Former lighting business operator penalised
The Fair Work Ombudsman has secured a $5,100 penalty in court against the former operator of a lighting business in Sydney.
The Federal Circuit and Family Court has imposed the penalty against Sydney man Anthony Antoniades, who was the general manager of Anvisco Pty Ltd, which traded as ‘Go Lights’ and/or ‘Fosini Lighting’, before it ceased operating.
The penalty was imposed in response to Mr Antoniades’ involvement in failing to comply with Compliance Notices requiring back-payment of entitlements to a salesperson Anvisco employed at the lighting business between March 2017 and January 2020.
The Court has ordered that the penalty be paid to the worker to partially rectify the underpayment, which remains outstanding.
Fair Work Ombudsman Sandra Parker said individuals involved in operating businesses that fail to act on Compliance Notices need to be aware they can face court-imposed penalties.
“When Compliance Notices are not followed, we are prepared to take legal action,” Ms Parker said.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The FWO commenced an investigation after receiving a request for assistance from the affected worker.
A Fair Work Inspector issued Compliance Notices to Anvisco Pty Ltd in November 2020 and March 2021 after forming a belief the worker had been underpaid minimum wage rates and was not paid accrued but untaken annual leave entitlements at the end of his employment.
The entitlements were owed under the General Retail Industry Award 2010 and the Fair Work Act’s National Employment Standards.
Judge Sophie Given found that “loss and hardship” flowed to the worker from the failure to pay him the entitlements owed.
Judge Given found that there was a need to deter others from failing to comply with Compliance Notices.
“There is utility in ensuring not only that Compliance Notices are taken seriously but that there is also a disincentive in failing to comply with them,” Judge Given said.
Anvisco Pty Ltd was placed into liquidation earlier this year, preventing the FWO from securing penalties against the company.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance. An interpreter service is available on 13 14 50. Small businesses can find targeted resources at the Small Business Showcase.
