Fair Work Ombudsman
Citation: FWO-2023-08-18-precise-fencing-litigation-media-release
At a glance
- Respondent
- Precise Fencing and Landscaping Pty Ltd
- Penalty
- $33,300
- Employees affected
- 1
What happened
The Fair Work Ombudsman has taken legal action against Precise Fencing and Landscaping Pty Ltd, a Sydney landscaping company, and its sole director, the Respondent. The action follows a request for assistance from a landscape gardener who was employed full-time from July 2021 to March 2022. A Fair Work Inspector issued a Compliance Notice in May 2022 regarding unpaid annual leave entitlements. The company allegedly failed to comply with the notice.
What was decided
The Fair Work Ombudsman is seeking penalties against Precise Fencing and Landscaping Pty Ltd and the Respondent for failing to comply with the Compliance Notice. The company faces a penalty of up to $33,300, and the Respondent faces a penalty of up to $6,660. The FWO also seeks a court order for the company to rectify the alleged underpayments, including interest. A directions hearing is scheduled for September 8, 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. Businesses should ensure they understand and meet their obligations regarding employee entitlements.
What it means for employees
Employees who believe they have not received correct pay or entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman provides information and support to help employees understand their workplace rights.
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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 →