The Fair Work Ombudsman has secured a total of $16,200 in penalties in court against the operators of a hotel in regional Western Australia.
The Federal Circuit and Family Court has imposed a $15,000 penalty against Beadon Bay Resort Pty Ltd, which is based at Onslow in north-west WA, and $1,200 penalty against company director Emanuel Dillon.
The penalties were imposed in response to Beadon Bay Resort Pty Ltd failing to comply with a Compliance Notice requiring it to calculate and back-pay entitlements to 13 employees it employed between May and December 2019. Mr Dillon was involved in the contravention.
Eight of the workers were working-holiday-visa holders from the UK and Europe.
The company back-paid the workers only after the Fair Work Ombudsman commenced legal action.
Fair Work Ombudsman Sandra Parker said business operators that fail to act on Compliance Notices need to be aware they can face penalties in court on top of having to back-pay workers.
“When Compliance Notices are not followed, we are prepared to take legal action to ensure workers receive their lawful entitlements,” Ms Parker said.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The FWO investigated after receiving requests for assistance from the affected workers.
A Fair Work Inspector issued a Compliance Notice to Beadon Bay Resort Pty Ltd in May 2020 after forming a belief the company had underpaid the workers’ entitlements under the Hospitality Industry (General) Award 2010, including casual loading, casual minimum payments, weekend and public holiday penalty rates, overtime rates and late-night rates.
The inspector also formed a belief that one worker was not paid his accrued annual leave entitlements on termination of employment, owed under the Fair Work Act’s ³Ô¹ÏÍøÕ¾ Employment Standards.
