Fair Work Ombudsman
Citation: FWO-2024-10-01-new-switch-electrical-litigation-media-release
At a glance
- Penalty
- $4,810
- Employees affected
- 1
- Awards cited
- MA000173
What happened
The Fair Work Ombudsman has commenced legal action against New Switch Electrical Pty Ltd, an electrical services company based in Tullamarine, Melbourne, and its sole director, Mark Ladores Tan. The action follows a request for assistance from a young worker who was employed as a fourth-year apprentice and then a full-time electrician between August 2021 and September 2022. A Fair Work Inspector issued a Compliance Notice in December 2022, alleging the worker was not paid correctly under the Electrical, Electronic and Communications Contracting Award 2020 and National Employment Standards, and was not paid accrued annual leave. The company failed to comply with the notice.
What was decided
The Fair Work Ombudsman alleges New Switch Electrical failed to comply with a Compliance Notice regarding underpayment of a worker. The company faces a potential penalty of up to $41,250, and the director, Mark Ladores Tan, faces a penalty of up to $8,250. The FWO is seeking an order for New Switch Electrical to pay the outstanding amount of $4,810, plus superannuation and interest. A hearing is scheduled for October 31, 2024, in the Federal Circuit and Family Court.
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. Employers should ensure they are paying employees correctly according to relevant awards and legislation, particularly when employing young workers.
What it means for employees
Employees, especially young workers, should seek assistance from the Fair Work Ombudsman if they have concerns about their pay or entitlements. Free advice and assistance are available through the Fair Work Infoline.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/october-2024/20241001-new-switch-electrical-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 →