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FWOFair Work Ombudsman · 1 May 2022

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.

underpaymentpenalty-ratesapprenticeshipgeneral-protectionsmodern-award-variationcompliance-notice

Every statement above is drawn from the published decision. Read the original here:

https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/may-2022/20220502-garry-bateman-penalties-media-release

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This summary was drafted by AI 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 →

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