Fair Work Ombudsman
Citation: FWO-2023-01-30-oaka-litigation-media-release
At a glance
- Penalty
- $33,300
- Employees affected
- 1
- Awards cited
- MA000127
What happened
The Fair Work Ombudsman has commenced legal action against Oaka Constructions Qld Pty Ltd, a civil engineering company based in Gladstone, Queensland. The investigation began after a carpenter, employed from 2010 to 2021, requested assistance. A Fair Work Inspector issued a Compliance Notice in July 2022 regarding alleged underpayment of redundancy entitlements under the Building and Construction General On-site Award 2020. The company allegedly failed to comply with the notice, which required calculation and back-payment of the worker's entitlements.
What was decided
The Fair Work Ombudsman is taking Oaka Constructions Qld Pty Ltd to court for failing to comply with a Compliance Notice regarding underpayment of redundancy entitlements. The company faces a potential penalty of up to $33,300. The court is also expected to order the company to rectify the alleged underpayment, including interest and superannuation. A directions hearing is scheduled for February 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 and orders to back-pay entitlements, plus interest and superannuation. Employers 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.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/january-2023/20230130-oaka-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 →