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FWOFair Work Ombudsman · 11 August 2024

Fair Work Ombudsman

Citation: FWO-2024-08-12-eagletech-litigation-media-release

At a glance

Respondent
Eagletech Engineering
Penalty
$3,756
Employees affected
1
Awards cited
MA000000

What happened

The Fair Work Ombudsman commenced legal action against the Respondent, the sole trader who owns and operates Eagletech Engineering in Orange, New South Wales. The business, which specialises in steam engine and rolling stock management and maintenance, was previously located in Lithgow. The investigation began after a worker, aged 21 to 25 during his employment, requested assistance. He was employed as a fitter and machinist at the Lithgow site between January 2019 and March 2023, initially as an apprentice and later as a qualified tradesperson. A Fair Work Inspector issued a Compliance Notice in August 2023 alleging unpaid wages and annual leave entitlements.

What was decided

The Federal Circuit and Family Court imposed a $3,756 penalty against the Respondent. He has back-paid the worker in full after the Fair Work Ombudsman commenced legal action. The Fair Work Ombudsman is seeking penalties in court for failing to comply with the Compliance Notice and an order for the Respondent to pay the alleged amount owing to the Applicant, plus superannuation and interest. A directions hearing is scheduled for August 12, 2024.

What it means for employers

Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in penalties and court orders to back-pay entitlements. Employers should be particularly aware of their obligations to young workers and apprentices.

What it means for employees

Employees who believe they have not been paid correctly or are owed entitlements should contact the Fair Work Ombudsman for free assistance. There are resources available online and via the Fair Work Infoline.

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underpaymentpenalty-ratesannual-leavegeneral-protectionsapprenticescomplianceyoung-workers

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

https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/august-2024/20240812-eagletech-litigation-media-release

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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 →

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