Fair Work Ombudsman
At a glance
- Porkys Garage
- $7,043
- 1
What happened
the Applicant, a sole trader operating 'Porkys Garage' in Pooraka, Adelaide, failed to back-pay wages owed to a deaf apprentice. The Fair Work Ombudsman investigated after a request for assistance from the apprentice, who worked between September 2022 and March 2023. The apprentice reported difficulties finding employment due to his deafness and felt he was being taken advantage of. Despite repeated requests, his wages remained unpaid.
What was decided
The Federal Circuit and Family Court imposed a $7,042.50 penalty against the Respondent for failing to comply with a Compliance Notice. The court ordered him to back-pay the apprentice, pay interest and superannuation, and comply with the Compliance Notice. Judge Brown found the apprentice was a vulnerable employee and that the underpayment was not due to a lack of understanding but a deliberate failure to pay. The judge emphasized the need to deter similar contraventions.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties and further legal action. Employers should be particularly aware of the vulnerability of some employees and ensure they receive their correct entitlements.
What it means for employees
Employees who believe they are not receiving their correct pay or entitlements should contact the Fair Work Ombudsman for free assistance. Employees with disabilities or other vulnerabilities should seek support if they feel they are being taken advantage of.
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