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FWOFair Work Ombudsman · 10 May 2022

Fair Work Ombudsman

Citation: FWO-2022-05-13-lec-penalty-media-release

At a glance

Respondent
L.E.C. Builders & Designers Pty Ltd
Penalty
$44,109
Employees affected
1
Awards cited
MA000047

What happened

L.E.C. Builders & Designers Pty Ltd, a building business based in Carrum Downs, and its sole director, the Respondent, have been penalised by the Federal Circuit and Family Court. The Fair Work Ombudsman investigated after a young construction worker sought assistance. The worker was employed between May 2019 and June 2020. A Compliance Notice was issued in December 2020, requiring the company to calculate and back-pay entitlements. The company failed to comply with the notice.

What was decided

The court imposed a $18,658 penalty on L.E.C. Builders & Designers and a $3,396 penalty on the Respondent. The company must also pay $22,054.50 in compensation to the worker, plus interest. The court stated that failing to comply with Compliance Notices is a serious matter and serves as a deterrent. The Fair Work Ombudsman emphasised the willingness to take legal action when notices are not followed.

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 penalties and compensation payments. Directors can also be held accountable for breaches.

What it means for employees

Employees who believe they have been underpaid or are unsure about their entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Infoline is available for support.

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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-2022/20220513-lec-penalty-media-release

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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

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