Fair Work Ombudsman
Citation: FWO-2023-10-31-nb-visionary-penalty-media-release
At a glance
- Respondent
- NB Visionary Trading Pty Ltd
- Penalty
- $26,640
- Employees affected
- 2
What happened
NB Visionary Trading Pty Ltd, a commercial carpentry company based in Mornington, Victoria, failed to comply with a Fair Work Ombudsman Compliance Notice. The notice required the company to calculate and back-pay entitlements to two workers employed between May and December 2020. One worker was a carpenter and the other a 20-year-old carpenter apprentice. The Fair Work Ombudsman investigated after receiving a request for assistance from the workers.
What was decided
The Federal Circuit and Family Court imposed a $26,640 penalty against NB Visionary Trading. The court found the company's failure to comply with the Compliance Notice was 'deliberate' and showed 'no signs of remorse'. The company was also ordered to back-pay the workers, including superannuation and interest. Judge Riley emphasized that employers cannot ignore Compliance Notices. The Fair Work Ombudsman encourages employers and employees to seek free advice and assistance.
What it means for employers
Employers must comply with Fair Work Ombudsman Compliance Notices. Failure to do so can result in significant penalties and the obligation to back-pay entitlements. Taking action to protect vulnerable workers, such as young workers, is a priority for the FWO. Employers should review their payroll practices and ensure compliance with relevant awards and legislation.
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. Young workers and apprentices should be particularly vigilant in ensuring they are paid correctly.
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https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/october-2023/20231031-nb-visionary-penalty-media-releaseSend your details to Liquid Employment Lawyers
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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