Fair Work Ombudsman
At a glance
- Xteria Designs
- $6,660
- 1
- MA000123
What happened
The Fair Work Ombudsman has commenced legal action against the Respondent, who operated Xteria Designs, a residential building and construction services business in Leppington, NSW. A young, 15-year-old worker was employed on a casual basis between November 2021 and January 2022. A Fair Work Inspector issued a Compliance Notice in August 2022 after believing the worker was owed entitlements under the Building and Construction General On-site Award 2020. It was alleged that the Respondent did not pay wages for the final two weeks of work, resulting in underpayment of casual minimum wage, casual loading, and industry allowances. He allegedly failed to comply with the Compliance Notice.
What was decided
The Fair Work Ombudsman is taking legal action against the Respondent for failing to comply with a Compliance Notice. The notice required him to calculate and back-pay the worker’s entitlements. The FWO is seeking a penalty and an order for the Respondent to pay amounts allegedly owing to the Applicant, plus superannuation and interest. A directions hearing is scheduled for June 28, 2024. The maximum penalty the Respondent faces is $6,660.
What it means for employers
Employers, particularly in the building and construction industry, must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties and orders to back-pay entitlements. Employers should ensure they understand their obligations regarding minimum wages, casual loading, and industry allowances, especially when employing young workers.
What it means for employees
Employees, especially young workers, should be aware of their workplace rights and entitlements. If they have concerns about their pay or entitlements, they should contact the Fair Work Ombudsman for free assistance. Interpreter services are available.
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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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