Fair Work Ombudsman
At a glance
- Quang Dung Dinh trading as a residential building and construction services business
- $4,662
- 1
- MA000047
What happened
Quang Dung Dinh, a sole trader operating a residential building and construction services business in Melbourne, failed to comply with a Compliance Notice. A worker employed as a full-time general labourer between January and February 2021, requested assistance from the Fair Work Ombudsman. An inspector believed the worker was underpaid minimum wage, overtime, and penalty rates for weekend and public holiday work, paying an hourly rate of $20.71 for some hours. The Fair Work Ombudsman commenced an investigation and issued a Compliance Notice in August 2021.
What was decided
The Federal Circuit and Family Court imposed a $4,662 penalty against Quang Dung Dinh. He was ordered to comply with the Compliance Notice, which includes calculating and rectifying the underpayments, plus superannuation and interest. Fair Work Ombudsman Sandra Parker stated that failing to act on Compliance Notices can result in court-imposed penalties. The Fair Work Ombudsman encourages employees with pay concerns to seek free advice and assistance.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in court-imposed penalties and the obligation to back-pay workers, including superannuation and interest. Ignoring Compliance Notices can lead to legal action.
What it means for employees
Employees who believe they have been underpaid or are concerned about their entitlements should contact the Fair Work Ombudsman for free advice and assistance. Interpreter services are available.
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