Fair Work Ombudsman
Citation: FWO-2022-10-04-regional-landscape-construction-litigation-media-release
At a glance
- Respondent
- Regional Landscape Construction Pty Ltd
- Penalty
- $3,133
- Employees affected
- 1
What happened
The Fair Work Ombudsman commenced legal action against Regional Landscape Construction Pty Ltd, a landscaping company in New South Wales, and its director, Bradley Mark Hallam. The action followed a request for assistance from the Applicant who was employed as an apprentice landscaper from March 2019 to December 2020. A Fair Work Inspector issued a Compliance Notice in March 2022 regarding unpaid annual leave entitlements. The company and its director allegedly failed to comply with the notice, resulting in an alleged underpayment of $3,133.
What was decided
The Federal Circuit and Family Court declared that the Respondent breached the Fair Work Act. He back-paid the Applicant in full after the Fair Work Ombudsman commenced legal action. The Fair Work Ombudsman is seeking penalties against Regional Landscape Construction Pty Ltd (up to $33,300) and the Respondent (up to $6,660) for failing to comply with the Compliance Notice. The court is also seeking an order for the company to rectify the alleged underpayment, including interest.
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 court orders to back-pay entitlements plus interest. Small businesses should seek advice if unsure about their obligations.
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 assistance. Interpreter services are available.
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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 →