Feb 14th, 2022
A sole trader from Melbourne is currently the subject of legal action from the Fair Work Ombudsman (FWO).
The FWO began their investigation after a casual employee, who had performed work for the sole trader as a graphic designer for the communications agency, requested assistance. The FWO, upon investigating, formed the belief that not been paid any wages for her work.
As a graphic designer, the worker was entitled to the minimum pay rates and entitlements for a casual employee under the Graphic Arts, Printing and Publishing Award 2010, and the Graphic Arts Printing and Publishing Award 2020.
The sole trader also failed to respond to the Compliance Notice issued by the FWO, for which the FWO alleges there was no reasonable excuse. This Compliance Notice required them to calculate and back-pay the casual employee’s outstanding minimum pay entitlements.
The sole trader faces a maximum penalty of up to $6,600 for failing to comply with the notice, and the FWO are also seeking a court order for the sole trader to comply with the notice. This will include superannuation contribution obligations and interest.
The casual employee also a visa holder, and it does well to remember that visa holders are often particularly vulnerable to underpayment. As such, the FWO is particularly fervent with investigating alleged underpayment of visa holders.
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