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FWOFair Work Ombudsman · 3 March 2025

Fair Work Ombudsman

Citation: FWO-2025-03-04-phyrum-um-litigation-media-release

At a glance

Penalty
$17,971
Employees affected
1
Awards cited
MA000127

What happened

The Fair Work Ombudsman has commenced legal action against Phyrum Um, the sole trader who owns and operates Intense Panel & Paint (trading as Slick FX Bodystyling) in Yennora, western Sydney. The action follows a request for assistance from the mother of a young worker with a disability who was employed as a part-time apprentice panel beater from May 2021 to May 2022. A Fair Work Inspector issued a Compliance Notice in June 2024, alleging underpayment of minimum wages, penalty rates, overtime, public holiday pay, and accrued annual leave entitlements under the Vehicle Repair, Services and Retail Award 2020 and the Fair Work Act’s National Employment Standards. Mr Um allegedly failed to comply with the notice.

What was decided

The Fair Work Ombudsman is taking Phyrum Um to court for failing to comply with a Compliance Notice regarding the underpayment of a young apprentice worker. The court is seeking a penalty of up to $18,780, plus an order for Mr Um to pay the alleged $17,971 in unpaid entitlements (plus superannuation and interest). A hearing is scheduled for March 19, 2025, in the Federal Circuit and Family Court in Sydney. The Fair Work Ombudsman emphasised the importance of protecting vulnerable workers and taking action against non-compliant employers.

What it means for employers

Employers, particularly those employing vulnerable workers like young people with disabilities, must ensure they are complying with workplace laws and award obligations. Failure to do so, and subsequent failure to comply with Compliance Notices, can result in significant penalties and orders to back-pay entitlements.

What it means for employees

Employees who believe they have been underpaid or are unsure of their workplace entitlements should contact the Fair Work Ombudsman for free assistance. Support is available through the Fair Work Infoline and interpreter services.

underpaymentapprenticesyoung-workerspenalty-ratespublic-holidaysgeneral-protectionsmodern-award-variationcompliance-notice

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

https://www.fairwork.gov.au/newsroom/media-releases/2025-media-releases/march-2025/20250304-phyrum-um-litigation-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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