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FWOFair Work Ombudsman · 8 September 2024

Fair Work Ombudsman

Citation: FWO-2024-09-09-ecj-litigation-media-release

At a glance

Penalty
$19,693
Employees affected
1
Awards cited
MA000173

What happened

The Fair Work Ombudsman has commenced legal action against ECJ Group Pty Ltd, trading as ECJ Electrical & Communications, located in Western Sydney. The action follows a request for assistance from a worker who was employed full-time from May 2018 to September 2022, initially as an adult apprentice and later as an electrical worker. A Fair Work Inspector issued a Compliance Notice in December 2023, alleging underpayment of minimum wages and annual leave entitlements under the Electrical, Electronic and Communications Contracting Award 2020 and the National Employment Standards. The company allegedly failed to comply with the notice, with an estimated outstanding amount of $19,693.

What was decided

The Fair Work Ombudsman is taking ECJ Group Pty Ltd to court for failing to comply with a Compliance Notice regarding alleged underpayment of wages and annual leave entitlements. The company faces a potential penalty of up to $46,950 and is also being sought to pay the alleged $19,693 outstanding amount to the worker. A directions hearing is scheduled for September 19, 2024, in the Federal Circuit and Family Court in Sydney. The Fair Work Ombudsman emphasises enforcement of workplace laws and action against non-compliant businesses.

What it means for employers

Employers 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 outstanding entitlements. Employers should review their payroll practices and seek advice if unsure about compliance obligations.

What it means for employees

Employees who believe they have been underpaid or are unsure about their entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman provides resources and support for employees to understand their rights.

underpaymentpenalty-ratesgeneral-protectionscompliancemodern-award-variation

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-2024/20240909-ecj-litigation-media-release

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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 →

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