the affected workers.
What was decided
The Federal Circuit and Family Court imposed a $113,886 penalty on ESR Group and a $17,382 penalty on Paul Silvestro. The company must also back-pay the workers a total of $10,924, plus superannuation and interest. The court found the company and Silvestro admitted to the contraventions but did not take action. Judge Nicholas Manousaridis stated the penalties should deter similar conduct and address the company's 'defiance of industrial laws' and 'complete disregard' for pay slip requirements.
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 and back-pay obligations. Providing pay slips to employees within one working day of each pay day is a legal requirement. Employers should also prioritise protecting the rights of young workers.
What it means for employees
Employees should seek assistance from the Fair Work Ombudsman if they have concerns about their pay or entitlements. Pay slips provide important information about wages and entitlements, and employees have the right to receive them.
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-esr-group-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 →