Fair Work Ombudsman
Citation: FWO-2023-12-04-sullivan-litigation-media-release
At a glance
- Respondent
- T for Tiling
- Penalty
- $6,660
- Employees affected
- 1
- Awards cited
- MA000123
What happened
The Fair Work Ombudsman has taken legal action against the Respondent, the former operator of T for Tiling, a business on the Central Coast of New South Wales. A worker employed as a casual tiling labourer between April 2020 and July 2021 raised concerns about underpayment. A Fair Work Inspector issued a Compliance Notice in July 2022, alleging the Respondent paid a flat hourly rate of $20, which was below minimum wage, casual loading, overtime, and Sunday penalty rates. The Respondent allegedly failed to comply with the notice and also breached pay slip laws.
What was decided
The Fair Work Ombudsman is seeking penalties against the Respondent for failing to comply with the Compliance Notice and for alleged pay slip breaches. He faces potential penalties of up to $6,660 for the Compliance Notice breach and $13,320 for the pay slip breach. The FWO also seeks a court order requiring him to rectify the alleged underpayments, including superannuation and interest. A directions hearing is scheduled for February 6, 2024, in the Federal Circuit and Family Court.
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. Businesses in the building and construction sector should review their pay practices to ensure compliance with relevant awards and legislation.
What it means for employees
Employees who believe they are not receiving their correct pay or entitlements should contact the Fair Work Ombudsman for assistance. Free advice and resources are available through the Fair Work Infoline and website.
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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 →