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FWOFair Work Ombudsman · 3 July 2022

Fair Work Ombudsman

Citation: FWO-2022-07-04-westbridge-penalty-media-release

At a glance

Penalty
$33,000
Employees affected
1
Awards cited
MA000047

What happened

Westbridge Constructions (VIC) Pty Ltd, based in Glenburn, Victoria, failed to comply with a Compliance Notice regarding a carpentry apprentice employed from August 2018 to February 2020. The Fair Work Ombudsman investigated after the worker requested assistance. The Compliance Notice related to alleged underpayment of minimum wages, overtime rates, and annual leave entitlements. The worker was 19 years old when he started working for the company.

What was decided

The Federal Circuit and Family Court imposed a $14,320 penalty against Westbridge Constructions (VIC) Pty Ltd. The company must also pay the worker $18,858.78 in outstanding entitlements, plus interest and superannuation. Judge Catherine Symons found the worker was a vulnerable class and the amount owed was significant. The judge stated that complying with Compliance Notices avoids litigation.

What it means for employers

Employers must act on Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in court-imposed penalties and back-payment of entitlements. Taking action to protect vulnerable workers is a priority for the FWO.

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 FWO provides interpreters and resources for small businesses.

underpaymentpenalty-ratesannual-leavegeneral-protectionsmodern-award-variationcompliance

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

https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/july-2022/20220704-westbridge-penalty-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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