Fair Work Ombudsman
Citation: FWO-2024-02-07-clear-plumbing-services-litigation-media-release
At a glance
- Respondent
- Clear Plumbing Services Pty Ltd
- Penalty
- $46,950
- Employees affected
- 1
- Awards cited
- MA000233
What happened
The Fair Work Ombudsman has commenced legal action against Clear Plumbing Services Pty Ltd, located in Gippsland, Victoria, and its sole director, the Respondent. The action follows a request for assistance from the Applicant who was employed by the company from April 2021 to April 2022, when they were aged 17 to 18. A Fair Work Inspector issued a Compliance Notice in August 2023, alleging underpayment of minimum wages under the Plumbing and Fire Sprinklers Award 2020. The company allegedly failed to comply with the notice, and the Respondent is alleged to have been involved. The Applicant was initially employed on a weekly hire basis before commencing a plumbing apprenticeship.
What was decided
The Fair Work Ombudsman is seeking penalties against Clear Plumbing Services Pty Ltd and the Respondent for failing to comply with a Compliance Notice. Clear Plumbing Services faces a potential penalty of up to $46,950, and the Respondent faces a potential penalty of up to $9,390. The FWO also seeks a court order requiring the company to calculate and rectify any underpayments, plus interest and superannuation. A hearing is scheduled for 19 July 2024 in the Federal Circuit and Family Court in Melbourne. The Fair Work Ombudsman emphasises enforcement of workplace laws and action against non-compliance.
What it means for employers
Employers, particularly small businesses, must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties. Employers should be aware of their obligations regarding minimum wages and entitlements, especially for young workers. The Fair Work Ombudsman provides free online courses to help employers understand Compliance Notices.
What it means for employees
Employees, especially young workers, should seek assistance from the Fair Work Ombudsman if they have concerns about their pay or entitlements. Free advice and assistance 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 →