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FWOFair Work Ombudsman · 6 February 2024

Fair Work Ombudsman

Citation: FWO-2024-02-07-precise-fencing-penalty-media-release

At a glance

Respondent
Precise Fencing and Landscaping Pty Ltd
Penalty
$18,000
Employees affected
1

What happened

Precise Fencing and Landscaping Pty Ltd, a Sydney landscaping company, and its sole director, Kurt John Dean, have been penalised by the Federal Circuit and Family Court. This followed a failure to comply with a Compliance Notice issued by the Fair Work Ombudsman. The notice concerned unpaid entitlements to a landscape gardener employed full-time between July 2021 and March 2022. The worker had requested assistance regarding their pay.

What was decided

The Court imposed a penalty of $15,000 on Precise Fencing and Landscaping Pty Ltd and $3,000 on Kurt John Dean. The company was also ordered to back-pay the worker all outstanding entitlements plus interest. The Fair Work Ombudsman emphasised that failing to act on Compliance Notices can result in penalties and back-pay orders. The investigation began after a worker sought assistance.

What it means for employers

Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can lead to significant financial penalties and back-pay obligations. Directors can also be held personally accountable.

What it means for employees

Employees who have concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Ombudsman provides resources and support for both employers and employees.

underpaymentgeneral-protectionspenalty-ratesmodern-award-variation

Every statement above is drawn from the published decision. Read the original here:

https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/february-2024/20240207-precise-fencing-penalty-media-release

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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 →

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