Fair Work Ombudsman
Citation: FWO-2022-05-02-garry-bateman-penalties-media-release
At a glance
- Respondent
- Garry Bateman Plumbing Pty Ltd
- Penalty
- $29,970
- Employees affected
- 1
- Awards cited
- MA000123
What happened
Garry Bateman Plumbing Pty Ltd, a plumbing company in Wagga Wagga, NSW, and its sole director, Garry Bateman, have been penalized by the Federal Circuit and Family Court. This followed a failure to comply with a Compliance Notice regarding underpayment to a young apprentice plumber employed between January and July 2020. The apprentice was 18 to 19 years old during this time. A Fair Work Inspector issued the Compliance Notice in June 2021 after suspecting underpayment of minimum wages and annual leave entitlements.
What was decided
The court imposed a penalty of $24,975 on Garry Bateman Plumbing Pty Ltd and $4,995 on Garry Bateman. The company must now calculate and rectify the underpayment, including interest and superannuation, as outlined in the Compliance Notice. Judge Nicholas Manousaridis noted the penalties should serve as a deterrent to all employers who disregard Compliance Notices. The Fair Work Ombudsman secured the penalties after receiving a request for assistance from the affected worker.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant court-imposed penalties. This case highlights the importance of ensuring accurate wage calculations and compliance with relevant awards and entitlements for all employees, particularly apprentices.
What it means for employees
Employees who believe they have been underpaid or are not receiving their correct entitlements should contact the Fair Work Ombudsman for free advice and assistance. Interpreter services are available.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections