Fair Work Ombudsman
Citation: FWO-2022-10-25-mcivor-penalty-media-release
At a glance
- Respondent
- Mack Engineering & Site Services
- Penalty
- $5,000
- Employees affected
- 1
- Awards cited
- MA000063
What happened
the Applicant, who operates Mack Engineering & Site Services in Logan Village, Queensland, failed to comply with a Compliance Notice. The notice required him to calculate and back-pay entitlements to a welder/labourer he employed on a casual basis for about two weeks in January 2021. The Fair Work Ombudsman investigated after a worker requested assistance. The Compliance Notice was issued after a Fair Work inspector believed the worker was underpaid casual minimum wages, overtime rates, and public holiday penalties.
What was decided
The Federal Circuit and Family Court imposed a $5,000 penalty against the Respondent. He was also ordered to back-pay the worker, including superannuation and interest. Judge Salvatore Vasta emphasised the importance of complying with Compliance Notices, stating it was a 'blatant refusal' and that the deterrence factor loomed large. The Fair Work Ombudsman stressed that failing to act on Compliance Notices can lead to court-imposed penalties.
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 the obligation to back-pay entitlements. The court highlighted the importance of compliance, even for seemingly small amounts owed to employees.
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. The Fair Work Infoline and website provide resources for employees to understand their rights and obligations.
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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 →