Fair Work Ombudsman not paid record $41,182.50 fine as Melbourne gym is put into liquidation

A melbourne-based gym that was ordered to pay a record $41,182.50 fine in the Federal Circuit Court has collapsed into liquidation and the Fair Work Ombudsman has not received the court-imposed penalty.

On January 17, 2013, Fair Work Commissioner Tim Lee ruled World Gym Sunshine had 14 days to pay $2200 compensation plus interest to a then 23-year-old receptionist, Samaka Sophia Ndege. However, the business chose to ignore several notices from the Fair Work Ombudsman ordering it to comply.

In August last year, the company and its former sole director and part-owner, Wayne George Mailing, faced legal action in the Federal Circuit Court.

In a landmark decision in September, the Federal Circuit Court ordered World Gym Sunshine to pay a $41,182.50 fine, while Mailing was ordered to pay a further $6426 in penalties.

However, SmartCompany understands Mailing sold the assets of World Gym Sunshine, including a gym that continues to trade under that name, in August 2013, with new owners unconnected to Mailing now operating the gym.

With no remaining assets, JP Downey & Co was appointed as liquidator of the company on November 28, 2014, with a first meeting of creditors held on December 16. A final creditors meeting to receive an…

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