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.
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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 →