Fair Work Ombudsman
Citation: FWO-2022-05-06-drillchan-penalty-media-release
At a glance
- Respondent
- Drillchan Pty Ltd
- Penalty
- $14,200
- Employees affected
- 1
- Awards cited
- MA000047
What happened
The Fair Work Ombudsman investigated Drillchan Pty Ltd, a fence construction business in Goondiwindi, Queensland, after a Dutch worker sought assistance. The worker, employed as a casual construction worker between April and July 2020, alleged underpayment of wages. A Fair Work Inspector issued a Compliance Notice in November 2020, but the company failed to comply. Stephen John Warburton, the company’s sole director, was also involved.
What was decided
The Federal Circuit and Family Court imposed penalties of $12,000 against Drillchan Pty Ltd and $2,200 against Stephen John Warburton. The court ordered Drillchan to rectify the $8998.75 underpayment, including superannuation, as outlined in the Compliance Notice. Fair Work Ombudsman Sandra Parker stated that failing to act on Compliance Notices can result in court-imposed penalties. The worker was underpaid minimum casual wage, casual loading, overtime rates, and weekend and public holiday penalty rates.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can lead to significant court-imposed penalties and the obligation to back-pay entitlements. Directors can be held personally accountable for breaches.
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. This applies particularly to visa holder workers.
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-2022/20220506-drillchan-penalty-media-releaseWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The full dataset, with structured fields for awards cited, industry, penalty amounts and affected employee counts, is available through the Business API. FairWork Mate AI answers plain-English questions grounded on the full corpus.
Individual case summaries on this site are free. API + AI access is a paid product. Contact us for pricing or a 50% off first month.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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 →