Fair Work Ombudsman
Citation: FWO-2024-09-02-clark-projects-litigation-media-release
At a glance
- Penalty
- $4,583
- Employees affected
- 1
What happened
The Fair Work Ombudsman has commenced legal action against Clark Projects Pty Ltd, a Western Sydney construction business based in Earlwood. The company builds demountable and portable buildings. The investigation began after a former casual labourer requested assistance, alleging underpayment in August and September 2022. A Fair Work Inspector issued a Compliance Notice in June 2023, believing the employee was underpaid and not paid for overtime. The company allegedly failed to comply with the notice.
What was decided
The Fair Work Ombudsman is taking Clark Projects Pty Ltd to court for failing to comply with a Compliance Notice. The notice required the company to calculate and backpay entitlements to a former employee. The FWO alleges the amount owed was $4,583 plus superannuation. The company faces a potential penalty of up to $46,950 and an order to pay the outstanding amount to the employee, plus superannuation. A hearing is scheduled for September 13, 2024.
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 backpay employee entitlements. Employers should review their payroll practices and seek assistance if unsure about their obligations.
What it means for employees
Employees who believe they have been underpaid or not paid for work should contact the Fair Work Ombudsman for free assistance. Anonymous reports can also be made online. The Fair Work Ombudsman provides resources and courses to help employers and employees understand workplace rights and obligations.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/september-2024/20240902-clark-projects-litigation-media-releaseWant more cases like this?
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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 →