Fair Work Ombudsman
Citation: FWO-2022-10-24-tipene-penalty-media-release
At a glance
- Respondent
- The brothers metal roofing
- Penalty
- $12,000
- Employees affected
- 2
- Awards cited
- MA000123
What happened
The Fair Work Ombudsman investigated a roofing business, 'The brothers metal roofing', operated by the Respondent in Sydney. Two workers, a roof plumber and a casual labourer, were employed between March and August 2021. A Fair Work Inspector believed the workers were underpaid minimum wages, allowances, annual leave, casual minimum hourly rates, and penalty rates under the Plumbing and Fire Sprinklers Award 2020 and the National Employment Standards. A Compliance Notice was issued in October 2021, which the Respondent failed to follow.
What was decided
The Federal Circuit and Family Court imposed a penalty of $6,300 against the Respondent. He was also ordered to back-pay the workers a total of $6,666, plus superannuation and interest. The Fair Work Ombudsman emphasised that failing to comply with Compliance Notices can result in court-imposed penalties and back-payment obligations. The investigation began after requests for assistance from the affected workers.
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 penalties and back-payment obligations. Businesses should ensure they understand their obligations under relevant awards and the National Employment Standards.
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. 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 →