Party supplies company in court
26 February 2024
The Fair Work Ombudsman discontinued these proceedings in February 2024.
The Fair Work Ombudsman has commenced legal action against a party supplies company in western Sydney and its sole director.
Facing the Federal Circuit and Family Court are Celebrating Pty Ltd, which is based in Rydalmere, and the company’s owner and sole director, Badawe Abboud.
The regulator investigated after receiving a request for assistance from a worker Celebrating Pty Ltd employed as a retail worker at the business between February and August, 2022.
The worker was aged 24 at the time.
A Fair Work Inspector issued a Compliance Notice to the company in November 2022 after forming a belief the worker had been underpaid overtime entitlements under the General Retail Industry Award 2020 and annual leave entitlements under the Fair Work Act’s National Employment Standards.
The Fair Work Ombudsman alleges Celebrating Pty Ltd, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements.
It is alleged Mr Abboud was involved in the contravention.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.
“Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties in addition to back-paying workers,” Ms Booth said.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
The FWO is seeking penalties in court for the alleged failure to comply with the Compliance Notice.
Celebrating Pty Ltd faces a penalty of up to $33,300 and Mr Abboud faces a penalty of up to $6,660.
The regulator is also seeking orders for the company to rectify the alleged underpayment in full, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 2 February 2024.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace. An interpreter service is available on 13 14 50.
The FWO provides a free online course to help employers understand what a Compliance Notice is and how to respond if they get one. The Compliance Notice course, among a suite of free interactive courses on offer for employers, managers and employees, is available in our online learning centre.
Small businesses can find targeted resources at the Small Business Showcase.
