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FWOFair Work Ombudsman · 16 April 2023

Fair Work Ombudsman

Citation: FWO-2023-04-17-mac-worx-penalty-media-release

At a glance

Respondent
Mac-Worx Pty Ltd
Penalty
$25,000
Employees affected
2

What happened

Mac-Worx Pty Ltd, a Gold Coast construction company, faced legal action from the Fair Work Ombudsman. Two construction workers were underpaid wages and other entitlements. The Australian Building and Construction Commission initially issued Compliance Notices in March and August 2022, requiring back-payment of entitlements. The case transferred to the Fair Work Ombudsman in December 2022 after the company failed to comply.

What was decided

The Federal Circuit and Family Court imposed a $25,000 penalty against Mac-Worx Pty Ltd for failing to comply with Compliance Notices. The company was ordered to back-pay the workers’ outstanding entitlements, including interest. Fair Work Ombudsman Sandra Parker emphasized that businesses ignoring Compliance Notices face penalties and back-payment obligations. Employees with pay concerns should contact the Fair Work Ombudsman for assistance.

What it means for employers

Employers must comply with Compliance Notices issued by the Fair Work Ombudsman or the Australian Building and Construction Commission. Failure to do so can result in significant court-imposed penalties and back-payment obligations. Employers should ensure they are aware of their obligations under awards and the National Employment Standards.

What it means for employees

Employees who believe they have been underpaid or are not receiving their correct entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Infoline is available for support.

underpaymentpenalty-ratesgeneral-protectionsmodern-award-variation

Every statement above is drawn from the published decision. Read the original here:

https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/april-2023/20230417-mac-worx-penalty-media-release

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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 →

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