Fair Work Ombudsman
Citation: FWO-2022-12-22-incode-engineers-litigation-media-release
At a glance
- Penalty
- $33,300
- Employees affected
- 2
What happened
The Fair Work Ombudsman commenced legal action against Incode Engineers Pty Ltd, a structural engineering company based in Fortitude Valley, Brisbane, and its director, Thomas Marxson. The action followed requests for assistance from two former employees: a full-time engineer and a part-time administration officer, who worked between May and August 2021. A Fair Work Inspector issued a Compliance Notice in December 2021, alleging underpayment of wages, annual leave, and payment-in-lieu-of-notice. The company and director allegedly failed to comply with the notice.
What was decided
The Fair Work Ombudsman is seeking penalties against Incode Engineers Pty Ltd and Thomas Marxson for failing to comply with the Compliance Notice. Incode Engineers faces a penalty of up to $33,300, and Mr Marxson faces a penalty of up to $6,660. The FWO also seeks an order for Incode Engineers to rectify the alleged underpayment to the engineer, including interest and superannuation. The administration officer has been fully back-paid, but entitlements remain owing to the engineer. A directions hearing is scheduled for January 2023.
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. Employers should ensure they are meeting their obligations regarding wages, annual leave, and payment-in-lieu-of-notice under relevant awards and the National Employment Standards.
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. The Fair Work Ombudsman provides information and support to help employees understand their rights and obligations.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/december-2022/20221222-incode-engineers-litigation-media-releaseWant more cases like this?
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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 →