Fair Work Ombudsman
At a glance
- Incode Engineers Pty Ltd
- $18,500
- 2
What happened
Incode Engineers Pty Ltd, a structural engineering company based in Fortitude Valley, Brisbane, and its director, Thomas Marxson, 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 related to underpayments to two employees: a full-time engineer and a part-time administration officer, between May and August 2021. One worker received partial back-payment before proceedings, but the other’s underpayments remained outstanding until legal action commenced. The Fair Work Ombudsman investigated after receiving requests for assistance from the workers.
What was decided
The Federal Circuit and Family Court imposed a penalty of $16,500 against Incode Engineers Pty Ltd and $2,000 against Thomas Marxson. The penalties were for failing to comply with the Compliance Notice. The Fair Work Ombudsman emphasised that businesses ignoring Compliance Notices face penalties and back-pay orders. The court’s decision highlights the importance of responding to Compliance Notices and ensuring employees receive correct pay and entitlements.
What it means for employers
Employers must act promptly and appropriately when issued with a Compliance Notice from the Fair Work Ombudsman. Failure to do so can result in significant financial penalties and orders to back-pay employees. Understanding obligations under awards and the National Employment Standards is crucial.
What it means for employees
Employees who believe they have been underpaid or are not receiving correct entitlements should contact the Fair Work Ombudsman for free advice and assistance. Early intervention can prevent further issues and ensure proper compensation.
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