Fair Work Ombudsman
At a glance
- Phillip Island Souvenirs Pty Ltd
- $450,000
- 3
- MA000030
What happened
Phillip Island Souvenirs Pty Ltd, operating 'U-Neek Souvenirs & Motorsport' in Cowes, Victoria, underpaid three retail assistants a total of $40,000 between October 2018 and December 2020. The company's sole director and owner, Bruce Wisbey, was also involved. The workers, including a Slovenian visa holder, were paid unlawfully low hourly rates. The Fair Work Ombudsman investigated after receiving requests for assistance from the workers.
What was decided
The Federal Circuit and Family Court imposed penalties of $375,000 against Phillip Island Souvenirs Pty Ltd and $75,000 against Bruce Wisbey. The court ordered the company to rectify the $40,000 in underpayments, plus interest and superannuation. Judge Amanda Mansini found a 'deliberate disregard' for workplace laws and a lack of cooperation. The company also breached laws regarding pay slips and employment records. Previous complaints from former employees were considered.
What it means for employers
Employers must comply with workplace laws and pay entitlements correctly. Continually paying unlawfully low rates will result in significant penalties. Employers should be aware of their obligations to visa holder workers and cooperate with Fair Work Ombudsman investigations.
What it means for employees
Employees experiencing concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance. Visa holder workers are a priority for the Fair Work Ombudsman.
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