Fair Work Ombudsman
At a glance
- BSW Electrical Services Pty Ltd
- $14,000
- 1
What happened
The Fair Work Ombudsman has commenced legal action against BSW Electrical Services Pty Ltd, an electrical contracting company operating in the Mornington Peninsula region of Melbourne. The company is accused of failing to pay a worker their accrued annual leave entitlements when their employment ended in March 2022. The worker was initially employed as an apprentice electrician from June 2015 and became a qualified electrician in 2021. A Compliance Notice was issued in March 2023, but the company allegedly did not comply, resulting in a back-payment delay of almost a year. The worker was allegedly owed more than $14,000.
What was decided
The Fair Work Ombudsman is taking BSW Electrical Services to court for failing to comply with a Compliance Notice regarding unpaid annual leave entitlements. The company faces a potential penalty of up to $41,250. A hearing is scheduled for July 9, 2024, in the Federal Circuit and Family Court. The Fair Work Ombudsman emphasises the importance of complying with workplace laws and will take action against businesses that do not. The worker was not fully back-paid until earlier this month.
What it means for employers
Employers must ensure they comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties. Employers should review their payroll processes to ensure accurate calculation and timely payment of employee entitlements, particularly annual leave.
What it means for employees
Employees who believe they have not received their correct pay or entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman offers resources and advice to help employees understand their rights.
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Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. FairWork Mate may receive a referral fee from Liquid Legal. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.
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