Fair Work Ombudsman
Citation: FWO-2023-01-24-teds-crane-penalty-media-release
At a glance
- Respondent
- Teds Crane Hire Pty Ltd
- Penalty
- $18,700
- Employees affected
- 1
- Awards cited
- MA000063
What happened
Teds Crane Hire Pty Ltd, a former crane hire company based in Gisborne, Victoria, has been penalized by the Federal Circuit and Family Court. The Fair Work Ombudsman investigated after a crane operator requested assistance. The company failed to comply with a Compliance Notice requiring it to calculate and back-pay entitlements to the worker, who was employed between April 2018 and August 2020. A Fair Work Inspector issued the Compliance Notice in March 2021.
What was decided
The Federal Circuit and Family Court imposed a penalty of $18,700 on Teds Crane Hire Pty Ltd for failing to comply with the Compliance Notice. The company must now calculate and back-pay the worker’s outstanding entitlements, including accrued annual leave and payment-in-lieu-of-notice. Judge Catherine Symons emphasized the need to deter other employers from ignoring Compliance Notices. The court noted the company’s silence and inaction aggravated the seriousness of the contravention.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Ignoring these notices can result in significant penalties and the obligation to back-pay entitlements. Proactive engagement with the FWO and timely action on Compliance Notices are crucial to avoid legal action.
What it means for employees
Employees who believe they have not received their correct pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Infoline is available for support and guidance.
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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