Former auction house operator facing court for alleged underpayments

The former operator of an auction house in regional NSW is facing court after allegedly underpaying a part-time worker.

Editor’s note: This story first appeared on HR Leader’s sister brand, REB.

The Fair Work Ombudsman has launched legal action against the former operator of an auction house in NSW’s Lake Macquarie region after an ex-employee came forward. Roberta O’Leary, who owned and operated a business trading as Treasure Island Auctions, at Rathmines, is currently facing court following a Fair Work investigation.

The regulator launched the probe after receiving a request for assistance from a worker employed by O’Leary on a part-time basis between March 2021 and September 2022.

The worker was responsible for tasks including photographing, researching, and listing the items on the business’s database.

In April 2023, an inspector from Fair Work issued a compliance notice to O’Leary on the belief that she had underpaid the worker’s minimum wages for ordinary hours, as well as untaken annual leave entitlements at the end of employment.

The entitlements were owed under the General Retail Industry Award 2020 and the Fair Work Act’s National Employment Standards.

Fair Work’s compliance notice required O’Leary to calculate and backpay the entitlements, but the regulator alleged that she failed to comply without reasonable excuse.

It is alleged that the amount the compliance notice required O’Leary to pay back is $5,422.

The regulator is seeking a penalty in court for the alleged failure to comply with the compliance notice, with O’Leary facing a penalty of up to $8,250.

The Fair Work Ombudsman is also seeking an order for O’Leary to pay the amount allegedly owing to the worker, plus superannuation and interest.

A hearing is scheduled for the Federal Circuit and Family Court in Sydney on 11 August 2025.

Fair Work Ombudsman Anna Booth said the regulator would continue to ensure workplace laws are abided by and employers are held responsible for not complying with lawful requests.

“Where employers do not comply, we will take appropriate action to protect employees. A court can order an employer to pay penalties and make payments to workers,” she said.

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