Fair Work Ombudsman
Citation: FWO-2023-11-01-rockhammer-penalty-media-release
At a glance
- Respondent
- Rockhammer Earthmoving Pty Ltd
- Penalty
- $34,128
- Employees affected
- 1
- Awards cited
- MA000037
What happened
Rockhammer Earthmoving Pty Ltd, an earthmoving and quarry supply company based in Woolloongabba, Brisbane, failed to comply with a Fair Work Ombudsman Compliance Notice. The company employed a construction worker between August 2017 and April 2020. Following a request for assistance from the worker, a Fair Work Inspector issued a Compliance Notice in May 2021. The company did not act on the notice.
What was decided
The Federal Circuit and Family Court imposed an $8,991 penalty on Rockhammer Earthmoving Pty Ltd. The court also ordered the company to back-pay the worker $25,137 in underpaid wages, casual loading, and overtime rates. The company has complied with the court order. Fair Work Ombudsman Anna Booth stated that failing to act on Compliance Notices can result in penalties and back-pay orders.
What it means for employers
Employers must comply with Fair Work Ombudsman Compliance Notices. Failure to do so can result in significant penalties and back-payment of entitlements. The building and construction sector is a priority for the Fair Work Ombudsman, so employers in this industry should ensure they are meeting their obligations.
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. Sector-specific workplace information is available for building and construction industry workers.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/november-2023/20231101-rockhammer-penalty-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 →