Fair Work Ombudsman
Citation: FWO-2025-08-05-sempha-solutions-pty-ltd-and-herman-cn-penalty-media-release
At a glance
- Respondent
- Sempha Solutions Pty Ltd
- Penalty
- $22,536
- Employees affected
- 1
What happened
Sempha Solutions Pty Ltd, which operates the La La Land adult retail store in Brunswick, Melbourne, and its sole director, Simon Paul Herman, have been penalised by the Federal Circuit and Family Court. This followed a failure to comply with a Compliance Notice issued by the Fair Work Ombudsman. The notice required the company to calculate and back-pay minimum wages, overtime entitlements, and penalty rates owed to a young store manager employed on a casual basis between September 2022 and April 2023. The worker was aged 22 to 23 during this period. The Fair Work Ombudsman investigated after receiving a request for assistance from the affected worker.
What was decided
The Federal Circuit and Family Court imposed a $18,780 penalty on Sempha Solutions Pty Ltd and a $3,756 penalty on Simon Paul Herman. The court ordered Sempha Solutions to comply with the Compliance Notice, including calculating and rectifying any underpayments and superannuation. Judge Amanda Mansini found the company's failure to comply was serious and undermined the Fair Work Act's enforcement framework. The penalties are intended to deter future non-compliance with Compliance Notices and highlight the importance of fulfilling legal obligations to employees.
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 court-imposed penalties. Taking action to protect young workers is a priority for the FWO. Employers should review their payroll practices and ensure compliance with relevant awards and legislation.
What it means for employees
Employees who have concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance. The FWO provides resources and support for both employees and employers.
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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 →