The Fair Work Ombudsman has commenced legal
action in the Federal Circuit Court against the former operator of the Big Buoy
Waterpark at the Darwin Waterfront
precinct.
Facing Court is D-Town Events Pty Ltd trading
as Big Buoy Waterpark, and one of its directors, Jarrod Berrington.
The Fair Work Ombudsman investigated after an
employee, a water park operator, lodged a request for assistance.
The Fair Work Ombudsman has commenced legal
action in the Federal Circuit Court against the former operator of the Big Buoy
Waterpark at the Darwin Waterfront
precinct.
Facing Court is D-Town Events Pty Ltd trading
as Big Buoy Waterpark, and one of its directors, Jarrod Berrington.
The Fair Work Ombudsman investigated after an
employee, a water park operator, lodged a request for assistance.
A Fair Work inspector issued a Compliance
Notice in December 2019 after forming a belief the company underpaid the
employee between May 2017 and June 2019. The inspector believes the employee
was underpaid minimum casual wages, Sunday and public holiday penalties,
overtime and first aid allowance owed under the Amusement, Events and Recreation Award 2010.
The regulator alleges that the
company, without reasonable excuse, failed to comply with the Compliance Notice. The notice required the employer to calculate and
back-pay the worker’s entitlements. The business ceased operating earlier this
year.
Fair Work Ombudsman Sandra Parker said that
the regulator would continue to enforce workplace laws in a proportionate manner
during the COVID-19 pandemic, and that includes taking businesses to court
where lawful requests are not complied with.
“Under the Fair Work Act, Compliance Notices
are important tools used by inspectors if they form a belief that an employer
has breached workplace laws.”
“Where employers do not comply with FWO
notices, we will take appropriate action to protect employees. A court can
order the business to pay penalties in addition to back-paying workers,” Ms
Parker said.
“Any employees with concerns about their pay
or entitlements should contact the Fair Work Ombudsman for free assistance.”
The regulator is seeking penalties against
D-Town Events and Mr Berrington. It also seeks orders for the company to comply
with the Compliance Notice, which includes rectifying the underpayments in
full, plus superannuation and interest.
D-Town Events is facing a maximum penalty of
$31,500, while Mr Berrington is facing a maximum penalty of $6,300.
A directions hearing is listed in the Federal
Circuit Court in Darwin on 4 September 2020.
A Fair Work inspector issued a Compliance
Notice in December 2019 after forming a belief the company underpaid the
employee between May 2017 and June 2019. The inspector believes the employee
was underpaid minimum casual wages, Sunday and public holiday penalties,
overtime and first aid allowance owed under the Amusement, Events and Recreation Award 2010.
The regulator alleges that the
company, without reasonable excuse, failed to comply with the Compliance Notice. The notice required the employer to calculate and
back-pay the worker’s entitlements. The business ceased operating earlier this
year.
Fair Work Ombudsman Sandra Parker said that
the regulator would continue to enforce workplace laws in a proportionate manner
during the COVID-19 pandemic, and that includes taking businesses to court
where lawful requests are not complied with.
“Under the Fair Work Act, Compliance Notices
are important tools used by inspectors if they form a belief that an employer
has breached workplace laws.”
“Where employers do not comply with FWO
notices, we will take appropriate action to protect employees. A court can
order the business to pay penalties in addition to back-paying workers,” Ms
Parker said.
“Any employees with concerns about their pay
or entitlements should contact the Fair Work Ombudsman for free assistance.”
The regulator is seeking penalties against
D-Town Events and Mr Berrington. It also seeks orders for the company to comply
with the Compliance Notice, which includes rectifying the underpayments in
full, plus superannuation and interest.
D-Town Events is facing a maximum penalty of
$31,500, while Mr Berrington is facing a maximum penalty of $6,300.
A directions hearing is listed in the Federal
Circuit Court in Darwin on 4 September 2020.
