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FWOFair Work Ombudsman · 9 October 2024

Fair Work Ombudsman

Citation: FWO-2024-10-10-pether-and-rattana-litigation-media-release

At a glance

Respondent
FTP Construction
Penalty
$31,596
Employees affected
2
Awards cited
MA000047

What happened

The Fair Work Ombudsman has commenced legal action against the Respondent and his father. This action follows a request for assistance from two apprentice carpenters who worked for the Respondent between May 2018 and December 2019. A Fair Work Inspector issued a Compliance Notice in May 2022, alleging underpayment of minimum wages and overtime, failure to reimburse training costs, and failure to pay accrued annual leave. The alleged unpaid amount is $31,596, with only a fraction reportedly paid. The Respondent is also accused of breaching pay slip laws.

What was decided

The Fair Work Ombudsman is taking legal action against the Respondent and his father for failing to comply with a Compliance Notice. The court may order penalties and payments to the workers. The Respondent faces a penalty of up to $6,660 for failing to comply with the notice and $12,600 for breaching pay slip laws. The FWO is seeking orders for the Respondent to pay the outstanding amounts, plus interest. A directions hearing is scheduled for November 12, 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 employee entitlements. Small businesses should review their payroll practices and seek assistance if needed.

What it means for employees

Employees, especially young workers and apprentices, should be aware of their workplace rights and entitlements. If you have concerns about your pay or entitlements, contact the Fair Work Ombudsman for free assistance.

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underpaymentpenalty-ratesannual-leavegeneral-protectionspay-slipscompliancebuilding-and-constructionyoung-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/october-2024/20241010-pether-and-rattana-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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