Fair Work Ombudsman
Citation: FWO-2023-02-14-nb-visionary-litigation-media-release
At a glance
- Respondent
- NB Visionary Trading Pty Ltd
- Penalty
- $33,300
- Employees affected
- 2
- Awards cited
- MA000137
What happened
The Fair Work Ombudsman has taken legal action against NB Visionary Trading Pty Ltd, a commercial carpentry company based in Mornington, Victoria. The company was investigated after two workers, a carpenter and a carpenter apprentice, contacted the Fair Work Ombudsman for assistance. One worker was employed from May to December 2020 on a daily hire basis, and the other, a 20-year-old apprentice, was employed on a weekly hire basis. A Fair Work Inspector issued a Compliance Notice in November 2021, believing the workers were not paid accrued annual leave and the apprentice was underpaid wages, overtime, and public holiday pay.
What was decided
The Fair Work Ombudsman alleges NB Visionary Trading failed to comply with the Compliance Notice, which required the company to calculate and back-pay the workers' entitlements. The company faces a penalty of up to $33,300 and an order to rectify the alleged underpayments, including interest and superannuation. A directions hearing is scheduled for March 7, 2023, in the Federal Circuit and Family Court. The Fair Work Ombudsman emphasises enforcement of workplace laws and taking businesses to court for non-compliance.
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. Businesses should ensure they are accurately calculating and paying all employee entitlements, including annual leave and overtime.
What it means for employees
Employees who have concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman provides resources and support for both employees and small businesses to understand their workplace 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 →