Fair Work Ombudsman penalises former operators of Big Buoy Waterpark

Former operators of the Big Buoy Waterpark - an inflatable obstacle course at the Darwin Waterfront precinct - have been penalised $30,240 by the Fair Work Ombudsman.

The Federal Circuit Court has imposed a $25,200 penalty against D-Town Events Pty Ltd, which formerly traded as Big Buoy Waterpark, and a $5,040 penalty against one of the company’s directors, Jarrod Berrington.

The penalties were imposed in response to D-Town Events Pty Ltd breaching the Fair Work Act by failing to comply with a Compliance Notice requiring the company to back-pay a worker. Berrington was involved in the breach.

The Court has also ordered the company to comply with the Compliance Notice, which requires it to calculate and back-pay the worker’s outstanding entitlements, and to pay superannuation and interest.

The affected worker was employed on a casual basis at Big Buoy Waterpark between May 2017 to June 2019.

The regulator commenced its investigation after the worker lodged a request for assistance.

A Fair Work Inspector issued a Compliance Notice to D-Town Events in December 2019 after forming a belief the company had underpaid the worker’s minimum casual wages, Sunday and public holiday penalty rates, overtime and first aid allowance under the Amusement, Events and Recreation Award 2010.

Fair Work Ombudsman Sandra Parker said business operators that fail to act on Compliance Notices need to be aware they can face court-imposed penalties on top of being ordered to back-pay workers.

Parker advised “when Compliance Notices are not followed, we are prepared to take legal action to ensure workers receive their lawful entitlements.

“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”

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. A free interpreter service is available on 13 14 50.

Big Buoy Water Park is the NT's very own floating water playground! An inflatable obstacle course challenge located in Darwin's safe swimming area at the Darwin Waterfront Recreational Lagoon

Image top:  Big Buoy Water Park in operation 2018; image above Big Buoy Water Park in operation 2017. Courtesy facebook.com/bigbuoywaterpark