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FWOFair Work Ombudsman · 1 September 2024

Fair Work Ombudsman

Citation: FWO-2024-09-02-kassiou-constructions-litigation-media-release

At a glance

Respondent
Kassiou Constructions Pty Ltd
Penalty
$46,950
Employees affected
1

What happened

The Fair Work Ombudsman has commenced legal action against Kassiou Constructions Pty Ltd, a Darwin-based residential building and construction company, and its director, the Respondent. The action follows a request for assistance from a worker who was employed as a full-time skilled labourer from 2012 to 2021. A Fair Work Inspector issued a Compliance Notice in September 2023, alleging the company failed to pay accrued but untaken annual leave entitlements. The company allegedly did not comply with the notice, and the Ombudsman is now taking the matter to court.

What was decided

The Fair Work Ombudsman is seeking penalties against Kassiou Constructions Pty Ltd and the Respondent for failing to comply with a Compliance Notice. The company faces a penalty of up to $46,950, and the Respondent faces a penalty of up to $9,390. The court is also expected to order the company to calculate and rectify any underpayments, plus interest. A directions hearing is scheduled for October 17, 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 back-pay entitlements. Employers should review their payroll practices and ensure compliance with workplace laws.

What it means for employees

Employees who believe they have not received their correct entitlements should contact the Fair Work Ombudsman for free assistance. Information and resources are available on the Fair Work Ombudsman’s website and through the Infoline.

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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-kassiou-constructions-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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