Fair Work Ombudsman
Citation: FWO-2025-07-22-blumentals-litigation-media-release
At a glance
- Respondent
- D365.Group Pty Ltd
- Penalty
- $150,000
- Employees affected
- 16
What happened
The Fair Work Ombudsman has commenced legal action against the Respondent, the former owner-operator of D365.Group Pty Ltd, an IT services company liquidated in 2023. The company provided services related to Microsoft software. The investigation began after requests for assistance from workers. It is alleged the Respondent was involved in underpaying 16 IT consultants, based in Sydney, Melbourne and Brisbane, a total of $149,240 between October 2021 and December 2022. Seven of the workers held visas. The alleged underpayments ranged from $4,581 to $23,749, and included unpaid annual leave and wages, and payment in lieu of notice.
What was decided
The Fair Work Ombudsman is seeking penalties against the Respondent for alleged breaches of workplace laws, and an order for him to personally pay any amounts owed to the employees. The Respondent faces penalties of up to $13,320 per breach. A directions hearing is scheduled for September 15, 2025, in the Federal Circuit and Family Court in Sydney. The Fair Work Ombudsman has increasingly pursued individuals as accessories to workplace breaches, securing significant penalties in recent years.
What it means for employers
Business owners are responsible for ensuring employees are paid correctly, even if the company is liquidated. The Fair Work Ombudsman can pursue individuals, including directors and shareholders, for alleged underpayments, regardless of the company’s financial status. Employers should review their payroll practices and seek advice if unsure about their obligations.
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. This includes visa holders who may have protections available to them. Anonymous reporting tools are available.
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https://www.fairwork.gov.au/newsroom/media-releases/2025-media-releases/july-2025/20250722-blumentals-litigation-media-releaseSend your details to Liquid Employment Lawyers
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This summary was drafted 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