Fair Work Ombudsman
Citation: FWO-2025-07-11-oleary-litigation-media-release
At a glance
- Penalty
- $5,422
- Employees affected
- 1
- Awards cited
- MA000173
What happened
The Fair Work Ombudsman has commenced legal action against Roberta O’Leary, the former operator of Treasure Island Auctions in Rathmines, New South Wales. An investigation began after a request for assistance from a part-time worker, engaged as a ‘coder and lotter’ between March 2021 and September 2022. The worker was responsible for tasks like photographing and listing items. A Compliance Notice was issued in April 2023, alleging underpayment of minimum wages and unpaid annual leave entitlements under the General Retail Industry Award 2020 and the National Employment Standards. Ms O’Leary allegedly failed to comply with the notice.
What was decided
The Fair Work Ombudsman is seeking a penalty against Roberta O’Leary for failing to comply with a Compliance Notice. The alleged amount owing to the worker is $5,422. The court may order Ms O’Leary to pay penalties, back-pay the worker’s entitlements plus superannuation and interest. A hearing is scheduled for August 11, 2025, in the Federal Circuit and Family Court in Sydney. The Fair Work Ombudsman has discontinued these proceedings.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in penalties and orders to back-pay employee entitlements. Employers should seek advice if they receive a Compliance Notice and understand their obligations.
What it means for employees
Employees who believe they have been underpaid or are owed entitlements should contact the Fair Work Ombudsman for free advice and assistance. Interpreter services are available.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2025-media-releases/july-2025/20250711-oleary-litigation-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 →